As of today, December 12, 2023, Article 54 of the Labour Law (Federal Decree-Law 20 of 2023) hasn't come into effect yet. The amended provisions only take effect on January 1, 2024. However, I can give you a summary of the key changes it introduces:
Enhanced settlement facilitation: While
encouraging amicable settlements remains a critical step, MOHRE now has more
authority to intervene and guide parties toward solutions.
MOHRE
gains the power to issue final judgments on employment disputes under certain
conditions. This applies to cases where the claim value is below AED 50,000 or
if parties reject an amicable settlement, regardless of claim value.
Previously, all disputes went to court.
MOHRE
is still responsible for attempting amicable settlements before issuing a final
judgment.
Execution of decisions Final judgment authority: MOHRE decisions can be directly enforced, similar to court
judgments, offering faster resolution and streamlined enforcement. It's
certainly a significant shift in the landscape of employment dispute resolution
in the UAE, with potential benefits for both employers and employees. By
streamlining the process and empowering MOHRE, the aim is to create a more
efficient and accessible system for resolving workplace issues.
Other key points: The
existing provisions on submitting an initial request to MOHRE and pursuing an
amicable settlement remain largely unchanged. This change aims to expedite
resolutions and reduce the strain on the court system.
Appeal rights to higher courts still exist for dissatisfied
parties. It's worth noting that legal interpretations and procedures may
evolve, so seeking professional advice from qualified lawyers specializing in
UAE labor law is always recommended for specific cases.
While
the major changes in UAE Labour Law took place in February 2022, there are a
few key updates and developments expected in 2024:
Increased quotas for larger companies: The existing
quotas for companies with 50 or more employees will continue to increase,
reaching 6% by the end of 2024, 8% in 2025, and 10% in 2026.
Fines for non-compliance: Companies failing to meet their
Emiratisation quotas will face fines of AED 96,000 for the year 2024 and AED
108,000 for 2025.
Other potential changes:
Regulations on remote work: The Ministry
of Human Resources and Emiratisation (MoHRE) is expected to finalize
regulations on remote work in 2024, outlining requirements for employers and
employees.
Changes to probation periods: The MoHRE may
review and potentially adjust the current probation period of six months for
new employees.
Social security contributions: The government
may consider adjusting the social security contribution rates for employers and
employees.
Important note: These are potential changes and may not be confirmed until official announcements from the MoHRE. It's always advisable to stay updated with the latest news and regulations from reliable sources like the MoHRE website or legal professionals specializing in UAE labor law.
No comments:
Post a Comment