59A7D41EB44EABC4F2C2B68D88211BF4 UAE INSIDER - BUSINESS | LAW | CAREERS | INVESTMENT: July 2023

Sunday, July 30, 2023

U.A.E Announced Penalties for The New Corporate Tax Rules from First of August

 The UAE Ministry of Finance has announced penalties for violations of the new corporate tax rules.

The penalties are as follows:

·         Failure to file a tax return: A penalty of AED 5,000 for the first offense, AED 10,000 for the second offense, and AED 20,000 for the third and subsequent offenses.

·         Late filing of a tax return: A penalty of AED 100 per day for each day that the return is late, up to a maximum of AED 50,000.

·         Failure to pay tax: A penalty of 10% of the unpaid tax, plus interest at a rate of 12% per annum.

·         Falsification of documents: A penalty of AED 50,000, plus imprisonment for a term of up to five years.

The penalties will be effective from August 1, 2023. Businesses in the UAE should be aware of these penalties and take steps to ensure that they are compliant with the new corporate tax rules.

The UAE introduced a new corporate tax law in December 2022, which will be enforced on June 1, 2023. The law sets a corporate tax rate of 9% on taxable profits of more than AED 375,000 (approximately US$100,000).

Here are some of the key features of the new corporate tax law:

A flat tax rate of 9% on taxable profits of more than AED 375,000.

A zero-tax rate on taxable profits of up to AED 375,000.

A territorial tax system, meaning that only profits arising in the UAE will be taxed.

Several exemptions and deductions, including for research and development, intellectual property, and foreign dividends.

A withholding tax of 0% on certain types of UAE-sourced income paid to non-residents.

Here are some tips for businesses to avoid corporate tax penalties:

Make sure that you are aware of the new corporate tax rules and regulations.

File your tax returns on time and accurately.

Pay your taxes on time.

Keep good records of your business transactions.

Get professional advice from a tax advisor if you are unsure about anything.

By following these tips, businesses can help to avoid corporate tax penalties and stay compliant with the law.

 

Saturday, July 22, 2023

The U.A.E Labor Law: Procedure to file a labour Case in the U.A.E

 When an employment relationship breaks down in the private sector, navigating the legal channels quickly and correctly is vital. The UAE’s dispute resolution process is designed to be highly accessible, but it follows a strict statutory hierarchy governed by Federal Decree-Law No. 33 of 2021 (as amended) and Federal Decree-Law No. 20 of 2023.

If you need to initiate a claim against an employer, the process must be executed according to the current legal framework.

Step 1: Verify Your Eligibility & Timelines

Before filing, you must ensure your dispute meets the mandatory threshold requirements set by the Ministry of Human Resources and Emiratisation (MoHRE):

  • Valid Work Permit: The claimant must be a private-sector employee holding a MoHRE-issued work permit (Mainland). Note: Free zone jurisdictions like DIFC and ADGM maintain independent judicial authorities.

  • The 2-Year Statute of Limitations: You must officially file the complaint within two years from the date the entitlement became due or from the formal termination of the employment relationship.

  • Exemptions from Court Fees: Workers are fully exempt from paying initial court fees for labor claims valued under AED 100,000. For claims exceeding this amount, a standard fee (typically 5% of the claim value) applies.

Step 2: Assemble Your Case Evidence

MoHRE and the courts operate on documentary proof. Gather clear digital copies of the following before launching your claim:

  1. The official, MoHRE-registered Fixed-Term Employment Contract.

  2. Proof of Income: Wage Protection System (WPS) statements, bank transaction records, or signed payslips.

  3. Written Correspondence: Termination letters, internal emails, or trackable messaging records (such as WhatsApp) that directly support your claims for unpaid dues, arbitrary dismissal, or contract breaches.

Step 3: File with MoHRE (The Two-Tiered System)

You cannot bypass the Ministry and go straight to court. Under Article 54 of the Labor Law, all individual labor disputes must be submitted to MoHRE first via their online portal, smart app, or by calling 80084.

The value of your claim now dictates the exact path your case will take:

1.MoHRE Conciliation Phase:Within 14 Days.

MoHRE schedules a mandatory mediation session between both parties to reach an amicable, out-of-court settlement. If both sides agree, a legally binding settlement agreement is signed.

2.Tier A: Final MoHRE Executive Judgment:Claims up to AED 50,000.

If mediation fails and your total claim value is AED 50,000 or less (or if an employer breaches a previously signed MoHRE settlement), MoHRE has the power to issue a final, binding decision. This carries the force of a court writ of execution. If either party disagrees, they must appeal directly to the Court of Appeal within 15 working days.

3.Tier B: Referral to the Labor Court:Claims exceeding AED 50,000.

If an amicable settlement cannot be reached and the claim value exceeds AED 50,000, MoHRE will officially close the mediation file and issue a formal Referral Memorandum. This clears the employee to file their lawsuit before the specialized UAE Labor Court.

💡 Key Takeaways for Litigating Parties

  • Salary Protection: If a dispute causes your employer to illegally stop paying you, MoHRE has the authority to order the employer to continue paying your regular salary for up to two months while the case is active.

  • Language of the Court: While MoHRE interfaces and mediation are accessible in multiple languages (English, Urdu, Hindi, etc.), all formal filings and proceedings before the UAE Labor Court must be conducted strictly in Arabic.

  • Whistleblower Protections: The law strictly prohibits retaliatory dismissal. Filing a legitimate complaint with MoHRE cannot be used as a ground for termination, and any such action is treated as arbitrary dismissal.

#UAELaborLaw #MoHRE #LaborDisputes #UAEBusiness





Thursday, July 20, 2023

Different Types of Visas you can apply legally in the U.A.E

The United Arab Emirates (UAE) continues to lead the region with a flexible, digital-first residency framework designed for everyone from tourists to top-tier investors. As of early 2026, several key updates have been implemented to make long-term stays even more accessible.

1. Tourist Visas (Visit Visas)

Ideal for short-term stays, leisure, or visiting family.

  • Validity: Available as 30-day or 60-day single or multiple-entry permits.
  • The 5-Year Multiple Entry: A popular choice for frequent visitors. It allows stays of 90 days at a time (extendable to 180 days total per year) and requires proof of a USD 4,000 bank balance.
  • Important 2026 Rule: There is no longer a grace period for tourist visas. Overstay fines of AED 50/day apply immediately starting the day after expiry.

2. Golden Visa (10-Year Long-Term Residency)

The crown jewel of UAE residency, now even more flexible for property owners.

  • Real Estate Investors: You can qualify with a property value of AED 2 million. As of 2026, you can apply even if the property is mortgaged or off-plan—the previous requirement to pay a specific amount (AED 1M) upfront has been removed.
  • Professionals: Highly skilled workers (Doctors, Engineers, IT specialists) with a monthly salary of AED 30,000 and an attested bachelor's degree.
  • Key Perk: Golden Visa holders can stay outside the UAE for any length of time without their residency becoming invalid.

3. Green Visa (5-Year Self-Sponsorship)

A bridge between standard work visas and the Golden Visa, designed for those who want independence from a single employer.

  • Skilled Employees: Requires a bachelor's degree and a minimum monthly salary of AED 15,000.
  • Freelancers: Must show an annual income of AED 360,000 for the last two years.
  • Benefit: Allows you to sponsor yourself and your first-degree relatives for 5 years.

4. The Blue Visa (New for 2026)

Introduced to support the UAE's sustainability goals, this is a 10-year residency specifically for "environmental champions."

  • Eligibility: Granted to individuals who have made exceptional contributions to environmental protection, sustainability, or climate action (researchers, activists, or leaders of environmental NGOs).

5. Standard Work Visa

The most common path for the majority of the workforce.

  • Validity: Usually issued for 2 years.
  • Process: Sponsored by a UAE-registered employer. The employer is legally responsible for all recruitment and visa costs.
  • Grace Period: After cancellation or expiry, residents typically have a 30 to 60-day grace period to either find a new job or leave the country.

6. Retirement Visa (Age 55+ )

A 5-year renewable visa for those looking to enjoy their golden years in the UAE.

  • Financial Requirements:
    • AED 1 million in savings (fixed deposit for 3 years) OR
    • AED 2 million in unmortgaged property OR
    • An active monthly income of AED 15,000 (Dubai) or AED 20,000 (Rest of UAE).

7. Student Visa

For those enrolled in accredited UAE universities.

  • Duration: Usually 1 year, renewable annually based on academic progress.
  • Note: Outstanding students with a high GPA may be eligible for a Golden Visa for themselves and their families.

Summary of Key Documents Required

While each visa has specific needs, almost all applications in 2026 require:

  1. Passport with at least 6 months' validity.
  2. Digital Health Insurance (now linked automatically to your EID via the ICP portal).
  3. Medical Fitness Certificate from a government-approved center.
  4. Emirates ID (biometrics required for new residents).

The Bottom Line: With the removal of many manual steps and the introduction of 5 and 10-year options, the UAE has made "living for the long term" easier than ever. Always ensure your documents are attested and your insurance is active to avoid delays in the digital system!

 

Tuesday, July 18, 2023

New India-U.A.E treaty is a testament to the growing economic and political importance of the relationship

 
The new treaty signed by India and the UAE on July 15, 2023 is significant for a number of reasons. First, it will allow India to settle trade in rupees instead of dollars, which could save the country billions of dollars in transaction costs. Second, the treaty will set up a real-time payment link between the two countries, which will make it easier and faster for people to send and receive money. Third, the treaty will foster greater economic cooperation between India and the UAE, which could lead to increased trade, investment, and job creation.

Here are some of the specific benefits of the new treaty:

Reduced transaction costs: By settling trade in rupees, India will no longer have to convert its currency into dollars, which can be a costly process. This could save the country billions of dollars each year.

Faster and easier cross-border payments: The real-time pay
ment link between India and the UAE will make it easier and faster for people to send and receive money. This will be especially beneficial for migrant workers who send money home to their families in India.

Increased economic cooperation: The new treaty is expected to foster greater economic cooperation between India and the UAE. This could lead to increased trade, investment, and job creation in both countries.

The new treaty is a significant step forward in the India-UAE relationship. It has the potential to boost trade and investment between the two countries, and it could also lead to increased economic cooperation in other areas. The treaty is a win-win for both countries, and it is a sign of the strong ties that exist between India and the UAE.

In addition to the economic benefits, the new treaty could also have political and strategic implications. The UAE is a key ally of the United States, and India is a rising power in the region. The new treaty could help to strengthen the relationship between India and the UAE, and it could also help to improve India's ties with the United States.

Overall, the new treaty between India and the UAE is a significant development with the potential to have a positive impact on both countries. It is a sign of the strong ties that exist between India and the UAE, and it is a testament to the growing economic and political importance of the relationship.


Saturday, July 15, 2023

The U.A.E labour contract- how to negotiate with the Employer

 Here are some tips on how to negotiate your Labour contract

Do your research. Before you start negotiating, it's important to understand your rights and entitlements under the UAE Labour Law. This will give you a good starting point for negotiations and help you to identify areas where you may be able to get more favorable terms.

Be prepared to walk away. If you're not happy with the terms of the contract, be prepared to walk away. This shows your employer that you're serious about getting a good deal and that you're not afraid to stand up for yourself.

Be professional and respectful. Even though you're negotiating, it's important to be professional and respectful at all times. This will help to create a positive atmosphere and make it more likely that you'll reach a mutually agreeable outcome.

Be clear about your expectations. When you're negotiating, be clear about what you're hoping to achieve. This will help to keep the negotiations on track and make it easier for you to reach an agreement.

Be willing to compromise. It's unlikely that you'll get everything you want in a negotiation. Be willing to compromise on some things in order to get what's most important to you.

Here are some specific areas that you may want to negotiate in your UAE labour contract:

Salary: This is probably the most important area to negotiate. Do some research to find out what other people in your position with your experience are earning. Then, use this information to negotiate a salary that is fair and competitive.

Benefits: In addition to salary, you may also want to negotiate other benefits, such as health insurance, housing allowance, and annual leave.

Working hours: The UAE Labour Law sets out a maximum working week of 48 hours. However, you may be able to negotiate a shorter working week or more flexible working hours.

Leave: The UAE Labour Law also sets out minimum entitlement to annual leave and sick leave. However, you may be able to negotiate more generous leave entitlements.

Termination terms: The UAE Labour Law sets out the procedures for terminating an employment contract. However, you may be able to negotiate more favorable termination terms, such as a longer notice period or a severance package.

It's important to remember that the UAE Labour Law is a complex piece of legislation. If you're not sure about your rights or entitlements, it's a good idea to consult with an employment lawyer. They can help you to understand your rights and negotiate a fair and equitable labour contract.


Saturday, July 8, 2023

Here are the steps on how to file a labour complaint in the UAE

 The biggest change is that MOHRE is no longer just a mediator.

The updated, legal reality of filing a labor complaint in the UAE functions under a streamlined framework:

1. The Threshold Rule (Under vs. Over AED 50,000)

A major update completely altered the process depending on how much money your claim is worth:

  • Claims up to AED 50,000: MOHRE does not send you to court if mediation fails. Instead, MOHRE has the legal authority to issue a final, binding decision (a writ of execution). This functions exactly like a court judgment. If either party disagrees, they must appeal to the Court of Appeal within 15 working days.

  • Claims over AED 50,000: If mediation fails here, MOHRE will issue a referral letter (NOC), and only then do you officially move the case to the Labour Court. You must register the court case within 14 days of getting that referral.

2. Updated Channels to File

While paper mail or generic in-person offices used to be common, MOHRE has heavily digitized the system. The official, fastest channels are:

  • Online Portal: The official e-services portal (mohre.gov.ae) using your UAE Pass.

  • MOHRE Mobile App: Available on iOS and Android for filing and real-time tracking.

  • Phone Center: The dedicated Labour Claims & Advisory Centre at 80084 (or general inquiries at 600590000).

  • In-Person: Through authorized Tasheel or Tawafuq service centers, where staff will formally format the claim for you.

3. Strict 1-Year Time Limit

It is vital to note that you have a strict statute of limitations of one year from the exact date the dispute arose (for instance, 14 days after your last working day for unpaid gratuity). If you wait longer than a year, MOHRE will not accept the claim.

4. Financial Protections for Workers

  • Zero Court Fees: If your case does escalate to the Labour Court and the claim value is under AED 100,000, employees are completely exempt from paying court fees at all stages of litigation.

  • Salary Continuation: In specific dispute scenarios, regulations allow MOHRE to require an employer to continue paying a worker's basic salary for up to two months while the dispute is being actively reviewed so the employee isn't left financially stranded.

⚠️ Crucial Tip: Never sign a "Full and Final Settlement" or cancellation paper presented by HR if you haven't actually received your money. Signing those documents waives your rights and makes it incredibly difficult for MOHRE to rule in your favor, even if you have bank statements proving you weren't paid.



Monday, July 3, 2023

The U.A.E Labor Law: What You Need to Know in 2023

 The UAE Labor Law was last updated in February 2022, and it introduced a number of new changes for both employers and employees. Some of the key changes include:

  • The introduction of fixed-term employment contracts: Under the new law, all employees in the private sector must be employed on fixed-term contracts, with a maximum duration of three years. This change was made in order to provide greater flexibility for both employers and employees, and to make it easier for employers to terminate contracts without having to pay severance.
  • An increase in the mandatory Emiratization quota: The new law also increases the mandatory Emiratization quota for private sector companies. From January 1, 2023, at least 2% of a company's workforce must be UAE nationals. This quota will increase by 2% each year, until it reaches 10% in 2026.
  • New provisions on harassment and bullying: The new law also includes new provisions on harassment and bullying in the workplace. These provisions make it clear that employers have a duty to protect their employees from harassment and bullying, and they also set out the steps that employers must take if they become aware of such incidents.
  • Changes to the leave and holiday entitlements: The new law also makes some changes to the leave and holiday entitlements of employees. For example, the maximum amount of annual leave that an employee can take has been increased from 30 to 35 days. These are just some of the key changes to the UAE Labour Law in 2023. If you are an employer or an employee in the UAE, it is important to familiarize yourself with these changes in order to ensure that you are complying with the law.In addition to the above, here are some other things you need to know about the UAE Labour Law in 2023:
  • The minimum wage: The minimum wage in the UAE is AED 3,000 per month for employees aged 18 and over. This applies to all employees in the private sector, regardless of their nationality or the type of work they do.
  • Overtime: Employees are entitled to overtime pay if they work more than eight hours per day or 48 hours per week. The overtime rate is 1.5 times the employee's regular hourly rate.
  • Termination of employment: An employer can terminate an employee's contract for a number of reasons, including redundancy, misconduct, or poor performance. However, the employer must give the employee written notice of termination, and the amount of notice required will depend on the employee's length of service.
  • End of service gratuity: When an employee's contract ends, they are entitled to an end of service gratuity. The amount of gratuity is calculated based on the employee's salary and length of service.
  • If you have any questions about the UAE Labour Law, you can contact the Ministry of Human Resources and Emiratisation (MoHRE). You can also find more information on the MoHRE website.

  

Saturday, July 1, 2023

The Top 10 UAE Labour Law Questions Answered

 Here are the top 10 UAE Labour Law questions answered:

   1) Does the New UAE Labour Law impact the UAE working day?
Yes, the new law reduces the maximum working hours per week from 48 to 45. The standard working day is 8 hours, with a one-hour break for lunch. Employees are also entitled to a weekly rest day of at least 24 consecutive hours.

  2)  How many days of maternity leave am I entitled to?
Employees are entitled to 45 days of paid maternity leave, of which 15 days must be taken before the expected date of delivery and the remaining 30 days after the delivery.
   3) Is there a maximum duration of my employment contract?
Yes, the maximum duration of an employment contract is 3 years. After 3 years, the contract must be renewed on a rolling basis.
  4)  How many days of sick leave am I entitled to per year?
Employees are entitled to a total of 90 days of paid sick leave per year. Of these 90 days, 15 will be paid at full salary, 30 at half salary and 45 will be without compensation.
  5) What are the notice periods for termination of employment?
The notice period for termination of employment depends on the length of service of the employee. For employees with less than 2 years of service, the notice period is 1 month. For employees with more than 2 years of service, the notice period is 2 months. 
 6) What are the severance pay entitlements for termination of employment?
Employees are entitled to severance pay if they are terminated by their employer without just cause. The amount of severance pay depends on the length of service of the employee. For employees with less than 2 years of service, the severance pay is equal to 15 days' salary for each completed year of service. For employees with more than 2 years of service, the severance pay is equal to 30 days' salary for each completed year of service.
  7) What are the employee rights in the event of redundancy?
Employees who are made redundant are entitled to severance pay and other benefits, such as outplacement assistance. The amount of severance pay and other benefits depends on the length of service of the employee and the terms of their employment contract.
   8) What are the anti-discrimination provisions in the UAE Labour Law?
The UAE Labour Law prohibits discrimination in employment on the basis of gender, race, color, sex, religion, national or social origin or disability.
  9) What are the occupational health and safety (OHS) requirements in the UAE Labour Law?
Employers are responsible for ensuring the safety and health of their employees. They must provide a safe working environment and take all necessary measures to prevent accidents and injuries.
  10) What are the dispute resolution mechanisms in the UAE Labour Law?
Employees who have a dispute with their employer can file a complaint with the Ministry of Labour. They can also take their case to the Labour Court.
These are just some of the top 10 UAE Labour Law questions answered. For more information, you can visit the website of the Ministry of Labour or consult with an employment lawyer.