April 4, 2017

Хозяин
Two guests with us in the studio today—Ludmila Yamalova back here for round two. We didn’t have to rouse you from the sofa; we allowed you to go home.

Людмила Ямалова
I had to fight my way out, but yes!

Хозяин
Well, you know, we like having you here. It’s nice to see you. Talking specifically to Ludmila today about legal HR and employment issues—that’s really why she’s here: to answer your questions. We’ll come to some of those questions in a moment, Ludmila.

And David Mackenzie is back from Mackenzie Jones. Nice to see you, David! Still Iron Manning it?

David Mackenzie
I am, yeah. The season’s ending soon, so I’m now firmly on land—running instead of swimming and biking.

Хозяин
Okay, and feeling healthy and bringing us a broken biscuit cake. Thank you very much!

David Mackenzie
That was actually just for you. My wife, Elfty, wanted me to bring it in for you.

Хозяин
Your wife, Elfty, I have to say a big thank you because that cake is something else. Ludmila, I don’t know how you’re managing, but it’s an amazing cake, isn’t it?

Людмила Ямалова
Yes, thank you. I’ve already had my second piece. It’s just what I needed this afternoon.

Хозяин
Before we get into employment issues, we were talking about What3Words on the Business Breakfast this morning. This company has created an app that splits the world into three-by-three-meter squares, each uniquely identifiable by three words. For example, outside the door of ARN Towers, you’d find “link, keenest, recipe.” Why use this instead of coordinates? Well, words can sometimes be easier to remember.

Marie texted in saying that What3Words is perfect for natural disasters and emergencies where there’s no address system. For example, after the Nepal earthquake, it was used for locating people.

Людмила Ямалова
It’s fascinating! Though I admit, it sounded a bit silly at first.

David Mackenzie
It’s clever. Imagine the military using it for medevacs—something like “angry beaver hill.”

Хозяин
Tiger Toilet Central was mine. I don’t know why.

Хозяин
Let’s dive into the questions. This one came in yesterday during the property legal hour: What’s the law regarding maternity leave during a probationary period? Can the probation period be extended because of maternity leave?

Людмила Ямалова
The short answer is no. Probation cannot be extended due to maternity leave or any other type of leave. For example, if someone has a six-month probation period and takes 45 days of maternity leave, their probation still ends as scheduled.

Хозяин
David, let’s talk about future jobs. The World Economic Forum reported that while automation will result in a net loss of 7 million jobs by 2020, it will also create 2 million new ones through technology. Some examples include drone managers, smart home handy people, and virtual reality experience designers.

David Mackenzie
The world is shifting towards technical jobs. Our children are being prepared through coding lessons and IT skills. However, manual labor roles, like builders, are being replaced—3D printers can now build houses in 24 hours.

Host:
So, Ludmila, how is technology impacting the legal profession?

Ludmila Yamalova:
It’s becoming more prominent. For instance, AI now handles document reviews for litigation—a task that used to take weeks manually. Similarly, contract templates are now widely available, reducing the need for bespoke legal services.

Хозяин
But doesn’t that remove valuable training grounds for young lawyers?

Людмила Ямалова
It does. While my early career experience of manual case research shaped me, today’s tools like Westlaw and LexisNexis render that skill unnecessary.

Хозяин
Let’s take a question for Ludmila. If an employee regularly receives a bonus, should it be included in gratuity calculations?

Людмила Ямалова
Yes, any regular payment—whether labeled as a bonus, commission, or otherwise—must be included in gratuity calculations. For example, if you have a basic salary of AED 10,000/month and a regular bonus of AED 20,000 annually, your gratuity would be based on AED 140,000/year, not just your basic salary.

Хозяин
David, how do job seekers get the best out of recruiters?

David Mackenzie
Be proactive, but don’t stalk! Engage with recruiters in your specific field, tailor your applications, and stand out by becoming a thought leader—write blogs, network, and showcase your expertise.

Хозяин
Finally, Ludmila, let’s address a common question: Are non-compete clauses enforceable in the UAE?

Людмила Ямалова
Yes, if they’re reasonable. For example, non-competes must be narrowly tailored in terms of duration, geography, and scope. However, UAE courts don’t grant injunctions to prevent someone from joining a competitor. Instead, companies can claim compensation if they prove damages caused by the breach.

Хозяин
That’s all the time we have today. Thank you to our guests, Ludmila Yamalova and David Mackenzie. And a special thank you to Elfty for that incredible cake!