Sharjah Introduces Tenant Protection: 3-Year Eviction Moratorium

 A new rental law announced on Monday mandates that landlords in Sharjah must ratify

Sharjah Ruler Dr Sulthan bin Muhammed AL Qasimi

contracts within 15 days of issuance. The new law addresses the conditions under which a landlord may evict a tenant from the leased property. Additionally, it defines the circumstances in which both parties can mutually agree to terminate their rental contract.

The law issued by Sheikh Dr. Sultan bin Muhammad Al Qasimi, Ruler of Sharjah and Member of the Supreme Council, specifies the conditions for eviction as follows:

1. Eviction Restrictions:
• Landlords cannot request tenants to vacate the leased property before the expiry of 3 years for residential use and 5 years for commercial, industrial, or professional use. Previously, landlords could ask tenants to vacate the property with a three-month eviction notice after getting permission from Sharjah Municipality.

The new lease law applies unless one of the following reasons is available:

A. If the tenant does not pay the rent or any instalment thereof within 15 days from the due date.

B. The tenant’s violation of any of his legal or contractual obligations and failure to remove the violation within 30 days from the date of notification by the landlord.

C. If the tenant assigns all or part of the lease contract or re-rents all or part of the leased property in violation of the provisions of this law and its executive regulations, without prejudice to the provisions of the transfer of ownership of the commercial premises stipulated by law.

D. If the tenant uses the rented property or allows others to use it for a purpose other than that specified in the lease contract or in violation of its terms or uses it for purposes that conflict with public order or public morals.

E. If the landlord wishes to demolish the rented property, rebuild it, or carry out comprehensive maintenance that makes it impossible for the tenant to be present in the property, in accordance with the conditions specified in the executive regulations of this law.

Meanwhile, if the landlord wishes to occupy the rented property for the purpose of residence for himself or one of his first-degree adult relatives, provided that the following occurs:

A. He shall not own another property suitable for housing within the municipality’s jurisdiction.

B. Notifying the tenant of the eviction request within a period of not less than three months from the date set for the eviction.

C. That the landlord himself or one of his first-degree adult relatives actually occupy the leased property within two months after it has been vacated by the tenant and for a period of one year without interruption.

2. If the landlord does not comply with the conditions outlined in paragraph E of this article, the tenant shall have the right to claim compensation for the damage he suffered as a result of the eviction before the centre.

The law states that if the landlord refuses to accept the rent payments or does not specify a location for payment, the tenant can deposit the rent or instalment with the designated centre, as long as he/she follows the guidelines in the law's executive regulations. In case the landlord or tenant hasn't agreed on the method or date of payment, or if proving such an agreement is difficult, rent will be paid in four equal instalments spread throughout the lease term.

Termination of Contract

The new law also defines the termination of the rental relationship as follows:

1. Transfer of Ownership: The rental relationship does not end, and the tenant is not harmed by the transfer of ownership of the leased property to a new owner, regardless of the method or reason for its transfer. The new landlord cannot request the tenant to vacate the property or increase the rent except under the provisions of this law and its executive regulations. The new lessor replaces the previous lessor in all rights and obligations of the lease contract.
2. Death of a Party: The rental agreement does not automatically end if one of the parties dies, except when the tenant dies and their heirs request to terminate the contract. In such cases, the contract can only be terminated 30 days after the landlord is notified or when the contract naturally expires, whichever comes first.
3. Early Termination by Tenant: For fixed-term rental contracts, a tenant may request early termination if they can prove that unexpected or exceptional circumstances have made it difficult to fulfil their obligations. If the landlord refuses this request, the tenant can take the matter to the relevant authority, which will then evaluate the situation. If the contract is terminated early, the tenant must pay the landlord at least 30% of the rent for the remaining contract term, unless both parties agree to a different arrangement.

Rent Increase

1. Initial Period: Landlords cannot increase the rent until three years have passed from the start of the rental agreement unless both parties mutually agree to a change. If a tenant accepts a rent increase within those three years, the landlord cannot raise the rent again for another two years.
2. Fair Rent Value: After the initial period, any rent increase must reflect the fair rent value, as determined by the law’s executive regulations, outlining how to calculate this fair rent. The governing council may also amend these time frames through a formal decision.

I hope this helps! Let me know if you need any further details 

Expats -Unlock New Opportunities: U.A.E Amnesty Period Starts September 1

 When is the amnesty period?

s

The amnesty period, which exempts violators from financial fines and administrative restrictions, will commence on September 1, 2024, and will last for two months.

From left: Major General Sultan Yusuf Abdul Rahman Al Nuaimi, Director-General of Residency and officials

Who can benefit from the amnesty?

1.    Residency Violators: Individuals holding a residence permit in the illegal residence category after the grace period has ended, or whose permits have expired or been canceled.

2.    Visa Violators: Individuals holding a visa after the specified period of stay has ended.

3.    Absconding Cases: Those listed in the administrative lists of ‘Report of Interruption of Work’.

4.    Foreigners Born in the Country: Those whose guardians have not confirmed their residence within four months from the date of birth.

Who is not eligible for the amnesty?

1.    Residence and visa violators after September 1, 2024.

2.    Those on the list of work interruption reports (absconding) after September 1, 2024.

3.    Deportation cases – individuals deported from the country or the Gulf Cooperation Council (GCC) countries.

Benefits of the Grace Period

1.    Exemptions from Fines:

o   Administrative fines for illegal stay.

o   Establishment card fines.

o   Identity card fines.

o   Fines for not providing the Ministry of Human Resources and Emiratisation (MOHRE) with an employment contract.

o   Fines for not renewing an employment contract with MOHRE.

2.    Exemption from Fees:

o   Residence and visa cancellation fees.

o   Work interruption report filing fees.

o   Departure fees.

o   Residence and visa details fees.

o   Departure permit fees.

3.    No Entry Ban:

o   Violators can leave the country after settling their status without any administrative restrictions that prevent their return, and without a ban stamp.

How to Apply

Applications for the amnesty can be made through the ICP website (icp.gov.ae). You will only need to visit a service center once you receive a message for registering your biometric data.

Fingerprinting/Biometric Requirements

If you wish to leave the country, there are two scenarios:

1.    If you have previously completed biometric fingerprinting, a request for an exit permit is submitted, and the permit is issued directly.

2.    If you have not completed biometric fingerprinting, you will be directed to a specified fingerprinting center (for those aged 15 years and above). The procedures will be completed, and the exit permit will be issued.

Approved Biometric/Fingerprinting Centres

·       Abu Dhabi: All service centers with biometric fingerprint capture devices in Al Dhafra, Sweihan, Al Maqam, and Al Shahama.

·       Dubai: Al Aweer Service Centre.

·       Other Emirates: All service centers with biometric fingerprint capture devices.

Duration of the Exit Permit

The exit permit is valid for 14 days, within which you must exit the country. All previous fines and restrictions will be reinstated if departure is not possible within the deadline or if the permits expire outside the specified exemption period.

Does the amnesty include people who entered the country illegally?

No, the amnesty does not include infiltrators. They must review their case with the Department of Residency and Foreigners Affairs.

How to Apply for the Amnesty

You can apply for the amnesty through the ICP website (icp.gov.ae). You will only need to visit a service center once you receive a message to register your biometric data.

Fingerprinting/Biometric Requirements

If you wish to leave the country, there are two scenarios:

1.    Previously Completed Biometric: If you have already completed biometric fingerprinting, you can submit a request for an exit permit, which will be issued directly.

2.    Biometric Not Completed: If you have not completed biometric fingerprinting, you will be directed to a specified fingerprinting center (for those aged 15 years and above). Once the fingerprinting procedures are completed, the exit permit will be issued.

Approved Biometric/Fingerprinting Centres

·       Abu Dhabi: All service centers with biometric fingerprint capture devices in Al Dhafra, Sweihan, Al Maqam, and Al Shahama.

·       Dubai: Al Aweer Service Centre.

·       Other Emirates: All service centers with biometric fingerprint capture devices.

Duration of the Exit Permit

The exit permit is valid for 14 days, within which you must exit the country. All previous fines and restrictions will be reinstated if departure is not possible within the deadline or if the permits expire outside the specified exemption period.

Does the Amnesty Include People Who Entered the Country Illegally?

No, the amnesty does not include infiltrators. They must review their case with the Department of Residency and Foreigners Affairs.

Where can I go to raise inquiries?

If you need assistance with your visa status, you can reach out to the ICP through the following channels:

·       ICP Call Centre: 600 522222

·       Live Chat: icp.gov.ae

·       Amer Call Centre (for Dubai): 800 5111

·       MOHRE Call Centre: 600 590000

·       Social Media: Any of the social media channels of the ICP or the General Directorate of Residency and Foreigners Affairs Dubai (GDRFAD).

What happens if I am unable to settle my status within the specified period?

The law will be applied, and fines and fees will be imposed on violators who do not settle their status within the specified period.

What kind of services will be provided to violators during the period of correction of status?

During the amnesty grace period, the following services will be provided:

·       Issuing an exit permit.

·       Renewing a residence permit.

·       Issuing a residence permit for newborns (born in the country).

·       Issuing a new visa (work or residence).

·       Adjusting the status of a valid visa.

·       Issuing a residence permit for visa violators (work or residence).

What are the working hours during the grace period?

The working hours at the service centers where biometric fingerprints are registered will be extended. The working hours will be from 7 am to 8 pm.

How will violators who were born in the UAE be dealt with?

·       In the event of departure: A unified number will be created, and an exit permit will be issued with exemption from fines by the executive departments based on a request in the smart system using a passport or travel document.

·       In the event of a status change: Fines will be exempted based on a request submitted to the smart system to confirm the residence under the sponsorship of the head of the family or the employers and the guarantor, provided that the request is processed in the smart system by the executive departments.

How is the situation of a violator who has traffic violations and vehicle licensing settled in the event of departure?

The violating owner who wishes to leave is directed to give up the vehicle before the departure takes place.

Some violators have lost their passports. How will such cases be dealt with?

Violators who have lost their passports must follow the process:

·       For GDRFA - Abu Dhabi: A request is submitted through the smart system, and the violator is given a copy of residency details and a certificate stating that the passport is lost to obtain a travel document. The travel document issued by embassies and consulates is also relied upon for violators wishing to leave the country, provided that the data matches the data of the copy of residency details.

·       For GDRFA in other emirates: Report the loss through the General Command of the Police, according to which the travel document is issued.

If the head of the family is wanted or in violation of the visa regulations and the family members are in violation, how are their statuses settled?

Family members are allowed to leave the country or adjust their status, as per the circumstances.

Family Departure and Status Adjustment

If the head of the family wishes to leave with his family, the residencies of the family members will be canceled, allowing them to depart. However, if the family members, such as children, wish to adjust their status, they can transfer their sponsorship to the mother if she is employed, or meets the conditions for a work visa according to the current procedures.

If the head of the family benefits from the visa issuance service, the residencies of the family members under his sponsorship will not be canceled.

Expired Exit Permit and Banned List

If a violator’s ordinary exit permit has expired and they have been placed on the banned list before the amnesty, they must visit the Department of Residency and Foreigners Affairs to settle any outstanding restrictions and close their entries. After this, they can submit a request to either remain in the country and adjust their status or arrange for their departure. In this scenario, fines will be waived, and restrictions and entries will be removed. The amnesty beneficiary will be allowed to leave the country without a ban stamp if they choose to do so.

Regulations for Violating Partners and Investors

A violating partner or investor must complete procedures related to canceling the establishment in accordance with the ICP’s regulations before submitting a request to leave the country.

Adjusting the Status of a Family with a Wanted or Violating Head

For violators who have lost their passports, the following procedures apply:

1.    Departure of Family Members:

o   Family members are allowed to either leave the country or adjust their status, depending on the situation.

o   If the head of the family chooses to leave the country with the family, the residencies of the family members will be cancelled, and they will be permitted to leave.

2.    Status Adjustment for Family Members (Children):

o   If family members, such as children, want to adjust their status, they can do so by transferring their sponsorship to the mother, provided she is employed, or by meeting the conditions for a work visa according to the procedures outlined in the relevant guide.

3.    Visa Issuance Service for the Head of the Family:

o   If the head of the family benefits from the visa issuance service, the residencies of the family members sponsored by him will not be canceled.

Adjusting the Status of Violators Sponsored by Troubled Companies

For violators who have lost their passports, the following procedures apply:

1.    Adjusting the Status of Violators Sponsored by Companies Without Restrictions:

o   The status of violators under the sponsorship of companies that have no restrictions can be adjusted according to the procedures outlined in the relevant guide.

2.    Adjusting the Status of Violators Sponsored by Troubled Companies:

o   If violators are affiliated with troubled companies that have restrictions, their status can be adjusted by the ICP.

o   In cases where violators face challenges in adjusting their status through MOHRE, the executive departments will coordinate to facilitate the adjustment of their status.

---

I hope this helps! If you need any further adjustments or additional information, feel free to let me know.

 

Breaking: Heavy Fines for UAE Employers Who Violate Labor Laws

 A new federal decree-law has been issued, amending existing regulations and imposing fines of up to Dh1 million for various offenses.

Key Violations and Penalties:

• Employing workers without permits or providing jobs: Fines ranging from Dh100,000 to Dh1 million.
• Closing a business without settling worker rights: Fines ranging from Dh100,000 to Dh1 million.
• Fraudulent labor practices: Criminal penalties for actions like fictitious Emiratization.

Key Changes:

• Steeper Penalties: Employers face fines ranging from Dh100,000 to Dh1 million for offenses including:
• Employing workers without valid work permits or providing jobs
• Closing businesses without settling worker entitlements
• Engaging in fraudulent labor practices like fake Emiratization
• Employing minors illegally
• Circumventing labor market regulations
• Settlement Options: The Ministry of Human Resources and Emiratization can now negotiate settlements where employers pay half the minimum fine and reimburse government incentives obtained through fraudulent practices.
• Criminal Charges: Criminal proceedings for fake Emiratization can only be initiated by the Ministry or its authorized representative.
• Dispute Resolution: Labor disputes will primarily be handled by the Court of First Instance, streamlining the process.
• Statute of Limitations: Claims related to employment termination must be filed within two years.

Aim of the New Law

These amendments aim to enhance labor market efficiency, protect worker rights, and deter illegal practices. By clarifying regulations and imposing stricter penalties, the UAE seeks to create a fairer and more competitive employment landscape.

Would you like to know more about a specific aspect of the new law or its potential impact on businesses? 

Unlock New Opportunities with Saudi Arabia's Game-Changing Investment Law

 Saudi Arabia is taking significant steps to level the playing field for domestic and international investors by easing regulatory restrictions. As the largest economy in the Arab world, the kingdom aims to boost foreign investments.

Khalid Al Falih, Minister of InvestmentSaudi Investment Minister

Key features of the new law include:

• Equal treatment for all investors: Ensuring fair competition and eliminating discriminatory practices.
• Simplified investment procedures: Streamlining the registration process and reducing bureaucratic hurdles.
• Investor incentives: Offering targeted incentives to boost investment in priority sectors.
• Stronger investor protection: Enhancing intellectual property rights and providing efficient dispute resolution mechanisms.
• Dedicated investor support: Establishing a one-stop shop for investor services.

 On Sunday, the Council of Ministers approved an updated investment law, consolidating various regulations into a single framework designed to offer greater transparency, flexibility, and confidence to investors, according to a statement from the Ministry of Investment.

“The law reaffirms Saudi Arabia’s commitment to creating a welcoming and secure environment for investors, driving economic growth, and enhancing the kingdom’s position as a premier global investment destination,” said Khalid Al Falih, Minister of Investment.

He added, “The policy direction outlined in Vision 2030 allows investors to invest with certainty and grow with confidence at a time when many other markets are experiencing considerable volatility.”

Saudi Arabia has implemented numerous reforms to improve its business environment and attract foreign investment, which is crucial for its economic transformation agenda. The kingdom aims to draw foreign funds for its giga-projects under the Vision 2030 plan to reduce its reliance on oil.

Recent investment-friendly measures include the civil transactions law, private sector participation law, companies law, bankruptcy law, and regulations for special economic zones.

Foreign direct investment (FDI) inflows into the kingdom were $19.3 billion last year, down from $32.8 billion in 2022. However, FDI inflows have surged by 158% from $7.46 billion in 2017 to $19.3 billion in 2023. In the first quarter of 2024, FDI inflows increased by 0.6% year-on-year to 17 billion Saudi riyals ($4.5 billion).

The kingdom aims to attract $100 billion annually in FDI by 2030 to boost its non-oil gross domestic product and has set a goal of increasing FDI to 5.7% of GDP by the end of the decade.

According to the ministry, the executive regulations of the updated investment law will come into effect at the beginning of 2025.

The updated law aligns the rights and duties of domestic and foreign investors with international practices and replaces foreign investor licensing requirements with a simplified registration process. It promotes equal treatment for domestic and foreign investors under similar circumstances and re-evaluates restrictions on economic activities to ensure fairness.

Additionally, the law aims to attract investments by offering incentives based on specific, objective, and pre-announced eligibility and evaluation standards. It also enhances investor rights, including intellectual property protection, fair competition, and effective dispute resolution methods.

From Waste to Wealth: Discover Saudi Arabia’s Green Industry Transformation

  This article effectively highlights the country's commitment to sustainability, key initiatives, and the role of technology in driving this transformation.

Challenges and Opportunities

Economic challenges: Discuss the economic viability of certain recycling technologies, especially in comparison to traditional waste disposal methods.

  High Initial Investment Costs: The establishment of recycling infrastructure and technology can be capital-intensive.

  Lack of Economic Incentives: Insufficient financial rewards for recycling activities can hinder motivation.

  Limited Market for Recycled Materials: A small market for recycled products can restrict the recycling industry's growth.

  Competition with Virgin Materials: Recycled materials often face price competition from cheaper virgin materials.

  Infrastructure Challenges: Inadequate waste collection and transportation systems can impede recycling efforts.

  Skilled Labor Shortage: A deficiency in skilled professionals for waste management and recycling can hinder operations.

  Regulatory Hurdles: Complex and inconsistent regulations can create obstacles for recycling businesses.

Infrastructure development: Analyze the need for improved waste collection and transportation infrastructure to support recycling efforts.

·       Waste Collection and Transportation: Challenges and opportunities in establishing efficient collection systems.

·       Material Recovery Facilities (MRFs): The need for advanced facilities to sort and process industrial waste.

·       Recycling Plants and Technologies: Investment in state-of-the-art equipment for waste transformation.

·       Landfill Alternatives: Exploring sustainable options like waste-to-energy and waste-to-fuel.

·       Public-Private Partnerships: Leveraging collaboration for infrastructure development.

·       Geographical Challenges: Addressing the vastness of the country and its impact on infrastructure. 

Public awareness: Examine the role of public education and awareness campaigns in promoting recycling and reducing waste generation.

  The Role of Education: Importance of incorporating recycling into school curricula.

  Public Awareness Campaigns: Effective strategies to engage the public.

  Overcoming Misconceptions: Addressing common myths about recycling.

  Community Involvement: Encouraging citizen participation in recycling initiatives.

  Media's Role: Leveraging media platforms to promote recycling.

  Measuring Public Awareness: Assessing the impact of awareness campaigns.

 Comparative Analysis

·       Global benchmarks: Compare Saudi Arabia's recycling rate and initiatives to other leading countries in the field.

·       Regional cooperation: Explore opportunities for collaboration with neighboring countries in the Gulf region to share best practices and resources.

Specific Case Studies

·       Detailed examples: Provide in-depth case studies of successful recycling projects in Saudi Arabia to illustrate the impact of different technologies and approaches.

·       Challenges and lessons learned: Discuss the challenges faced by these projects and the valuable lessons learned.

Future Outlook

·       Emerging trends: Identify emerging trends in industrial waste recycling, such as advanced materials recovery and circular economy business models.

·       Policy recommendations: Offer suggestions for further policy measures to accelerate the transition to a circular economy in Saudi Arabia.

Potential Focus Areas for Deeper Analysis

Based on your current content, here are some potential focus areas for further exploration:

·       SIRC's role in technology transfer: Delve deeper into specific technologies being transferred by SIRC and their impact on the recycling industry.

·       Aramco's circular economy initiatives: Explore the potential for replicating Aramco's recycling models in other sectors of the Saudi economy.

·       Waste-to-energy potential: Assess the economic feasibility and environmental impact of different waste-to-energy technologies in the Saudi context.

·       Comparison of European and Chinese technologies: Provide specific examples of technologies from each region and analyze their suitability for Saudi Arabia's conditions.

Technologies in Industrial Waste Management

Modern industrial waste management is evolving rapidly with the integration of advanced technologies aimed at improving efficiency, sustainability, and environmental impact. Here are some of the latest trends: 

Smart Waste Management: Utilizing the Internet of Things (IoT), smart waste management systems include sensors and smart bins that monitor waste levels in real time. This technology helps optimize collection routes and schedules, reducing fuel consumption and emissions.

Chemical Recycling: This process involves breaking down waste materials into their chemical components to create new, high-value products. Techniques like gasification, pyrolysis, and solvolysis transform waste into useful intermediates and petrochemical alternatives.

Enhanced Biodegradable Plastics: Innovations in biodegradable plastics are accelerating their decomposition rates through microbial action. These plastics decompose into water, carbon dioxide, and biomass much faster than traditional biodegradable plastics.

Recycling Robots: AI-powered robots are revolutionizing the sorting process in recycling facilities. These robots use advanced computer vision and robotic picking to classify and sort materials more efficiently, addressing contamination issues and labor shortages2.

Advanced Treatment Processes: Technologies such as incineration, pyrolysis, anaerobic digestion, and chemical treatment are being used to treat and neutralize industrial waste effectively while minimizing environmental impact.

These technologies are helping to create a more sustainable and efficient waste management industry, aligning well with green investment initiatives.

 Are there any specific technologies or trends you’re particularly interested in exploring?

European vs. Chinese Technologies in Industrial Waste Management Overview

Europe and China represent two distinct approaches to industrial waste management, each with its own strengths and weaknesses.

European Technology

·       Focus on Sustainability and Circular Economy: European technology is often driven by stringent environmental regulations, leading to a strong emphasis on resource efficiency and waste minimization.

·       Advanced Recycling Technologies: Europe is a pioneer in advanced recycling processes like chemical recycling and pyrolysis, transforming waste into valuable resources.

·       Innovation and R&D: Significant investments in research and development have led to the development of innovative waste management solutions.

·       Strong Regulatory Framework: Clear and robust environmental regulations drive the adoption of sustainable practices.

·       Examples: Germany's Green Dot system, the Netherlands' waste-to-energy facilities, and Sweden's recycling leadership.

Chinese Technology

·       Scale and Efficiency: China has rapidly developed large-scale waste management infrastructure to address its vast waste generation.

·       Cost-Effective Solutions: A focus on cost-efficiency has led to the development of affordable technologies.

·       Waste-to-Energy: China is a global leader in waste-to-energy technologies, converting waste into electricity and heat.   

·       Rapid Technological Advancement: Significant investments in research and development have driven rapid technological progress.

·       Examples: China's extensive network of waste-to-energy plants, advanced sorting facilities, and smart waste management systems.

·        key Considerations for Saudi Arabia

When selecting technologies for Saudi Arabia, consider the following:

·       Waste Composition: Understanding the types and quantities of industrial waste generated is crucial for technology selection.

·       Economic Factors: Evaluate the cost-benefit analysis of different technologies, considering both capital and operational expenses.

·       Environmental Impact: Assess the environmental implications of each technology, including greenhouse gas emissions and resource consumption.

·       Regulatory Framework: Align technology choices with existing and planned environmental regulations.

·       Technology Transfer: Consider the availability of technical support and training for selected technologies.

Potential Synergies

It's important to note that both regions offer valuable technologies. A combination of European innovation and Chinese efficiency could be optimal for Saudi Arabia. For example, adopting European advanced recycling technologies while leveraging Chinese expertise in waste-to-energy and large-scale infrastructure could create a robust waste management system.

Alternatively, please feel free to ask if you have a specific question or require assistance with any other aspect of industrial waste recycling in Saudi Arabia.