Hannah Gutang, Author at LexisNexis Middle East

Author: <span>Hannah Gutang</span>

Lexis Middle East HR Alert – March 2025 Edition

24/03/202524/03/2025
by Hannah Gutang

Welcome to the March 2025 edition of Lexis Middle East HR Alert, your indispensable guide to understanding the dynamic legal and business environment affecting HR in the Middle East. As the region continues to evolve and harmonise with international standards, it is crucial for HR professionals, legal advisors, and business leaders to remain informed about the latest developments and trends impacting the workforce. This issue highlights significant amendments to Saudi and UAE labour laws, emphasising enhanced worker protection and strict compliance measures.

In Saudi Arabia, updates to Cabinet Decision No. 219/1426 clarify the enforcement roles of the Ministry of Human Resources and Social Development and the Ministry of Interior, with increased fines for unauthorised employment ranging from 200,000 to 500,000 Riyals. The UAE’s Federal Decree-Law No. 9/2024 introduces amendments aimed at improving employer compliance, notably imposing fines of up to one million AED for employing workers fictitiously, with potential multiplication based on the number of workers involved. Additionally, Oman has implemented a new scheme requiring monthly employer contributions to the Social Insurance Organisation, ensuring expatriate employees receive their end-of-service gratuity dues more efficiently. Our comprehensive analysis delves into the implications of these legislative changes for HR practices across the region, exploring how these updates will affect compliance strategies, employee relations, and overall workforce management.

Stay ahead of the curve with Lexis Middle East HR Alert, as we provide you with the insights needed to navigate the complexities of HR in the Middle East.

Happy reading!

This edition features a diverse range of content, including:

Feature: A More Flexible Approach

Ben Brown and Sarit Thomas of Clyde & Co explore the greater adaptability afforded to employees and employers following the revisions to the ADGM’s Employment Regulations, set to be implemented on April 1, 2025.

Trend Setter: Recruitment

Mary Rintu from NYK Law analyses how the shift towards prioritising practical skills over experience in hiring may offer both opportunities and challenges for employers in the UAE.

News Round-up: Covering Recent Key Developments – Region-Wide

Keep up-to-date with the most recent regional developments, including a consultation on DIFC Employment Law.

Immigration Focus

Deepen your knowledge of the changing immigration and visa rules in the Gulf Cooperation Council (GCC) nations, emphasising the grace period for visa violators in Qatar.

Law Changes: New and Proposed MENA Laws

Balall Maqbool, Hamood Al Rawahi, and Mehdi Al Lawati of DLA Piper Middle East discuss Oman Ministerial Decision No. 13/2025 and the newly introduced regulations on part-time work in Oman.

Case Focus: QFC Employment Standards Office v Meinhardt BIM Studios LLC [2024] QIC (F) 24

Umar Azmeh, Registrar at QICDRC, highlights the importance of this case, comparing it to Donoghue v Stevenson [1932] AC 562, a landmark in negligence law. The QFC Employment Standards Office (ESO) is crucial in enforcing the QFC Employment Regulations 2020 through its investigations and guidance.

Enrich your understanding of the HR landscape and stay up-to-date with the latest trends, cases, and policies through the newest issue of Lexis Middle East – HR Alert.

For all the latest industry updates and developments, opt for a free HR Alert subscription!

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Lexis Middle East HR Alert_March 2025

Have you read the Lexis® Middle East HR Alert – previous editions? Click the links below to access and read these editions.

Lexis Middle East HR Alert_May 2024

Lexis Middle East HR Alert_July 2024

Lexis Middle East HR Alert_October 2024

Lexis Middle East HR Alert_January 2025

HR Profile: People and Technology

Uchenna Okpara Izuagba, Chief Human Resources Officer at Gastronaut Hospitality, asserts that prioritising employee needs and leveraging technology are essential for success in the UAE hospitality industry.

In-House Profile: Practitioner Perspective

Sarah Malik, Pavithra Rajendran, and Sara Nassif from SOL International outline the main aspects of UAE health and safety laws and the National Standard for the Occupational Safety and Health Management System (OSHMS).

Policy Pointers: Sponsorship transfers

Sarah Khasawneh, Associate at Pinsent Masons, highlighted that recent legal reforms in Qatar have changed the sponsorship transfer process by eliminating the need for NOC. Employees can now switch jobs without their current employer’s approval, improving worker mobility.

Moves and Changes

Stay updated on the newest business trends, significant appointments, and promotions in the region to stay connected with the market’s key influencers.

News developments

UAE: Pioneers Drone Air Navigation Certification

20/03/202520/03/2025
by Hannah Gutang

Gulf Today, 13 March 2025: The UAE General Civil Aviation Authority (GCAA) has launched the region’s first national regulation for certifying air navigation service providers for drones, known as CAR Airspace Part Uspace.

This groundbreaking regulation establishes a comprehensive framework for organisations aiming to offer air navigation services for unmanned aircraft, ensuring they comply with stringent operational and safety standards.

The regulation adopts a holistic approach, addressing all critical aspects of certifying drone air navigation service providers.

It includes contracting, training, quality assurance, safety, future planning, auditing, and certification.

The primary objective is to integrate drone operations seamlessly into the existing aviation ecosystem, ensuring a cohesive, efficient, and safe airspace through licensed entities specialising in drone air navigation services.

The Director-General of the GCAA has highlighted the importance of this milestone, noting that the regulation is a testament to the UAE’s commitment to safety, efficiency, and innovation in aviation.

As drone operations are projected to double soon, this proactive regulatory framework is poised to serve as a model for integrating drone and commercial aviation, reinforcing the UAE’s status as a regional aviation leader.

The Assistant Director-General of Aviation Safety Affairs has emphasised that the regulation is crucial for safely incorporating advanced drone technology into UAE airspace.

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News developments

Saudi Arabia: New Camping and Drone Use Rules for Wilderness Areas

20/03/202520/03/2025
by Hannah Gutang

Okaz, 18 March 2025: The Saudi National Centre for Vegetation Cover Development and Combating Desertification has issued new rules on wilderness camps, with restrictions on drone use, camp locations, and environmental protection.

The rules aim to ensure environmental protection and sustainable use of vegetated areas. Key provisions include restrictions on camp locations, and prohibiting camping in environmentally sensitive areas, forests, grazing-regulated pastures, and flood-prone areas. Camps are classified into individual, investment, government, and private business categories, and each has specific licensing requirements.

The regulations prohibit the use of drones for photography without a license, as well as other activities such as digging wells, using non-compliant electrical equipment, and lighting fires in unauthorised areas. Licensees must set up camps within designated areas, and remove them within 10 days of the license expiring. Fire safety measures should also be undertaken. Where environmental damage is caused, damage will have to be repaired or compensation will be as determined by the Centre.

The decision will impact campers, investors, and businesses involved in wilderness camping, and drone operators. It does not repeal or amend existing laws but introduces new guidelines which are designed to enhance environmental protection and regulate camping activities. The rules will have immediate effect when they are issued, and compliance will be required for all future camping and drone operations.

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News developments

Qatar: Cabinet Approves Key Resolutions to Enhance Administrative Framework

20/03/202520/03/2025
by Hannah Gutang

Qatar Tribune, 13 March 2025: The Qatar Cabinet has given its preliminary approval to a draft resolution.

This resolution is aimed at defining the administrative units within the General Retirement and Social Insurance Authority (GRSIA) and specifying their areas of specialisation.

This decision was made during the Cabinet’s regular meeting, chaired by the Prime Minister and Foreign Affairs Minister.

The draft resolution, developed in collaboration with the Civil Services and Government Development Bureau, seeks to modernise and enhance the institutional structure of the administrative units tasked with implementing contemporary social insurance systems.

This initiative aligns with the provisions of the Social Security Law and the Military Retirement Law.

In addition to this, the Cabinet has sanctioned a draft decision by the Minister of Finance concerning the remuneration of members involved in tender and auction committees, including their secretariats.

This decision, formulated in accordance with the Tenders and Auctions Regulation Law, outlines the regulations for entitlement and disbursement.

Further, the Cabinet approved a draft decision by the Minister of Environment and Climate Change to issue guidelines for radiation practices in industrial radiography.

This draft will be available on the “Sharek” platform for ten days to solicit comments and feedback.

The guidelines aim to mitigate radiation risks in industrial radiography by establishing national oversight requirements.

Another significant approval was given to a draft decision by the Minister of Justice to organise the initial real estate registry.

This draft, prepared in coordination with the Real Estate Regulatory Authority, will also be posted on the “Sharek” platform for public feedback.

It aims to provide a legislative framework for recording real estate data and documenting legal rights and dispositions.

The Cabinet has also decided to proceed with the necessary measures to ratify an MoU for cooperation in tourism and business events between Qatar and Sierra Leone.

Additionally, several MoUs were approved, including cooperation in statistics with Saudi Arabia, public administration reform with Morocco, and combating money laundering with Libya.

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News developments

Oman: Employment, Training and Wage Support Initiatives

20/03/202520/03/2025
by Hannah Gutang

Times of Oman, 18 March 2025: The Omani Ministry of Labour has plans to create 45,000 jobs in 2025, which will include 11,000 training placements, 10,000 government roles, and 24,000 private sector positions.

The plan focuses on legal frameworks for employment, training, and wage support, particularly through SMEs, start-ups, and freelance work.

The National Employment Programme has been designed to better align education with labour market needs, localising 2,800 roles in industrial estates. Digital platforms such as Tawteen, Marsad, and Khuta have been designed to make the labour market more efficient and aid career planning. Employment governance committees in 17 sectors aim to boost localisation and expand opportunities in IT and maintenance.

The Ministry is also supporting entrepreneurship through freelance initiatives, offering financing, training, and social protection. The “Smart Management” project will pilot AI-driven HR solutions to enhance digital governance and public-private sector integration. These initiatives aim to improve employment, training, and labour market efficiency in Oman.

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News developments

Kuwait: New Traffic Law, Community Service and Stricter Penalties

20/03/202520/03/2025
by Hannah Gutang

Arab Times, 12 March 2025: Kuwait’s recently enacted Kuwait Decree-Law No. 5/2025 introduces significant amendments, including alternative penalties that can replace traditional sanctions at the discretion of the judiciary.

This new approach allows judges to convert penalties into community service, which is tailored to the violator’s profession and qualifications.

Such service can last up to a year, requiring eight hours of work per day without pay.

In cases where a serious violation results in damage to public property, the violator may be required to repair the damage at their own expense.

Judges also have the authority to impose multiple service penalties, which take effect immediately upon the issuance of the ruling.

The law maintains vehicle impoundment in 27 cases, but introduces “physical impoundment,” where a tracking device is installed in the vehicle, and fees are imposed based on the violation.

If the conditions of spatial impoundment are violated, a fine of 50 dinars is imposed, and the vehicle is moved to a traffic impoundment garage.

Additional fines apply if the tracking device is damaged or lost. Violating physical impoundment is considered a serious offence, requiring the violator to designate a fixed location for the vehicle.

A regulatory decision will soon limit the number of vehicles citizens and residents can own before the new traffic law takes effect on 22 April 2025.

Concerns about potential discrimination have been addressed, clarifying that these measures are within the state’s sovereign authority to regulate in the public interest.

The accuracy of AI cameras in detecting violations is reported to be 99%, with human oversight ensuring precision.

Violations such as not wearing a seatbelt, using a mobile phone, exceeding speed limits, or placing children in the front seat are documented by AI and reviewed by humans.

Notifications are sent to violators within 48 to 72 hours.

Citizens and residents can file complaints about violations through the Ministry of Interior’s “Sahl” application or by visiting the Violations Investigation Department.

Complaints are thoroughly reviewed, and violations may be canceled if the claimant’s rights are proven.

Ministry patrols are equipped with cameras to verify claims of wrongful violations, ensuring the rights of both security personnel and violators are protected.

Addressing concerns about the severity of fines under the new law, it has been clarified that Kuwait’s fines are not the highest among neighbouring countries, with some GCC countries imposing stricter penalties.

The General Traffic Department conducted extensive studies and public opinion polls before finalising the law, which was reviewed by the judiciary, the Fatwa and Legislation Authority, and the Public Prosecution.

The resulting fines aim to deter reckless driving and serious violations, such as running red lights, which endanger lives.

The 2025 Unified Traffic Week for GCC countries will carry the slogan “Driving without Accidents,” continuing the theme from 2024.

It has been highlighted that most accidents result from driver inattention, often due to mobile phone use.

Under the new law, settlement orders for violations now range from 15 to 150 dinars, up from the previous range of 5 to 50 dinars.

Habitual violators, especially those committing serious offences, will be referred to court without the option of settlement.

Vehicle owners are held responsible for violations, even if someone else was driving at the time.

If a vehicle owner disputes a fine, they must identify the driver during the violation.

An example was shared of a woman fined 30,000 dinars for violations committed by her son’s friends, who were driving her vehicle without her knowledge.

Drivers and front-seat passengers are required to wear seat belts, with vehicle owners held accountable for compliance.

With the new law’s implementation, patrols and control rooms have observed increased adherence to seat belt regulations.

It is now rare to see drivers or passengers without seat belts.

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News developments

Dubai: New Regulations on Freezone Company Operations

20/03/202520/03/2025
by Hannah Gutang

The National, 17 March 2025: Dubai has introduced a new regulation which will allow free zone companies to operate anywhere within the emirate after they have obtain the necessary permits from the Dubai Department of Economy and Tourism (DET).

Dubai Executive Council Resolution No. 11/2025, aims to simplify business expansion for free zone companies. However, it excludes financial institutions which are licensed within the DIFC.

The companies will have to comply with federal and local regulations and maintain separate financial records for their operations outside the free zone. In addition, to operate outside Dubai, additional licenses from relevant authorities will be required. The DET will be authorised to issue one-year renewable licenses for branches within Dubai and permits for specific activities.

The resolution also details the requirements for obtaining a licence, the procedures for issuing activity permits, and the conditions for employing the company’s workforce.

This initiative supports Dubai’s D33 agenda, which aims to double the economy to Dh32 trillion ($8.71 trillion).

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News developments

Abu Dhabi: Enacts Law to Restructure Independent Customs Administration

20/03/202520/03/2025
by Hannah Gutang

Abu Dhabi has enacted a law to reorganise the General Administration of Abu Dhabi Customs.

This administration, operating under the Abu Dhabi Department of Economic Development, now holds an independent legal status.

It is tasked with proposing policies and strategic plans for customs operations, facilitating trade, ensuring regulatory compliance, and safeguarding society from illegal activities.

The administration’s responsibilities include managing customs offices, implementing customs policies, and coordinating with authorities to regulate the import, export, and transit of goods.

It also oversees the inspection and valuation of goods, collection of duties and taxes, and management of free zones and customs warehouses.

Additionally, the administration is involved in facilitating the movement of goods, regulating customs clearance, and monitoring customs brokers.

It plays a crucial role in combating smuggling and customs-related crimes by investigating violations and enforcing legal measures.

The administration also handles conciliation settlements and the management of seized goods and customs exemptions.

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News developments

UAE: Cabinet Approves Executive Regulations for Legal Professionals

14/03/202514/03/2025
by Hannah Gutang

Gulf Today, 12 March 2025: The UAE Cabinet has recently approved new executive regulations aimed at enhancing the legal profession and legal consultation sector within the country.

These regulations are designed to bolster the judicial system, improve the nation’s rule of law indicators, and ensure effective justice through partnership and integration.

Key aspects of the regulations include the criteria and procedures for lawyers transitioning from practicing before lower courts to the Federal Supreme Court.

They also outline the requirements for trainee lawyers, the responsibilities of supervising lawyers, and the licensing process for non-national lawyers practicing in the UAE.

Additionally, the regulations cover the registration and re-registration of legal researchers and advisors, as well as their powers and responsibilities.

The regulations further detail the establishment and management of law and legal consultation firms, including licensing, suspension, and liquidation processes.

They also address the equivalency of university qualifications for legal professionals.

Lawyers’ rights and duties, their relationship with clients, and fee structures are clearly defined.

The regulations also specify conditions under which lawyers may engage in commercial activities.

Confidentiality obligations for legal researchers, advisors, and representatives are emphasised, with exceptions only in cases of preventing crimes or when required by law.

The Cabinet has also approved a regulatory framework for professional law and legal consultancy firms, aiming to enhance the legal environment and regulate the practice of legal professions according to best practices.

This framework allows Emirati lawyers and legal consultants to establish professional companies, either individually or in partnership with international firms, provided certain conditions are met.

Permitted legal forms for professional companies include partnerships, limited liability companies, and one-person limited liability companies.

All partners must be licensed professionals, ensuring compliance to Federal Decree-Law No. 34/2022 and its executive regulations.

To obtain a professional company licence, applicants must be registered Emirati lawyers or legal advisors, have certified articles of association, and secure professional insurance to cover liability for errors, thereby protecting clients’ rights and fostering trust in the legal services offered.

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News developments

UAE: Approves Remote Work for Government Entities Outside the Emirates

13/03/202513/03/2025
by Hannah Gutang

Khaleej Times, 10 March 2025: The UAE has announced the approval of a remote work system for government entities, allowing employees to operate from outside the country.

While remote work has been a part of federal entities since 2017, this marks the first instance of extending the policy to employees based internationally.

The system is expected to enable the UAE to access specialised skills and knowledge from around the world, enhancing the execution of projects and studies for federal entities.

The relevant authorities will be responsible for identifying roles suitable for remote work from outside the UAE.

Additionally, the country will establish guidelines outlining the conditions and responsibilities for contracted employees.

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