Littler Global Guide - United Arab Emirates - Q3 2018

Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Part-Time Working Arrangements Now Possible in the UAE

New Order or Decree

Authors: Rebecca Ford, Partner & Sara Khoja, Partner – Clyde & Co

The UAE Ministry of Human Resources and Emiratisation (MHRE) has recently issued a Ministerial Resolution No. 31 of 2018 Introducing Part-Time Employment Contract System. The Part-Time Resolution allows an employee employed under an existing part-time employment contract to be employed by several other MHRE-registered employers without the consent of their primary employer. Employers likely will be concerned about the potential disclosure of their confidential information or trade secrets by part-time employees who work for a competitor.

New Code of Ethics and Professional Conduct for Health Professionals

New Order or Decree

Authors: Sara Khoja, Partner & Wayne Jones, Partner – Clyde & Co

The UAE's Minister of Health and Prevention issued a federal resolution approving a Code of Ethics and Professional Conduct for Health Professionals designed to boost confidence in the healthcare industry and to change the culture of the profession in the UAE. This new Code expands upon the conduct expectations of health practitioners outlined in earlier Emirate-specific codes, with specific focus on patients’ well-being and the responsibilities that health professional have towards themselves, their colleagues and society. The conduct expectations, if breached, could seriously impact the health professional’s license.

Continuing the Drive for Emiratisation

New Order or Decree

Authors: Rebecca Ford, Partner & Sara Khoja, Partner – Clyde & Co

To increase workforce nationalization, the Ministry of Human Resources and Emiratisation has introduced a number of measures, including Ministerial Decree Number 212 of 2018. Among the significant changes, the decree provides for UAE national employees to be employed on a two-year employment contract, which may be renewed by mutual agreement. It also sets out various rules and procedures pertaining to termination of UAE nationals, including legal grounds for termination, employers’ and employees’ respective obligations, and the potential consequences and penalties for breaching such obligations.

Dubai's New Regulation to Support Individuals with Disabilities in the Workplace

New Order or Decree

Author: Shabnam Karin, Legal Director & Ben Brown, Legal Director – Clyde & Co

Resolution No. 43 of 2018 in support of people with special needs expands upon previous laws by providing guidance on how individuals with a physical or mental disability shall be treated in the workplace, and helps them to get access to equal opportunities in the labor market. In particular, it is aimed at ensuring that their right to work is exercised on an equal basis with others, including: equal employment opportunities; non-discrimination against them in any work stage or benefit; and salaries equal to their peers.

Major Immigration Changes in the UAE

New Regulation or Official Guidance

Authors: Shabnam Karin, Legal Director & Ben Brown, Legal Director – Clyde & Co

To enhance the UAE's economic competitiveness, the UAE has introduced several new types of visas: (i) a job seekers visa for 6 months for those eligible for the on-going immigration amnesty; (ii) a retirement visa for expats; and (iii) a free transit visa for the first 48 hours. The immigration process is becoming increasingly complex, particularly regarding new requirements, additional documentation required, and the home country recruitment centers set up in third countries. Timeframes for recruitment and new employee on boarding also have increased.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.