Title

Saudi Arabia: Ministerial Decision No. 70273 of 1440  Issuing the Implementing Regulations of the Labour Law

Date of adoption

18December 2018

Entry into force

–

Text versions

Source:

–  The Ministry of Labor, Kingdom of Saudi Arabia, accessed: 14June 2019, retrieved from: https://mlsd.gov.sa/ar/decisions

Abstract

1. As long as the regulations of the Nitaqat program for incentivizing establishments to nationalize jobs is adhered to, no period of time shall be specified for the worker’s employment with his current employer before transfer to another employer is permitted.
2. Requests for transfer of services from one establishment to another shall not be accepted if the latter establishment has a worker whose work or residence permits have expired without renewal, or a worker who has spent three months in the Kingdom without having his permits issued. Exempt from this rule are a worker who was reported by the establishment as having missed work for more than fifteen days, a worker who is waiting for approval for transfer to another establishment, and a worker who has been issued a final exit permit.
3. Workers who hold the nationalities not permitted to transfer services under Saudi regulations may not be transferred.
4. Services may not be transferred to an establishment that is late in paying wages collectively, is proven to be engaged in commercial concealment, allows any of its workers to work for others without the proper permits or engage in self-employment.
5. The transfer of services of a new worker whose work permit has not yet been issued may take place without the employer’s approval in accordance with the regulations of the Nitaqat program.
6. The transfer of services for a worker whose work or residence permits have expired may be carried out without the employer’s consent in accordance with the regulations of the Nitaqat program.
7. The Minister of Labor or his deputy may approve the transfer of service of a worker to another employer without the current employer’s consent according to the regulations set by the Ministry.
8. The Minister of Labor or his deputy may approve the transfer of service of a worker to another employer without the current employer’s consent in any of the following cases:

a.      The existence of a court case between the worker and employer, which was prolonged through actions of the latter.

b.      Upon receiving a recommendation from the judge presiding over the case with the goal of preventing damages, which the worker may incur as part of the process.

c.       If the establishment fails to pay the wages of the worker for three months consecutively, or paid the third month’s wages late so long as the worker has not caused or contributed to the delay. The worker must submit a request to the Ministry within a year from the date of the last delayed payment.

d.      If the employer is absent (travelling, imprisonment, death, or any other reason) and this leads to the establishment not meeting its obligations towards its workers for three months.

e.      Some categories and nationalities of workers whose situation is regulated through special procedures and whose work contract has ended or was terminated by the employer.

f.        A dependent whose services had been transferred to work for another establishment after the work relationship has ended in accordance with procedures and arrangements set by the Ministry.

g.      Cases of family reunification: if one of the spouses has a valid work contract inside the Kingdom and his/her work contract with their current employer has ended or was terminated by the employer; if one the spouses is a Saudi national.

h.      The worker has reported a case of commercial concealment against his employer and provided evidence, as long as the worker is not party to the concealment.

i.        Any other cases necessitated by considerations of the public good as determined by the Minister or his deputy.

1. The services of a dependent legally residing in the Kingdom may be transferred to an establishment, which meets the conditions set in Art. 14 (1), if the following conditions are met:

a.      The dependent is at least 18 years old.

b.      The conditions for transfer in this article are met.

c.       The conditions for change of profession set in Art. 14 (3) are met excluding sub-articles a,c, and d.

Title

Qatar: Law No. 11 of 2018 Regarding Political Asylum

Date of adoption

Entry into force

Text versions

Source:

–  Official Journal Issue No. 15 (21 October, 2018), p. 9. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 08 May 2019, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7738&language=ar

Abstract

1.     A person who has committed serious non-political crimes outside Qatar.

2.     A person who has committed war crimes or crimes against humanity as defined by international agreements.

3.     A person who has committed acts which contravene the principles and goals of the United Nations.

4.     A person who holds more than one nationality, is protected by one of them, and has no valid reason to fear for his/her safety.

Art. 9 lists the privileges and rights granted to political refugees:

1.     Travel document is granted.

2.     Employment opportunity is provided.

3.     A monthly stipend until employment commences.

4.     Healthcare.

5.     Education.

6.     Housing.

7.     Freedom of worship

8.     Freedom of movement and travel.

9.     The right to judicial access.

Political refugees may also be permitted to bring along their spouse and first degree family members.

Title

Qatar: Law No. 10 of 2018 Regarding Permanent Residence

Date of adoption

04 September 2018

Entry into force

22 October 2018

Text versions

 Source:

 –    Official Journal Issue No. 15 (21 October, 2018), p. 3. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 08 May 2019, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7737&language=ar

Abstract

Article 1 of this law lists the conditions that need to be met by non-Qataris for them to be eligible for permanent residence in Qatar:

1.    Having legally resided in Qatar for twenty years if born outside of Qatar and ten years if born in Qatar.

2.    Having an income that meets his needs and those of his dependents.

3.    Having a good record and reputation and no prior conviction both in and outside of Qatar.

4.    Having sufficient knowledge of the Arabic language.

As an exception to the previous article, the following categories of non-Qataris may be granted a permanent residence permit (Art. 2):

1.    The children of a Qatari woman married to a non-Qatari.

2.    The non-Qatari husband of a Qatari woman.

3.    The non-Qatari wife of a Qatari man.

4.    The children of individuals who have acquired Qatari citizenship.

5.    Individuals who have offered special service to the country.

6.    Individuals with special qualifications needed in Qatar.

In accordance with Art. 4, only one hundred individuals may be granted permanent residence permits every year.

Without prejudice to the provisions of Law No. 21 of 2015, a holder of a permanent residence permit may exit and re-enter the country while his permit is valid without obtaining permission to do so (Art. 5).

The holder of a permanent residence card may be entitled to treatment and education in governmental institutions, subject to conditions and provisions to be determined by a decision of the Council of Ministers (Art. 6).

The spouse and children below the age of eighteen of the holder of a permanent residence card may receive the same privileges of residence, healthcare, and education according to the provisions of this law.

The Minister of Interior may exempt male children who have not completed their University Education up to age 25 and unmarried female children from the age restriction set in the previous paragraph (Art. 7).

Title

UAE: Ministerial Decree No. 711 of 2016Concerning Occupational Health and Safety Officers in the Construction and Industrial Sectors

Date of adoption

Entry into force

Text versions

English

Source:

–  Ministry of Human Resources & Emiratisation, United Arab Emirates, accessed: 12April 2019, https://www.mohre.gov.ae/en/laws-legislation/announcements.aspx

–  https://www.mohre.gov.ae/ar/laws-legislation/announcements.aspx

Abstract

The Ministry may take action according to established procedures against any establishment found to be in violation or engaged in deceit for the purpose of not fulfilling the requirement stated in article 1 of this decision (Art. 3).

Title

UAE: Ministerial Decree No. 729 of 2017 on the Controls, Standards, and Classification of Establishments and Their Employees

Date of adoption

Entry into force

Text versions

English

Source:

– Ministry of Human Resources & Emiratisation, United Arab Emirates, accessed: 12April 2019, https://www.mohre.gov.ae/en/laws-legislation/announcements.aspx

– https://www.mohre.gov.ae/ar/laws-legislation/announcements.aspx

Abstract

If workers mentioned in Art. 1 fail to meet its requirements, then they shall be classified as “with limited skill” (Art. 2).

Articles 3 & 4 specify the criteria for the classification of establishments under categories 1 and 2.

Article 5 lists the conditions under which the Minister may issue a decree classifying any establishment under Category 3, if it is established that it has committed one or more of the violations listed in the article.

Title

Oman: Ministerial Decision No. 270/2018Issuing the Regulations for Reporting Absconding Non-Omani Workers

Date of adoption

26June 2018

Entry into force

English

Source:  Qanoon, Official Journal Issue No. 1256 (12August 2018), pp.: 17 – 23, accessed: 28 December 2018, http://data.qanoon.om/og/1256.pdf

Abstract

In accordance with Art. 4, if an establishment reports 5 or more cases of absconding workers in one month or 10 or more cases in a year then it will be referred to inspection to determine its level of commitment to the provisions of the Labour Law and the Code for Occupational Safety and Health Regulations. If it is found to be incompliant with either, services provided to the establishment shall be halted for a period of one year.

Art. 11 grants the worker the right to object to the employer’s report within sixty days from the date of the report’s approval.

Art. 14 lists the consequences resulting from approving the report:

1. Change of worker’s status from “active worker” to “worker who left his workplace.”
2. Worker’s right to the end of service indemnity due to him for his work period shall be 
forfeited based on his leaving work.
3. The worker is deprived of the right to practice any other work or to transfer his services 
to any other employer.
4. The worker is prohibited from entering the country.

Title

Oman: Ministerial Decision No. 189 of 2004 Regarding the Rules and Work Conditions for Domestic Workers

Date of adoption

Entry into force

Text versions

English

Source: ILO Natlex, Official Journal Issue No. 771 (16June2004),accessed: 28December 2018, https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=106512&p_country=OMN&p_count=108

Abstract

With respect to employmentcontracts, they must be written in Arabic. If the contract is in a language other than Arabic, a copy must be appended in Arabic, signed by both parties, to have the same probative force. The contract must include all the rights and obligations of the two parties and the conditions of work (Art. 4).

Art. 5 lists the recruiter’s obligations, which must be included in the employment contract.

Art. 6 relates to the right of the employee to have his travel costs covered by the recruiter in the case of repatriation or annual leave that is agreed upon in the work contract. 

Art. 10 describes the procedure for dispute settlement.

Title

Qatar: Cabinet Resolution No. 6 of 2018 Establishing the Labour Dispute Resolution Committees and Developing the Rules and Procedures to Be Followed by Them

Date of adoption

Entry into force

Text versions

 Source:

–  Official Journal Issue No.6(15March, 2018), p. 236. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 19December 2018, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7568&language=ar

Abstract

Pursuant Art. 2 of the resolution, three committees will oversee labour disputes, each comprising of a chairperson who is a Court of First Instance judge together with two additional members.  The names of such individuals are detailed in the resolution.

The resolution provides that the Committee is required to meet three times per week, with their sessions being held in public (Art. 3 & 4).

Each of the parties to the dispute may appear before the Committee in person, or through a representative, to present his defense (Art. 5).

The Committee has the discretion to it consolidate cases with the same subject matter or parties (Art. 9).

The Committee is permitted to rule on matters in absentia or dismiss the case altogether where a party is not in attendance (Art. 11).

Title

Qatar: Law No. 17 of 2018 Establishing the Workers’ Support and Insurance Fund

Date of adoption

Entry into force

Text versions

 Source:

–  Official Journal Issue No.18(20November, 2018), p. 8. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 19 December 2018, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7798&language=ar

Abstract

1.    Providing the needed and sustainable financial resources for the support and insurance of workers.

2.    Paying the workers’benefits, which are settled by the labor dispute settlement committees, and subsequently reclaiming those amounts from the employer.

3.    Contributing to the provision and establishment of playgrounds, entertainment venues, or workers’ accommodation, in coordination with the relevant authorities.

The fund shall receive for its annual budget 60% of the fees collected for workers’ permits and their renewal (Art. 4).

Title

Qatar: Law No. 13 of 2018 Amending Some Provisions of Law No. 21 of 2015 Regulating the Entry, Exit, and Residence of Expatriates

Date of adoption

Entry into force

Text versions

Arabic

Source:

–  Official Journal Issue No.16(23October, 2018), p. 3. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 19December 2018, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7756&language=ar

Abstract

An expatriate worker covered under Labour Law No 14 for 2004 has the right to temporarily exit the country, or for good, at any time throughout the duration of his/her employment contract without an exit permit.

An employer has the right to submit in advance to the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) a list of employees that he deems necessary to obtain his pre-approval before leaving the country due to the nature of their work. The percentage of such workers shall not exceed 5% of the total number of employees.

The Minister shall issue regulations and procedures for the exit of expatriate workers who are not covered by the aforementioned Labour Law.

An expatriate worker who is for any reason prevented from leaving the country may submit a complaint to the Expatriates’ Exit Permit Grievances Committee. The Committee shall issue a response within three working days.

Title

Kuwait: Ministerial Decision No. 2302 of 2016 Issuing the Implementing Regulations of Law No. 68 of 2015 on Domestic Workers

Date of adoption

Entry into force

Text versions

 Source:

–   ILO Natlex, retrieved from:https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=106450&p_country=KWT&p_count=295&p_classification=22.15&p_classcount=4

Abstract

The condition for issuing or renewing the permit for companies recruiting foreign domestic workers is to submit a bank guarantee from one of the local banks worth KD 100,000 (in cases where the company has other branches, an additional KD 40,000 shall be paid for each branch), which should be valid for two years from the date of submission.

The work contracts for recruited foreign domestic workers mentioned in article 18 of Law No. 68 of 2015 shall be concluded using the form annexed to this decision (Art. 2).

The basic wage of the domestic worker shall be no less than KD 60 monthly (Art. 3).

Article 4 lays out the procedures for resolving conflicts between the parties to the domestic worker recruitment contract.

Article 5 lists the fees of permits for recruiting domestic workers. 

Title

Kuwait: Ministerial Decision No. 579 of 2015 Amending Ministerial Decision No. 200 of 2011 Regulating Employment in the Private Sector.

Date of adoption

Entry into force

Text versions

 Source:

–   Official Gazette, Issue No. 1227(15March 2015), retrieved from:ILO Natlex, https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/101781/122806/F2049659348/k.pdf

Abstract

The transfer of work is permitted for workers recruited on the basis of a work permit, after one year of continuous residence in the country has passed, while working for the last employer.

Every article that conflicts with the provisions of this decision is repealed (Art. 2).

Title

Kuwait: Ministerial Order No. 227 of 2014 amending Ministerial Order No. 200 of 2011 concerning the regulation of employment in the private sector.

Date of adoption

Entry into force

Text versions

Source:

–  Official Gazette, Issue No. 1176(23March 2014), p. 22, retrieved from:ILO Natlex, https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/99812/119251/F210842505/ku%201176.pdf

Abstract

–       Three years of continuous residency in the country for workers who are registered to perform activities in the fields of farming, fishing, agriculture, industry.

–       The transfer shall be executed only to an employer who performs the same activity for which the worker was recruited or locally hired to perform.

The provisions of Ministerial Decision 200 of 2011 and its amendments shall continue to be applied so long as they do not conflict with the provisions of this decision (Art. 2). 

Title

Qatar: Law No.13 of 2017 Amending Some Provisions of the Labour Law Issued in 2004

Date of adoption

Entry into force

Text versions

English

Source:

–  Official Journal Issue No.9(12 September, 2017), p. 18. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 22September 2018, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7310&language=ar

–          International Labour Organisation, accessed: 22 September 2018, https://www.ilo.org/dyn/natlex/docs/MONOGRAPH/104948/128415/F-437237902/QAT104948%20Eng.pdf

Abstract

Exceptionally, the employee may dispute a termination decision by appealing to the Labour Dispute Settlement Committee. Should the Committee decide that the termination was arbitrary or unlawful, it may require the employer to reinstitute the employee and compensate him for the period of unemployment or award him with adequate compensation. The compensation shall include wages and other benefits the employee is entitled to.

Article 3 adds a new chapter to the Labour law entitled “Chapter 11bis – Settlement of Individual Workers’ Disputes”

Article 115 bis outlines the procedure for the amicable settlement of disputes through the Labour Relations Department or the Human Resources Department at the Ministry.

Article 115 bis/1 sets the legal basis for the establishment of a “workers’ dispute settlement committee”, which is to be headed by a first instance court judge.

Article 115 bis/2 grants the Committee the competence to take a final decision on all individual disputes resulting from the application of the provisions of the Labour Law or a labour contract. The committee shall decide on the dispute, which is before it within three weeks as of the date on which the first session for its examination was held.

In accordance with Article 115 bis/5, the committee’s decisions shall have executory force.

Article 115 bis/6 lays out the appeal procedure. Concerned parties shall have the right to appeal against the decision issued by the workers’ dispute settlement committee before the competent circuit at the Appellate Court within fifteen days as of the day on which the committee’s decision was rendered if it was in the presence of the parties, or on the day which follows the announcement of the decision if it was in the absence of the parties. The appeal shall not result in stopping the implementation of the decision unless the competent circuit decides otherwise.

The competent circuit at the Appellate Court shall examine the appeal without delay, and shall decide thereon within thirty days as of the date of the first session held before it.

The competent circuit at the Appellate Court is the only body which can stop the implementation of the committee’s decisions

Title

Date of adoption

Entry into force

Text versions

English

 Source:

 –  Official Journal Issue No.9(12 September, 2017), p. 27. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 22September 2018, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7312&language=ar

–   International Labour Organisation, accessed: 22 September 2018,https://www.ilo.org/dyn/natlex/docs/MONOGRAPH/105099/128416/F-1438071320/QAT105099%20Eng.pdf

Abstract

Art. 6 grants the domestic worker the right to a paid probationary period.

Art. 7 lists the responsibilities of the employer, which include providing suitable housing, food, and medical care.

Art. 8 regulates the payment of wages.

The maximum working hours per day are set at 10 hours (Art. 12).

The domestic worker is entitled to one day of weekly rest (Art. 13).

Title

UAE: Ministerial Decision No. 31 of 2018 Regarding the Introduction of the Part-Time Work Contract System

Date of adoption

Entry into force

Text versions

English

Source:

–  Ministry of Human Resources and Emiratisation, United Arab Emirates, accessed: 06 September 2018, http://www.mohre.gov.ae/ar/laws-legislation/announcements.aspx

–  Legal AdviceMiddle East, accessed: 06 September 2018, https://legaladviceme.com/legislation/154/uae-ministerial-decision-31-2018-new-employment-system-under-part-time-contracts

Abstract

In accordance with Article 3, under this new part-time system the employee may:

a.      Work for the original employer for less than 8 hours a day or less than 48 hours per week, and in all situations his working hours shall not be less than 20 hours per week.

b.      Work for more than one employer at the same time without acquiring the approval of the original employer or any other employer s/he is employed by.

Article 4 lists the obligations of the employee.

Article 5 prohibits the employer from: demanding that the employee work for more hours without his written agreement; and stopping the employee from working for another establishment, which performs similar work to his under the pretext of non-competition or non-disclosure, unless a judicial order has been issued to that effect.

Title

UAE: Ministerial Resolution No. 1283 of 2010 Regarding the Licensing and Regulation of Private Recruitment Agencies

Date of adoption

Entry into force

Text versions

Source:

– Ministry of Human Resources and Emiratisation, United Arab Emirates, accessed: 06 September 2018, http://www.mohre.gov.ae/en/laws-legislation/announcements.aspx

Abstract

The cases in which the Ministry may revoke or temporarily suspend the license of an agency are listed in Article 5.

Article 6, which sets the actions that an agency must refrain from taking, prohibits the agency from: “Acquiring, directly or indirectly, from the worker himself or through mediation, any 
sums, monies, rights or gains under the name of commission, fees, or anything else for any reason and through any means whatsoever. The Ministry may oblige the Agency to submit a pledge to such effect, while obliging it to refund to the worker any amounts paid to any entity or person inside or outside the country with whom the Agency had dealt on the matter.”

Articles 9 and 10 determine the obligations of agencies and temporary employment agencies respectively.

Article 11 lists the obligations of the employer towards employees he hires through an agency.

Title

UAE: Ministerial Resolution No. (591) of 2016 Concerning the Commitment of Establishments to Provide Accommodation to their Workers

Date of adoption

Entry into force

Source:

– Ministry of Human Resources and Emiratisation, United Arab Emirates, accessed: 06 September 2018, http://www.mohre.gov.ae/en/laws-legislation/announcements.aspx

Abstract

Title

UAE:Ministerial Decree No. 401 of 2015 Regarding the Determination of Midday Working Hours

Date of adoption

Entry into force

Source:

– Ministry of Human Resources and Emiratisation, United Arab Emirates, accessed: 06 September 2018, http://www.mohre.gov.ae/en/laws-legislation/announcements.aspx

Abstract

The daily working hours must not exceed eight hours for workers who work in shifts. Any extra working hours must be considered as overtime and paid for accordingly (Art. 2).

Title

UAE: Decision 212 of 2018 Regulating the Work of Nationals in the Private Sector

Date of adoption

04 April 2018

Entry into force

–

Text versions

English

Source:

–  Ministry of Human Resources and Emiratisation, United Arab Emirates, accessed: 06 September 2018, http://www.mohre.gov.ae/ar/laws-legislation/labour-law.aspx#page=5

Abstract

The term of the employment contract for a national shall be two years and shall be renewed by mutual agreement.

Article 6 defines the situations in which the termination of a national is deemed illegal. Of special note is the second paragraph which states: “If it is established that the owner of the establishment has a NON-NATIONAL worker performing the same duties of the NATIONAL whose service is terminated, or, if it is established that the objective of terminating the NATIONAL’s service is to replace him with a NON- NATIONAL in the same job, without providing a justification acceptable by the Ministry in such two cases.”

Title

UAE: Ministerial Decision No. 739 Regarding the Protection of Wages

Date of adoption

13 July 2016

Entry into force

–

Text versions

Arabic

Source:

–   Ministry of Human Resources and Emiratisation, United Arab Emirates, accessed: 06 September 2018, http://www.mohre.gov.ae/ar/laws-legislation/labour-law.aspx#page=5

Abstract

In accordance with Article 1 of this decision,establishments employing 100 or more workers are required to pay their employees within 10 days of the date stipulated in their contracts. If not stipulated in the contract then the payment should be done at least once every two weeks. All establishments are required to provide proof of payment of wages through the Wages Protection System.

Article 2(1) determines the measures to be taken by the Ministry if an establishment fails to comply with the requirement of article 1:

A) A warning is issued to the establishment stating that it will be subjected to a ban on issuance of work permits if thesalary is sixteen days overdue.

B) Starting from the sixteenth day, the ban on issuance of work permits shall be imposed and the establishment is issued the following warnings:

Firstly, if it still has not paid the due wages by the end of the month then at the beginning of the following month:

–          The establishment shall be reported to the judicial or other relevant authorities, which shall take the necessary measures.

–          The ban shall be extended to other establishments owned by the employer in accordance with Ministerial Decision No. 703 of 2013.

–          The employer shall be banned from registering any new establishments with the Ministry.

–          Measures shall be taken to liquidate the bank guarantee paid by the establishment.

–          The establishment shall be downgraded to the third category of classification.

–          Workers shall be permitted to transfer to another employer.

Secondly, if after 60 days the salary has still not been paid then in addition to the measures mentioned above, administrative fees shall be imposed (Art. 2).

C) The ban that is imposed on the establishment in the case of being late in paying wages, shall be lifted as soon as they have been paid, whereas the ban that has imposed on the establishment for failing to pay by the end of a month (i.e. payment is stopped) shall be imposed for two months after the wages have been paid. If stopping the payment of wages occurs again, then the ban period after the wages are paid shall be doubled each time it reoccurs.

Article 2(2) deals with establishments employing less than 100 employees. If those establishments delay or stop paying wages, then they shall be dealt with according to the Ministry’s established regulations. However, if the establishment is delays or stops payments more than once in the same year, then it shall be dealt with in accordance with article 2(1).

The Ministry shall suspend dealings with the employers of establishments, who have not subscribed to the Wage Protection System (WPS) until they do so. This shall not entail harming the rights of the employees of those establishments (Art. 3).

This decision repeals and replacesMinisterial Decision No. 788 of 2009 Regarding the Protection of Wages (Art. 4).

Title

Qatar: Decision No. 39 of 2018 Specifying the Probation Period for Domestic Workers and Work Regulations

Date of adoption

24 April 2018

Entry into force

Text versions

Source:

–  Official Journal Issue No.10(2018), p. 104. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 10July 2018, retrieved from: http://www.almeezan.qa/LawPage.aspx?id=7617&language=ar

Abstract

The probation period may not be extended, and the same employer may not place the employee under probation more than once. Exempted from this are cases where the employer concludes a new contract with the employee, which covers a different scope of domestic work to be performed by the employee (Art. 2).

In accordance with Art. 3, the administration may not certify any work contract, which does not explicitly specify the duration of the probation or period, or specifies it in violation of the provisions of this decision.

The probation period shall be counted as part of the employment period for which an employee is entitled to annual leave and end of service gratuity in accordance with articles 14 & 15 of Law No. 15 of 2017 (Art. 4).

The employer may terminate the work contract during the probation period if he deems the worker to be unfit to perform his duties in the manner specified in article 1 of this decision (Art. 5).

Title

Bahrain: Decision No. 23 of 2018 Issuing the Health Insurance Law

Date of adoption

Entry into force

Text versions

Source:

–  Official Journal Issue No. 3369 (07June2018), pp.108 – 153, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 20July 2018, http://www.legalaffairs.gov.bh/Media/LegalPDF/K2318.pdf

Abstract

Art. 26 (a) specifies that compulsory health insurance shall apply to all citizens, residents and visitors. Art. 26(b) lists the categories of persons who shall be treated as citizens with regards to compulsory health insurance. These include: Non-Bahraini women married to Bahraini men; Non-Bahraini men married to Bahraini women; the children of Bahraini women married to non-Bahraini men; and other categories residing in the Kingdom with regards to whom a decision has been issued by the Council of Ministers based on a recommendation by the Higher Council for Health.

Art. 28 (a)(2) requires the employer to pay the fees for health insurance subscription on behalf of his non-Bahraini workers in order to cover the benefits listed under the compulsory health package for residents.

Art. 28(a)(3) requires a non-Bahraini employer if he is a natural person to pay the subscription fees for himself and members of his family supported by him, who reside in the Kingdom in order to cover the benefits listed under the compulsory health package for residents.

Art. 28(a)(4) requires an unemployed resident to pay the subscription fees for himself and members of his family supported by him, who reside in the Kingdom in order to cover the benefits listed under the compulsory health package for residents.

Art. 28(a)(5) requires a worker who is authorized to work without having an employer to pay the subscription fees for himself and members of his family supported by him, who reside in the Kingdom in order to cover the benefits listed under the compulsory health package for residents.

Art 28(a)(6) requires a sponsor to pay the subscription fees for persons he sponsors who do not have an employer in order to cover the benefits listed under the relevant compulsory health insurance package.

Art. 29 lists the obligations of an employer for enrolling his workers in health insurance. These include interalia: prohibiting the employer from hiring a foreign worker without enrolling him in health insurance; enrolling the worker’s dependents in health insurance if the work contract requires him to; and prohibiting the employer from obtaining compensation in any form from the worker in exchange for enrolling him in health insurance.

Workers under probation shall be covered by the compulsory health package for residents (Art. 30).

Temporary workers shall be covered by the compulsory health package for visitors (Art. 31).

Title

Bahrain: Decision No. 17 of 2017 Regarding Professional Activities which a Foreign Employer May Not Undertake Without Obtaining a Permit from the Labour Market Regulatory Authority

Date of adoption

15 May 2017

Entry into force

Text versions

Source:

–   Official Journal Issue No. 3314 (18 May 2017), p. 187, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 25 June 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLMKT1717.pdf

Abstract

Title

Oman: Ministerial Decision No. 340/2016 Regarding the Fees for Issuing and Renewing Permits for Non-Omani Workforce

Date of adoption

Entry into force

Text versions

 Source:

Qanoon, Official Journal Issue No. 1170 (13 November 2016), pp.: 11 – 16, accessed: 05 March 2018, http://data.qanoon.om/og/1170.pdf

Abstract

The table in Art. 2, lists the fees for recruiting, employing, and renewing a permit for a non-Omani worker.

In accordance with Art. 3, temporary permits for the recruitment and employment of a non-Omani worker may – on a need basis – be issued. The fees are listed as follows:

–       60 Omani Riyals for 4 months.

–       90 Omani Riyals for 6 months.

–       135 Omani Riyals for 9 months.

This decision repeals Decision No. 48/2005 (Art. 9).

Title

Qatar: Ministerial Decision No. 15 of 2017 Regarding the Establishment of a National Committee for Combatting Human Trafficking

Date of adoption

08 March 2017

Entry into force

Text versions

Source:

– Official Journal Issue No. 3 (2017), p. 82. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 06 May 2017, retrieved from: http://www.almeezan.qa/LawView.aspx?opt&LawID=7186&TYPE=PRINT&language=ar

Abstract

Art. 4 of this decision defines the role of the committee as a national coordinator for the purpose of monitoring and combatting human trafficking through coordination with relevant authorities. This is to be accomplished through the following activities:

1.     Setting the national plan for combatting human trafficking, and setting up programs and mechanisms for its implementation in coordination with the relevant authorities.

2.     Establishing a database that contains international agreements on human trafficking and relevant studies on the subject.

3.     Reviewing relevant national legislation and ensuring its compliance with international agreements ratified by the country.

4.     Preparing and publishing a yearly report on the country’s efforts to combat and monitor human trafficking

5.     Studying international and regional reports on combatting and monitoring human trafficking and taking necessary actions.

6.     Coordinating with relevant authorities to provide protection and support to victims of human trafficking, which includes coordination of the protection and rehabilitation program for helping victims.

7.     Raising awareness on human trafficking by holding conferences and symposiums and preparing pamphlets and training programs in order to achieve the objectives of the committee.

8.     Exchanging information and expertise with Arab, regional and international committees for combatting human trafficking and establishing strong ties with them.

9.     Participating along with relevant authorities in international conferences and forums on combatting human trafficking.

10.  Undertaking any tasks assigned to the committee related to combatting human trafficking.

Sources:

– Al Sharq Portal, accessed: 29 October 2015, retrieved from: http://media.al-sharq.com/portalfiles/pdfissue/قانون%20العمل.pdf

Abstract

According to Art. 7 of this law, the competent authority at the Ministry of Interior has to be informed about an expatriate’s intention to leave the country at least three working days before the exit date. In case of any objection to the exit of the worker by the recruiter or the competent authority, the expatriate can approach the exit petitions committee. The Minister of Interior shall issue a decision to form such a committee and specify its jurisdictions and the procedures to be followed by it, in addition to its mechanism of work. The worker may exit the country as soon as the recruiter informs the competent authority of his approval of the request. In case of an emergency for the worker, the petitions committee shall take a decision on his exit request within three working days.

Art. 8 requires the employer to return to the worker his passport or travel document once procedures for issuing or renewing his residence permit have been completed. The only exception is if the expatriate requests his employer to hold onto the passport in writing. The employer shall return the passport upon the expatriate’s request.

The competent authority may grant residence permits to the spouse, male children of the expatriate who are 25 years old or less and who have not completed their university education, and unmarried female children. The Minister may waive the age limitation, and with his approval a residence permit may be granted to the parents of an expatriate if deemed reasonable. The competent authority may also grant a residence permit to the spouse and children of a Qatari married to a foreigner and to his/ her non-Qatari parents as well (Art. 12)

Art. 14 sets a period of six months as the amount of time an expatriate is allowed to stay outside the country without losing his residency. An exception is given to those who obtain a re-entry permit from the competent authority prior to leaving or prior to the lapse of one year since departure as long as this is done within sixty days of the residence permit’s expiry.

Art. 17 lists the parties responsible for the residence of the expatriate. In the case of workers/ employees this responsibility lies with the employer only. In the case of dependants, the head of the family is responsible. The head of the family may continue to be responsible for women after they find employment within Qatar.[2]

Art. 19 lists the responsibilities of the recruiter which include: notifying the competent authority within fourteen days of the expatriate leaving his employment or refusing to leave the country after his residence permit has been cancelled or expired; bearing the expenses of the expatriate’s return to his country of origin; bearing the expense of burying the body of the expatriate or transporting it to his family.

In accordance with Art. 21, the approval of the both the employer and the competent authority within the Ministry of Labour and Social Affairs is needed for the transfer of employment before the end of the work contract. The expatriate may transfer to another employer immediately upon the expiry of his work contract in the case of limited term contracts or after five years in the case of unlimited contracts, subject to obtaining the approval of the employer and the Ministry.

The Minister or his nominee may approve the transfer of employment of any expatriate worker on a temporary basis if a suit is filed between him and his recruiter. In cases where the Labour Law does not apply to the expatriate worker, the Minister or his nominee may approve the transfer of the expatriate to any other employer in the event of abuse by the employer or as if deemed to be in the public’s interest.

For the same reasons, with the consent of the Minister or his nominee, and if requested by the worker and approved by the Ministry of Labour, the transfer of a worker who is subject to the Labour Law may be approved.

In accordance with Art. 23, recruiters may not allow their workers to be employed by anyone other than himself or herself or employ an expatriate who was not recruited by them. The competent authority may however authorize a recruiter to lend the expatriate worker he has recruited to another employer for no more than six months, which may be renewed for another six months.

The competent authority may also grant permission to an expatriate to work for another employer outside the regular working hours of his original employment provided that his recruiter agrees to it in writing.  The approval of the Ministry of Labour must be obtained for workers who are subject to the Labour Law.

An expatriate shall leave the country if he fails to obtain a residence permit in accordance with this law. He shall also depart the country within 90 days if his residence permit has expired or is cancelled. The expatriate may return to Qatar after obtaining approval from the competent authority and if he meets the conditions set for entry under this law and its implementing regulations (Art. 24).

Art. 26 denies a worker who has been dismissed from work and has not challenged the dismissal before the competent court, or whose challenge has been rejected from re-entering the state of Qatar for work before the lapse of four years from the date of his Departure.

This law repeals Law No. 4 of 2009 Regulating the Entry, Exit, Residence and Sponsorship of Expatriates (Art. 49).

Title

UAE: Ministerial Decree No. 766 of 2015 on Rules and Conditions for Granting a Permit to a Worker for Employment by a New Employer

Date of adoption

Entry into force

Text versions

Source:

–  Gulf New, accessed: 27 September 2015, retrieved from: http://gulfnews.com/news/uae/government/new-uae-ministry-of-labour-decree-on-worker-s-permit-for-employment-by-new-employer-1.1591536

Abstract

For term contracts, these instances include the following: 1) the expiry and non-renewal of the term contract; 2) mutual consent of both parties to the termination of the contract before its expiry, provided that the worker has completed no less than six months of the contract (this period is waived for workers that qualify for skill levels 1,2 and 3 as per the ministry’s classification); 3) the termination of employment by the employer, without reason of non-compliance on the part of the worker, provided the worker has completed no less than six months with the employer (this period is waived for workers that qualify for skill levels 1,2 and 3 as per the ministry’s classification); and 4) either party acts unilaterally to terminate the employment contract after its renewal if certain conditions are met.

For non-term contracts, these instances include the following: 1) mutual consent of both parties; 2) one of the parties acts to terminate the contract and notifies the other party while continuing to honor his/her obligations under the contract for the duration of the notice period (1 – 3 months); 3) and the termination of employment by the employer, without reason of non-compliance on the part of the worker. All these instances are contingent upon the worker’s completion of no less than six months with the employer. However, this period is waived for workers that qualify for skill levels 1,2 and 3 as per the ministry’s classification.

For all contracts, a worker may be granted a new work permit in any of the following cases: the employer’s failure to meet contractual or legal obligations to the worker such as non-payment of wages for a period exceeding 60 days; the worker filing a complaint against the employer for failing to secure employment as a result of the business being shut down; and a labour complaint is referred to the court by the Ministry and a final ruling is obtained in favour of the worker.

This decree nullifies Ministerial Decree No. 1186 of 2010 on the rules and conditions for granting permission to a worker whose employment relation has ended to work for a new employer (Art. 5).

Title

Bahrain: Decision No. 8 of 2018 Replacing Article 3(c) of Decision No. 121 of 2007 Regarding the Entry Visa and Residence Permit of Dependents of Foreign Workers and Business Owners

Date of adoption

Entry into force

Text versions

Source

–  Official Journal Issue No. 3347 (04 January 2018), p. 11, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 03 March 2018, http://www.legalaffairs.gov.bh/Media/LegalPDF/RINT0818.pdf

Abstract

1.      The monthly income of the foreign work or employer shall be no less than 400 Bahraini Dinars.

Persons who have been granted a residence permit prior to this decision coming into effect shall be exempt from the aforementioned stipulation (Art. 2).

Title

Qatar: Law No. 1 of 2017 Amending Some Provisions of Law No. 21 of 2015 Regulating the Entry and Exit of Expatriates and Their Residence

Date of adoption

04 January 2017

Entry into force

Text versions

Source:

– Official Journal Issue No. 1 (2017), p. 10. Retrieved from: Al-Meezan Qatar Legal Portal, accessed: 19 March 2017, retrieved from: http://www.almeezan.qa/LawView.aspx?opt&LawID=7154&TYPE=PRINT&language=ar

Abstract

An expatriate residing in Qatar for the purpose of work is entitled to exiting the country for vacation, or in cases of emergency, or for any other purpose, after notifying his recruiter in accordance with the work contract.

The expatriate’s final exit shall be before the end of his work contract, after notifying his recruiter, and in accordance with the work contract.

Should the recruiter or competent authority object to the exit of the expatriate in any of the cases stipulated in the paragraphs above, s/he may submit an objection to the exit petitions committee whose formation, competencies, procedures and operation shall be determined by a ministerial decision.

The committee shall issue a decision on the submitted petition within three working days.

Title

Bahrain: Decision No. 40 of 2014 Regarding The Requirements and Specifications for Workers’ Accommodations

Date of adoption

Entry into force

Text versions

Source:

– Official Journal Issue No. 3190 (01 January 2015), pp. 25 – 27, Legislation & Legal Opinion Commission, Kingdom of Bahrain, accessed: 21 October 2017, http://www.legalaffairs.gov.bh/Media/LegalPDF/RLAB4014.pdf

Abstract

This decision sets the requirements and specifications for workers’ accommodations, which must be adhered to by employers who provide accommodation for their workers in remote areas or any other areas (Art. 1).

The employer shall notify the Ministry of Labour of the location, address, and size of the accommodation as well as the number of workers accommodated there and their nationalities within 15 days of their accommodation (Art. 2).

Art. 3 sets the conditions and specifications that shall be met by employers for each accommodation.

Art. 4 lists the equipment that must be provided by the employer for every accommodation.

Art. 5 sets the specifications that must be met for every kitchen.

Art. 6 specifies the requirements and specifications for bathrooms.

The employer shall provide a dining area, whether independent or common, for each accommodation that is suitable for the number of workers residing in it (Art. 7).

In accordance with Art. 8, the employer is required to perform regular maintenance and emergency repair operations to ensure that the accommodation meets the required specifications stipulated in this decision, including repairs to the electrical wiring and boxes using techniques which comply with safety standards.

Employers who have provided their employees with accommodation prior to the issuance of this decision shall bring it in compliance with the specifications set herewith within three months of the decision coming into force (Art. 9).

This decision repeals Decision No. 8 of 1978 Regarding the Requirements and Health Specifications for Workers’ Accommodations as amended by Decision No. 9 of 2006 (Art. 10).

Title

UAE: Federal Law No. 15 of 2017 On Domestic Workers

Date of adoption

Entry into force

Text versions

English

Source:

–  Clyde & Co

Abstract

Art. 2 of this law defines its scope of application.

Articles 3 and 4 regulate the work of recruitment agencies.

Articles 5, 6, and 7 deal with the work contract.

Articles 10 and 11 pertain to workers’ wages.

In accordance with Art. 12, the worker is entitled to one day of paid rest per week and to a minimum of 12 hours of daily rest.

Articles 13 and 14 regulate workers’ leaves.

Articles 15 and 16 set the obligations of both employers and workers respectively.

Title

UAE: Federal Decree Law No. 2 of 2015 On Combatting Discrimination and Hatred

Date of adoption

Entry into force

Text versions

English

Source:

–  Abu Dhabi Judicial Department, United Arab Emirates, accessed: 01 April 2018, https://www.adjd.gov.ae/sites/Authoring/AR/ELibrary%20Books/E-Library/PDFs/Anti-discrimination%20and%20hate%20law.pdf

– Ministry of Justice, United Arab Emirates, accessed: 01 April 2018, http://ejustice.gov.ae/downloads/latest_laws2015/FDL_2_2015_discrimination_hate_en.pdf

Abstract

Title

Oman: Ministerial Decision No. 228/2012 Amending Provisions of Decision No. 1/2011 Issuing the Regulations for Recruiting Non-Omani Workforce

Date of adoption

Entry into force

Text versions

Source:

Qanoon, Official Journal Issue No. 973 (19 May 2012), pp.: 6 – 15, accessed: 05 March 2018, http://data.qanoon.om/og/0973.pdf

Abstract

An establishment may be granted a temporary permit in accordance with the following:

a.      Submitting a request using the designated form.

b.      The permit shall be valid for six months, which is non-renewable.

c.       The number of individuals hired using each permit shall not exceed five individuals. An establishment may request a new temporary permit once an old temporary permit has expired.

d.      The fee for each permit request is 36 Omani Riyals, which is non-refundable.

e.      The residence duration for an individual hired for domestic work is six months.

f.        An employment contract shall be signed with individuals hired for domestic work, which shall include the fees, wages, and other legal requirements to be borne by the establishment in accordance with form no. 6 annexed to this decision. The competent authority shall authorize the contract and a copy thereof shall be kept for its records.

g.      The employer shall not bear the fees listed in paragraph d of this article.

An establishment may not concede a temporary permit without obtaining written approval from the competent authority (Art. 25).

In accordance with Art. 26, an establishment is required to repatriate employees hired once their residence permit has expired if transfer has not been made. Should the establishment fail to do so or fails to uphold the terms of the employment contract referred to in article 24, the Ministry shall repatriate the employee and deduct the cost from the financial guarantee paid by the establishment.

Article 27 prohibits the establishment from employing its employees at another establishment before it transfers his services to the new employer through an employment contract (using annexed form No. 7). The establishment shall also sign a contract with the employee using annexed form No. 8. Both forms shall be authorized by the competent authority and a copy thereof shall be kept for its records.

Title

Oman: Ministerial Decision No. 420/2012 Amending Ministerial Decision No. 1/2011 Issuing the Regulations for Recruiting Non-Omani Workforce

Date of adoption

Entry into force

Text versions

Source:

Qanoon, Official Journal Issue No. 981 (11 August 2012), pp.: 38 – 40, accessed: 05 March 2018, http://data.qanoon.om/og/0981.pdf

Abstract

The licensed establishment shall commit to repatriating the foreign worker to his country of origin on its own expense as well as repaying the recruitment fees paid by the employer if it is established within 180 days of the worker’s arrival that:

1.      His profession is not the same as the profession stated on his recruitment permit, on the condition that he is repatriated within 14 days of commencing work.

2.      If the worker abstains from performing his job without a legal reason.

3.      If it is established that the worker has a handicap, or an infectious, chronic, or mental illness, which prevents him from performing the agreed upon job.

Title

Oman: Ministerial Decision No. 103/2015 Exempting Small Establishments from Omanisation Percentages and Determining the Professions and Activities in which Non-Omani Workforce May be Granted Permits to Work for Small and Medium Establishments

Date of adoption

Entry into force

Source:

Qanoon, Official Journal Issue No. 1099 (08 February 2015), accessed: 15 Jan 2018, http://data.qanoon.om/ar/md/momp/2015-0103.pdf

Abstract

Keywords: Oman, Laws & Regulations, Foreign Labour, National Labour, Omanisation

Art. 1 determines the condition under which a small establishment, which has been established after the issue date of this decision, may be exempted from the Omanisation percentage for two years:

1.      The employer must own the establishment.

2.      The employer must manage the establishment.

3.      The employer must be registered with the General Authority for Workforce Records as an employer.

4.      The employer must be registered with the General Authority for SME Development.

5.      The employer must be insured with the General Authority for Social Insurance.                                                                                                                               

For small establishments which were established prior to the issue date of this decision and meet the condition stipulated in Article 1, the Omanisation percentage may be implemented gradually in accordance with the following schedule (Art. 2):

1.      First year of this decision’s implantation, 25% of required Omanisation percentage shall be met.

2.      Second year, 50%.

3.      Third year, 75%.

4.      Fourth year, 100%.

Non-Omani workers may be granted permits to work for small and medium sized establishments that meet the conditions listed in article 1 (Art. 3).

Non-Omani workers may be permitted to work for small establishments in the construction sector, which meet the conditions listed in article 1. This is limited to 5 workers.

Title

Oman: Ministerial Decision No. 102/2015 Regulating Part-time Work

Date of adoption

Entry into force

Text versions