ALL ABOUT EMIRATIZATION

Emiratization

                • The Emiratization is being introduced into the U.A.E. private sector as of January 2023.
                • Emiratization is a government initiative to encourage meaningful and efficient employment of Emiratis in the UAE.
                • This is in line with the Ministerial Resolution No. 279 of 2022, which was issued in June of 2022.
                • As per this Resolution, the government aims to increase employment of Emiratis in the private sector by 2% annually.
                • With the objective of reaching 10% increase by 2026.
                • The requirement for the number of Emiratis to be hired, depends on the number of skilled workers in the company
                • -Companies with 51 – 100 skilled workers – should hire 2 Emiratis.
                • -Those with 101 – 150 skilled workers – must hire at least 3 Emiratis.
                • -And those companies who have more than 151 skilled workers – should hire 1 Emirati for every 50 skilled workers.
              • The deadline for compliance is January 1, 2023.
              • After which penalties will be imposed.
              • The penalties start with AED 6,000 per month for every Emirati, who has not been employed.
              • And increase by additional AED 1,000/per month, every year.

Happy Diwali – Fireworks in the UAE

Fireworks in the UAE

    1. The use of fireworks, in the U.A.E., is strictly regulated.
    2. This is because they are considered explosives.
    3. And, therefore, subject to, among other things, the U.A.E.’s law on Weapons, Ammunition and Explosives, which is Federal Decree Law No. 17 of 2019.
    4. As per this law, a proper license is required to use fireworks or other explosives.
    5. This means, that, legally speaking, only those companies who are properly licensed can conduct fireworks.
    6. Those licenses are, generally, issued by the U.A.E. Ministry of Interior.
    7. Therefore, anyone who uses fireworks or explosives without proper approvals can be subject to fines and jail sentence.

Halloween 2022: Sorcery and Cosplay in the UAE

Halloween 2022: Sorcery and Cosplay in the UAE

  1. Happy Halloween 2022!
  2. Generally, dressing up as a character from a film, book, or video game – is NOT illegal.
  3. But depends on the specific costume – which should not be offensive or against public morals.
  4. Furthermore, the timing of dressing up in costumes in public is relevant too.
  5. So, dressing up in costumes during Halloween time is acceptable and, even celebrated, in the UAE.
  6. This is in addition to the U.A.E. Constitution, which also provides that the practice of holding passports is against the country’s laws.
  7. But, outside of a specific occasion, visiting public places dressed up in costumes, may not be deemed culturally appropriate.
  8. Also, pretending to be a witch on Halloween is very much different from exercising witchcraft.
  9. Which is otherwise referred to as sorcery.
  10. This is because, sorcery in the UAE is expressly illegal and punishable by 1) a jail sentence and 2) a fine not less than AED 50,000.
  11. This is as per the UAE Crimes and Punishment Law No. 31 of 2021 and, in particular, Articles 366 and 367.

New Birth Certificate Law in the UAE

New Birth Certificate Law in the UAE

  1. Birth certificates in the UAE have been made easier to obtain!
  2. In short, a marriage certificate is no longer the main requirement to qualify for a birth certificate.
  3. For example, in cases where both parents are present, a notarized confirmation that the child is theirs, replaces the previous requirement of a marriage certificate, all together.
  4. In other words, there is no longer a minimum requirement for the marriage duration, as was the case before.
  5. In those cases, where the father is unknown, a specialized court would issue an order for the issuance of the birth certificate, on the basis of the mother’s undertaking.
  6. This is by virtue of a new Law No. 10 of 2022, Regulating Registrations of Births and Deaths in the UAE.
  7. Which cancels the previous Law No. 18 of 2009.
  8. And comes into effect on October 15, 2022.
  9. Related Podcast: https://lylawyers.com/podcast/new-birth-certificate-law-uae/

Unemployment Insurance in the UAE

Unemployment Insurance

  1. Unemployment insurance has now been officially introduced in the UAE.
  2. This was done by virtue of a brand-new law, issued by the U.A.E. President, Sheikh Mohamed Bin Zayed.
  3. The objective of the law is to:
    • Ensure income during unemployment;
    • provide social security; and
    • continue to attract and retain world’s best talent to the country.
  4. At a high level, unemployment insurance will be available for both: 1) public and 2) private sector employees.
  5. With a few exclusions, such as: 1) part time employees, 2) owners of businesses and 3) domestic workers.
  6. The maximum insurance compensation is for a period of 3 months.
  7. The law is Federal Decree Law No. 13 of 2022 regarding Insurance for Unemployment.
  8. And it came into effect on September 29, 2022.
  9. Further details will be issued in additional regulations and decisions.

New Domestic Workers Law UAE

New Domestic Workers Law in UAE

            1. Domestic workers’ rights in the UAE have been strengthen even further.
            2. By virtue of a new Domestic Workers Law.
            3. At a high level, the law, expressly,
              • Requires employers to treat workers with respect
              • Prohibits: 1) discrimination, 2) harassment and 3) forced labor,
              • Obligates employers to provide decent living conditions
              • And educate workers about their rights and how to enforce them.
            4. Furthermore, the law requires employers to:
              • Pay salary monthly, within 10 days.
              • And, document a receipt of payment, each time.
            5. Importantly, the law prohibits salary deductions.
            6. And expressly bans agencies or employers to charge workers recruitment or visa costs.
            7. The law also ensures workers the right to:
              • Keep their passports and.
              • A copy of their employment contract
            8. Most importantly, the law clearly gives workers the right to terminate their contract when employers breach any of their obligations.
            9. The new law is Law No. 9 of 2022 Regarding Domestic Workers.
            10. Replacing previous Law No. 10 of 2017.
            11. And comes into effect as of December 15, 2022.
            12. Related Podcast: https://lylawyers.com/podcast/domestic-workers-law/

Sexual Harassment

Sexual harassment

  1. Sexual harassment in the U.A.E. has now been expressly outlawed.
  2. For the first time, it is specifically addressed by the new UAE Crime & Punishment Law, which is Federal Decree Law No. 31 of 2021, and in particular, Article 413.
  3. Under this law, sexual harassment is defined as:
    1. persistent harassment of a victim,
    2. by repetitive 1) acts, 2) words, or 3) gestures,
    3. the purpose of which is to offend their honor,
    4. with the intent of making them act on sexual desires.”
  4. The punishment for sexual harassment can range from 1) a fine of not less than AED 10,000 and/or 2) jail term of not less than 1 year.
  5. The punishment can be increased under certain circumstances, including the age and relationship of the victim.
  6. And it such case, the punishment can range 1) over 2 years in jail and/or 2) a fine of more than AED 50,000.

Employers Forbidden From Holding

Employers Forbidden From Holding

  1. Holding of employees’ passports by employers is against the UAE law.
  2. In particular, this practice is expressly forbidden by, among other things, the U.A.E. Labor Law, No. 33 of 2021
  3. And, specifically, Article 13, subsection 2, which states that “employers shall not seize official documents” of their employees.
  4. Passports are an example of an “official document.”
  5. As well as labor cards, employment contracts and other similar documents.
  6. This is in addition to the U.A.E. Constitution, which also provides that the practice of holding passports is against the country’s laws.

Brokers in Real Estate Transactions

Brokers in Real Estate Transactions

  1. Real Estate brokers’ involvement in property transactions in the UAE is not required by law.
  2. This is unlike what some may insist on.
  3. In other words, there is no law, which requires parties to operate only through real estate brokers.
  4. This means that parties can transact directly and draft their own agreements.
  5. Furthermore, in Dubai, if parties deal without a broker, they do not need to use a template Dubai Land Department (DLD) forms.
  6. As such, they have more freedom and flexibility, not to mention saving on the broker’s commission. 
  7. Importantly, this applies not only for buying and selling properties, but also for renting.

Broker’s Commissions

  1. Commissions for real estate brokers in the U.A.E. are not regulated by law.
  2. This means, among other things, that there is no law requiring a payment of a broker’s commission.
  3. Nor is there a law setting a minimum percentage for the commission.
  4. Therefore, it is entirely for the parties to decide 1) what the commission should be and 2) how it should be calculated. 
  5. For example, it could either be 1) a percentage or 2) a lump sum.
  6. Similarly, the commission could be paid either:
    1. only when the transaction is complete, or
    2. in the event the transactions is not complete, a proportionate compensation for the work conducted by the broker, as of that time.
  7. In practice, in Dubai, brokers tend to charge 2% as their commission, and usually payable by the buyer.
  8. However, as there is no law regulating commissions, there are no specific guidelines as to what brokers can and cannot do, in connection with representing parties and charging their commissions.

Advertising Laws in UAE

Legal Framework of Advertising in UAE.Advertising laws in the UAE are many.  There are federal laws and there are those which apply in individual Emirates.

  1. Federal Law No. 15 of 1980 on Publications and Publishing
  2. Fujairah Law No. 1 of 1994 concerning Promotional Campaigns for Commercial Advertising Purposes in the Emirate of Fujairah
  3. Dubai Local Order No. 11/2003, on Public Health and Safety of the Community in the Emirates of Dubai
  4. Cabinet Decision No. 7 of 2007 on the Health Advertisements Regulations
  5. Ras Al Khaimah Law No. 11 of 2008 on the Control of Advertising
  6. Administrative Decision No. 35 of 2012 on the Standards of Advertisements Content in the Media
  7. Ras Al Khaimah Law No. 5 of 2016 concerning Promotional Campaigns and Special Offers for Commercial Advertising Purposes
  8. Sharjah Executive Council Decision No. 30 of 2019 on the Regulation of Outdoor Advertising in the Emirate of Sharjah
  9. Abu Dhabi Decision No. 37 of 2019 on the Regulation of Health Information and Advertising
  10. UAE Media Content Standards Decision No. 20 of 2019,
  11. Abu Dhabi Decision No. 144 of 2020 on the Regulation of Granting Advertisements and Promotions Permits
  12. Dubai Decree No. 6 of 2020 on the Regulation of Advertising in the Emirate of Dubai
  13. Cybercrime Law No. 34 of 2021
  14. UAE Crime and Punishment Law

Advertising Standards (2020)– to consolidate various principles governing content in relation to advertisement in the UAE, reinforcing a number of fundamental edicts.

  1. religious, cultural and social values in the UAE;
  2. strengthen the freedom of expression of the media;
  3. establish the advertisement sector as one which contributes to the advancement of economic development in the UAE; and
  4. ensure that all advertisement content is:
    1. impartial;
    2. truthful;
    3. respects the privacy of individuals; and 
    4. protects society from harmful influences.
  5. Advertisement Standards set out principles to all: 1) digital and 2) traditional advertisement, broadcast or publishes, through any media corporation and outlet.  Could also be applied more broadly, to include advertisement issued by shops.  

Summary of main Advertising Standards:

  1. Respect for religion and political institutions
  2. Prohibited products/services: explicitly prohibit advertising alcoholic beverages, tobacco, smoking and all banned products or services, including banned narcotics.
  3. Prohibited content:
    1. words and pictures that breach public morals;
    2. prejudice children, women or any other members of society;
    3. provocation of violence, hatred and sectarianism via advertising content.
  4. Privacy:
  5. Misleading news and rumors
  6. Consumer Protection
  7. Health regulations: medicines or pharmaceutical products

Arabic Language. Now required to be in standard Arabic.

Additional Requirements. 

  1. Must be clear and not contain incorrect information. 
  2. No confusion.  Or misleading
  3. No unlawful use of trademarks in advertisements. 
  4. Broadcast or publication of specialized advertisements, i.e. advertisements about medicines or pharmaceutical products, food products and promotions require special permission of the relevant authority prior to issuance. Similarly, advertisements relating to properties, universities and kindergartens must be approved by the relevant authority.

Advertising Media –  traditional (broadcast and publications) and digital

  1. Physical advertising, e.g. billboards
  2. Digital/online advertising
  3. Media – newspapers, magazines, periodicals, websites, radio, television and movie theaters 
  4. Social media

Specific Industries. Certain industries are subject to specific and more stringent regulations, in the interest of public safety.

  1. Health/medicine
  2. Education
  3. Food
  4. Medicine
  5. Food
  6. Universities
  7. Real estate
  8. Special offers
  9. Promotional campaigns; and
  10. drugs

Special categories

  1. Alcohol
  2. Promotional campaigns

Permits – for advertising within individual Emirates, requires permits

Restricted areas, requiring special permits

  1. Houses of worships, tombs,
  2. Traffic signs and boards
  3. Government headquarters
  4. Trees
  5. Military areas
  6. Facades of residential buildings
  7. Parties subject to advertising rules:
  8. Businesses and sellers of product and services (producer)
  9. Advertising/marketing companies
  10. Media

Governing Authorities

  1. Media Regulatory Office (MRO) at the Ministry of Culture and Youth (previously National Media Council) – issuing licenses for media activities, such as “representative office for a print,” “radio or TV broadcasting,” and other “media license for services of a commercial nature.” 
  2. FNC
  3. RTA
  4. DED
  5. Dubai Civil Aviation Authority
  6. Dubai Municipality
  7. Maritime City Authority