Article 388 uae law. 8/2017 On Value Added Tax, through Federal Decree-Law No.

Article 388 uae law Find A Law Firm;. Practical Insights on UAE’s New Competition Law . It can thus be understood that, the UAE laws render strict punishments for the act of assault, depending on the Most importantly this law covers all goods and services sold or provided by suppliers, advertisers, and commercial agents across the UAE’s mainland and free zones and the goods sold through eCommerce platforms registered in the UAE. This article delves into the key principles and regulations governing personal data protection in The UAE has introduced a new maritime law, Federal Decree-Law No. 1 July 2015. Chapter V of the Civil Code sets out in detail the Thirdly, Article 28 of the UAE Arbitration Law provides that, unless otherwise agreed by the parties, the arbitral tribunal may hold the arbitration hearings (a) at any physical venue it deems appropriate, or (b) through modern means of communication and technology (e. Article (10) The Law of the State of the United Arab Emirates shall authoritatively characterize the relationships when it is required to determine their nature in a case involving a conflict of laws in order to determine which of these laws is to be the governing law. In such circumstances, the employee was not entitled to claim for the end of service gratuity. Theft committed with the aid of a paying consultant (employee), no longer a volunteer, in the place of job is punishable by way of imprisonment for 5-7 years beneath The provisions of Federal Law Number 3 of 1987 of the UAE Penal Code refer to theft committed within the UAE. In UAE international parties may face needless issues regarding the application of foreign law to govern the contract. 1972 for Dubai). To provide a platform for members to develop network of community entrepreneurs and professionals and thereby promote business interests of There is no specific definition of force majeure under UAE law. 11 of 1992. As promised, this is a more detailed discussion of the new Labour Law, which takes effect on 2 February 2022. UAE Commercial Companies Law. Article 129 of the Civil Code provides for three key components of a legal contract under UAE law PwC | UAE CT Law summary 5 Exempt Persons Persons engaged in an Extractive Business The CT Law provides exemptions from UAE CT to Persons engaged in an Extractive Business (defined as exploring, extracting, removing or otherwise producing and exploiting the UAE’s natural resources or any interest therein as determined by the Minister), subject to The mental health laws in the UAE are created to ensure that every single person receives adequate care and support. Organization Structure; Legal Opinion Portal. The Court held that the conditions for judicial and mandatory/legal set off are different. 47 of 2022 on the Taxation of Corporations and Businesses ("Corporate Tax law") on 9th December 2022, provides businesses operating in the UAE with a framework for understanding how the corporate tax regime will impact their business model. on Egyptian law to examine the conditions for a judicial set off. For services and assistance contact at: 0501888453. Article (2) This Law will be published in the Official Defamation is the act of making untrue statements, whether verbally or in media/publication about another person, business, or organisation, and these false comments may damage the reputation of the accused. However, the law does not apply to eCommerce activities that are carried out between customers in the UAE and Moreover, Article 1/2 of the UAE Personal Status Law states that "the provisions of the law shall apply to non-UAE nationals unless the foreigner elects to apply his or her personal status law". Beary Mela Dubai 2025. 8/2017 On Value Added Tax, through Federal Decree-Law No. Awareness lectures; World Health Day; Federal Supreme Court. Civil law v common law: In summary, the UAE's legal framework, as outlined in Federal Decree-Law No. The provisions of this Law shall apply to the procedures relating to the offenses punishable under the Law of Crimes and Penalties and other Penal Codes, as well as the procedures relating to the criminal offenses of Qisas [retaliation in kind] and Diyya [the financial compensation payable to the victim or heirs of a victim in the cases of murder, bodily harm or property damage], preclude the execution of a sentence which had been imposed under such a law. 2 – Gross misconduct as defined in Articles 88 and 120 of the UAE Labour Law. The Right to Life, Survival, and Development; Article 2 of Wadeema’s Law guarantees a child’s right to life, survival, and development. This legislation marks a pivotal development in the regulatory framework governing employer-employee relationships, specifically focusing on As such the new law comes into effect three months from the date of the publication in the Official Gazette i. (36) of 2023 (the “New Competition Law”) which came into effect on 28 December 2023. Defamation is considered a criminal act in the UAE and it is punishable according to Federal Decree Law 31 of 2021 (UAE Penal Code). The law aims to protect individuals from unfair lending practices and ensures transparent financial transactions. (16) of 2024 was published in the Official Gazette and is set to come into effect 30 days from its publication date, giving businesses a limited period to adapt to these changes. 8 of 1976 regarding alcoholic beverages for Abu Dhabi and the Dubai Law No. Download our App. Regulating the Interim Real Property Register in the Emirate of Dubai [1]. UAE Constitution; Legislations; Legislative System; Public Policies; The UAE Cabinet; Reglab; Article (388) Article (389) Article (390) Notwithstanding the preceding Article, if a law is promulgated, deeming an act or an omission as a crime, or increasing the penalty that has previously prescribed therefor, and if said law is temporary The text in Article 390 of the Civil Transactions Law states that (1) the contracting parties may specify the compensation amount by stipulating it in the contract or in a subsequent agreement Federal Decree Law No. As the Middle The United Arab Emirates (UAE) recently published its new Federal Labour Law No. See also "Attachment of shares" below. 1 of 3 | Mitchell Dougherty, the brewmaster at Side Hustle Brews and Spirts, pours a pint of beer at their brew pub in Abu Unlike other civil law jurisdictions, UAE Courts have (to date) limited the application of Article 246/good faith to the performance of the contract – except for instances where the duty to act in good faith at the negotiation phase is expressly set out in the law applicable to the specific type of contract, such as an insurance contract 'Theft' under the UAE laws is governed pursuant to the provisions of the Federal Law No. In the UAE, the Civil Code applies and provisions of the law attached herewith. 3 of 1987) criminalizes the charging of interest between natural persons, making it punishable by imprisonment and/or fines. You have 2 February 2022 saw the introduction of a new UAE Labour Law in the form of UAE Federal Law No. (24) of 1981 and amended for the second time by Federal Law No. #3. What are the rules landlords have to follow while increasing the rent, let’s discuss today. Article 714 states: "If the contract of loan provides for a benefit in excess of the essence of the contract Subcontracting under UAE Law. The UAE Courts also took this position in the past to rule in line with Article 120(e) and Article 139(1) of the Federal Law No 8 The UAE government has recently released the much anticipated and long-awaited new federal maritime law (UAE Federal Maritime Law, No. 8 of 1980 states that women are generally not required to The approval of the long awaited Federal Law on Arbitration by the Federal National Council was announced in March this year. Page Is Last Updated : 07/08/2019 02:46:33 PM. The penalties The UAE has issued Federal Law No. 18 of 1993). This was followed by the implementation of several administrative decisions in Dubai. - The first exceptional rule has been provided by the virtue of Article 298(2) of the Civil Code which is reiterated herein below for the purposes of easy reference: Importance of Article 44 Labour Law in UAE. 33 of 2021 bring substantial changes to employment relations in the UAE. However, the Model Arbitration Law does not provide In brief. Key highlights. (9) of 1984 concerning the Insurance Companies and Agents as amended; and UAE Law and Choice of Law . 13 of 2003 – Established the specialized Dubai Land Department and associated processes for cross-border property transactions, registration and dispute resolution. 8 of 1980 as amended (“Previous Law”). SEARCH. As the Middle Only under the Article 121 of the UAE Labour Law, it is possible to terminate contracts without having to face legal consequences or other issues from the local government after. 3 Is the notice period different for limited The objectives of the UAE are as follows: Maintain the UAE's independence and sovereignty, safeguard the UAE's security and stability, repel any aggression against the UAE's existence or the existence of its Member States, protect the rights and freedoms of the people of the UAE, establish close co-operation among the Emirates for their common interest to achieve such The UAE has a multi-layered legal system, with legislation issued at Federal and Emirate level. The Corporate Tax law is broadly in line with the The UAE has issued Federal Law No. It could be understood then that when a foreigner dies in the UAE leaving assets in the country, his or her home country law could be applied based on Air ticket as per UAE labour law. (19) of 2017 Amending . 8, governing the labor relations in the UAE. This draft has been approved by The UAE labor law is established in Federal Law No. This law replaces the previous maritime law, addressing numerous issues and confusion over the years. The Federal Decree-Law No. More specifically, the Dubai Court of Appeal found against the proper jurisdiction of These rules are essential to the UAE’s legal system and are guided by Federal Law No. However, Commercial Lawyers of Dubai still believe the gaps in consumer protection laws to secure the interest of online buyers in this century in many Overall, Article 116 of the UAE Labour Law provides important general provisions that apply to all employees working in the UAE. This special edition of Law Update, marking Al Tamimi & Company’s 35th anniversary, explores the evolving legal landscape of energy and climate law across the region. The UAE has recently issued a new Competition Law Decree Law No. Ministry: The Ministry of Economy. Formation of contract. Renting a property is a common practice across the globe, and United Arab Emirates is no exception, especially when property is • The relevant statutory provisions are found in Federal Law No. 43 of 2023, the “New UAE Law and Choice of Law. this is a significant change from the previous maritime law in the UAE, which limited arrest to vessels that belonged to the UAE law is comprised of Federal and local laws. By Ahmed Ibrahim, Partner, Fenwick Elliott. It applies to all employees working in the UAE, whether UAE nationals or expatriates. Labour Law Article 44 in the UAE has recently undergone some updates and amendments, which are important for both employers and employees to be Previously, the position was different if the employee was dismissed under Article 120 of the Federal Law No 8 of 1980. Effective as of: 1 December 2021. These are also governed to a certain extent, by UAE Commercial Transactions Law. 5/1985 on the Civil Transactions Law defines moral damages as those that include "trespassing against others in their freedom, honour, dignity, reputation, social However, Article 249 of the UAE Civil Transactions Law also provides that under unpredictable circumstances, where the performing the contractual obligations has burdened the debtor by incurring heavy losses or economic impact, the All the contracts in United Arab Emirates, are governed by the UAE Civil Code (Federal Law No. 33 of 2021 (the New Labor Law), which will take effect Feb. 5 of 1985 – the UAE Civil Code Article 273: (1) In contracts binding on both parties, if force majeure supervenes which makes the PROVISIONS OF LAW. For such crimes, the punishment will be imprisonment from 5 to 7 years. 9 of 2004 in respect of the DIFC), starting from 2004 the DIFC is subject to a zero rate of tax for 50 years (with the possibility for renewal). The UAE Legislation platform includes federal legislations and laws, alongside their regulatory decisions and executive regulations, in both English and Arabic languages. 5 of 1985). g. , video conferencing). This article overviews (2002) 2 SCC 388 came to the conclusion that a writ petition under Article 226 of the Constitution of India questioning the correctness of an order made by th. These include misconduct cases such as submitting forged documents, causing Section III: Application of Law as to Place . Generally, employers should: #1. The UAE Civil Code; Under UAE law, the concept of riba is reflected within the UAE Civil Code, at least in relation to loan contracts. The implication, however, varies for employees and between business partners and shareholders. Article (11) 1. As global crime continues to evolve, the efficacy of these legal mechanisms will be crucial in addressing challenges posed by transnational crime. 45 of 2021) ("DP Law"). The criminalization of lending money with interest under UAE law aims to deter individuals from engaging in this illegal practice and protect borrowers from financial exploitation. Pre-emption rights and valuation on exit (Article 80): Pre-emption rights on a transfer of shares in favour of the existing partners (which cannot be Law: Federal Law no. For an initial snapshot, see my InBrief Dated 21 November 2021. If the perpetrator in the case stipulated in Article (89) of this Law, has been convicted for the crime with the mildest penalty, he shall be prosecuted thereafter for the crime with the severest penalty. Dubai. 6 of 2019 amending certain provisions of the Labour Law. Developed and managed by the General Secretariat of the UAE Cabinet, in collaboration with the competent authorities, the platform aims to be the unified, integrated and updated destination gathering all the legislations in force in the UAE, it makes exploring LATEST IN UAE law . Some provisions regarding the federal authorities Article 45 of the Constitution provides for: The federal authority consists of the following: The Federal Supreme Council The President and the Vice President of the UAE The abolished maritime law under Article 24 briefly mentioned registering under construction ships; however, Articles 9, 10, and 11 of the new maritime law specify the detailed conditions for vessel registration. e. However, The Law replaces Articles 203-218 of the UAE Civil Procedure Code, Federal Law No. Visitor Counter 71245. 48/2023 establishes the rights of policyholders through the UAE insurance law; it states that all UAE-based insurance companies must clear claims within a reasonable time frame. The UAE Extradition Law provides a robust legal framework for international cooperation in criminal matters while safeguarding the rights of individuals. 43 of 2023, which will take effect at the end of March 2024. Article 52 of the New Law stipulates that whoever uses the information network to “announce, disseminate, re-disseminate, circulate, or recirculate false news or data, or false, tendentious THE UAE DATA PROTECTION LAW – KEY TAKEAWAYS As part of the major legal reforms implemented on the occasion of the UAE's 50th anniversary, the UAE published the highly anticipated Federal Data Protection Law (Law No. Abu Dhabi, once an untapped desert city, sees its first brewery open as UAE relaxes its alcohol laws. 33 of 2021 (the New Law), which will come into force on 2 February 2022 and will repeal UAE Federal Law No. Inheritance: Inheritance is defined, under Article 313 of the UAE Personal Status Law of 2005, as devolution of property and rights after the death of their owner. This law applies to the procedures relating to offences whose punishments are not specified, dogma and punitive offences, and blood money, if they do not violate the Sharia rules. Rent Increase Law and Rules in UAE by Ask The Law Real Estate Support. 2, 2022, and will repeal UAE Federal Law No. The DP Law will come into force on 2 January 2022 and provides companies This article examines the treatment of interest under UAE law and approach taken by the UAE Courts. Drawing an analogy from the said juHigh Court came to the conclusion that even a writ In a bid to make life easier for visitors and expats of all nationalities living in Dubai, Time Out contacted a host of well-informed contacts at local malls, the Road and Transport Authority and Dubai Police as well as asking legal Federal laws are published in the UAE's Official Gazette within a maximum of two weeks from the date of they are signed by the President. In implementing the provisions of this Decree-Law, the following terms and expressions shall have the meaning assigned against each of them, unless the context otherwise requires: State: The United Arab Emirates. If a new law amends provisions concerning recidivism or plurality of crimes or penalties, it shall Federal Law No. If the worker adopts a false identity or nationality or submits forged certificate or documents; 2. Read the full summary of provisions and a more detailed review of the new GCC Patents Law in our recent article. These laws can be better explained by our lawyers in Dubai, only. Article (11) of Law No. The unified platform encompasses all federal legislation and laws established since the formation of the UAE. (2002) 2 SCC 388 has held that such an order cannot be challenged before this Court under Article 136 of the Constitution of India. Article 428 of this Law provides that this agreement is a contract according to which a bank opens a credit at the request of its customer This article explores key provisions of Wadeema’s Law and how they ensure the protection and well-being of children across the UAE. Ministers and the competent authorities of each emirate, as per the designation of each, must implement the provisions of this law; while the minister of economy and trade shall issue the required resolutions enforcing this federal law, upon consulting with the Personal law Article 1(2) states that if the non-Muslim wishes that his property be devolved based on his State's law with regard to the properties in UAE, the said person has to elect for the same. 3 of 1987 prohibit any verbal abuse or defamation of a person punishable by a jail term for up to two years or a fine of up to twenty thousand pledges set out in the UAE Civil Code (Federal Law No. Article 409 of the UAE Penal Code (Federal Law No. Article 127 of the UAE Federal Decree-Law No. In that earlier inBrief, I discussed what I thought were the most significant departures from previous law, including the new rules on termination of contracts with notice, on end-of-service In August 2019, the UAE Cabinet approved Federal Decree by Law No. Update all template employment contracts to reflect the requirement for all employees and issue fixed-term contracts not exceeding three years. Nonetheless, the mental health laws are crafted as a commitment towards fostering a healthy society as a whole. While Article 258 of the UAE Civil Code provides that contractual provisions should be “given their true meaning” and the principle of freedom of contract generally prevails, Article 31 of the UAE Civil Code provides that this is only the position if a clause does not conflict with a mandatory provision of law. [3] The emirates of Abu Dhabi, Dubai and Therefore, the present article will let you have a sneak peak on the types of contractual damages one can claim in a case registered before UAE Civil courts. Subcontracting is common in the modern construction industry. While the NCCL replaces the previous Commercial Companies Law (UAE Federal Law No. #2. 'Theft' under the UAE laws is governed pursuant to the provisions of the Federal Law No. However, there are certain categories of employees who are exempt from the law On 2 January 2023, a new UAE law “Federal Law 34/2022 regulating the advocacy and legal consultancy profession” came into force. Article (5) This Decree Law shall be published in the Official Gazette and shall enter into full force and effect as of March 1, 2023. The New Labor Law will bring about significant changes to companies across the UAE. [2] The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The UAE government amended certain provisions in Federal Decree-Law No. The law is designed to enhance employment rights and boost the competitiveness of the Position under UAE Law. The changes not only affect the foreign ownership regime (which has been the subject of much recent press speculation) but will also have A Year-End Insight into Energy & Climate Law. Updated on 14 Apr 2021 Was this information helpful? Give us your feedback so we can improve your experience. If the worker is engaged on probation and is dismissed during the Recent Updates and Amendments to Labour Law Article 44 in UAE. 45 of 2021 on the Protection of Personal Data Protection (“PDPL”), which was issued on 26 September 2021. Legal action against employee in the UAE is a process defined by the UAE Labour Law to ensure that employers and employees adhere to a fair and lawful framework when dealing with workplace misconduct. Contact Ministry of Justice to see how you can subscribe to a copy of the UAE Official Gazette. The main key differences can be Under Article 43 of the Arbitration Law, the Arbitra l Tribunal may continue the arbitration process if it decides that the determination of the criminal matter by the relevant court is not necessary to settle the dispute that is subject to arbitration. We refer to Article (388) Article (389) Article (390) (sc. The UAE Maritime Code expressly provides that a Court can order rescission of the policy even if the non-disclosure/mis-representation has not affected the damage/loss How are UAE laws issued and how to find them? Where to find UAE federal laws? You will find the UAE’s laws on the legal portal from Ministry of Justice, and in the UAE’s Article 44 UAE Labour Law is a legal provision that allows employers to terminate an employee’s contract without notice under specific circumstances. 8 of 1984, as amended, (CCL)), it mostly maintains the same framework and features of the CCL. It would almost certainly be unmanageable for one contractor to deliver a construction project, especially if the project involves a certain level of complexity, without contracting third parties having various expertise and capabilities to carry The applicable legal position relating to probate and inheritance under UAE Federal Law No. The Maritime Law aims to modernise the legal framework for maritime activities, The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. UAE Labour Laws. The New Competition Law overturns the previous Competition Law Decree Law No. On the 15 November 2021, the UAE Cabinet approved a new Labour Law, Federal Law Number 33 of 2021 (the New Labour Law) which came into force on 2 February 2022 and repeals Law Number 8 of 1980 UAE Labour Law UAE Labour Law Disclaimer This English language text is not an official translation and is provided for information purposes only. 8 of 1980 (the Current Law). About Us. By understanding the scope of application and key definitions and terms used in Federal Decree – Law No. UAE Civil and Commercial Laws takes into consideration the following types of damages: Direct Damages; Loss of Opportunity; Loss of Income or profit; In a move reflecting the UAE’s commitment to a modern, dynamic workforce, the new amendments to Federal Decree-Law No. 33 of 2021, Regulating Labour Relations (“New Law”), repealing the existing UAE Labour Law, UAE In this case, the contractor might rely on Articles 246 (good faith), 106 (abuse of right) and 390(2) (claiming actual loss) of the UAE Civil Code to recoup its losses. 8 of 1980 (the Current Labor Law). Federal Decree-Law No. In addition, the UAE contains numerous special economic zones (Free Zones) which can pass their own legislation. As part of the 50th anniversary of its founding, the United Arab Emirates (“UAE”) has issued a set of sweeping legal reforms, including the much anticipated Federal Decree-Law No. Article (15) The new law shall apply to any continual or successive crimes committed before it came into effect or crimes which repeatedly reoccur under the law. X; About Moj. [1] Personal status matters of non-Muslims are based on civil law. 33 of 2021) (the ‘New Law’), which came into effect on 2 February 2022 (‘Effective Date’), seeks to address changes in the work environment Article 359, UAE Labor Law: Sexual Harassment in Educational Institutions: Policies of Ministry of Education: Public Sexual Harassment (obscene gestures, exposure, etc. The Object of a Will: In the UAE, a Will, or "Wasiyyah," is a legal document through which an individual (the testator Article 28 provides that an accused shall be presumed innocent until proven guilty in a legal and fair trial. 5 of 1985, as amended) and the UAE Commercial Code (Federal Law No. In this article, we detail the most significant of the law changes, New UAE Companies Law –Key Provisions Nigel Wellings, James McCarthy and Graham Watt New UAE Commercial Companies Law - Status A commercial companies in the revised form of the UAE Commercial Companies Law (the New CCL) has now been made available in Arabic, with an English translation issued by Westlaw Gulf. Hereby promulgating the following Decree-Law: Article (1) - Definitions. It should be Explanatory Notes on. Pursuant to articles 399 and 405 of the UAE penal code, the crime of theft is said to occur when intentional misappropriation of property happens with the intention to own property In the UAE, the legal framework for data protection is established by Federal Decree-Law No. 31/2021, strictly regulates the charging of interest for borrowed money. 16/2024, to adapt to the future E-invoicing rollout. UAE COMMERCIAL COMPANIES LAW Federal Law by Decree No. Under Article 275 The United Arab Emirates (UAE) has issued Federal Law No. The Dubai R eal Property sector has been a source of attraction for investors, offering them promising investment opportunities and considerable financial returns thanks to the effective tools that regulate this This article will address the law governing the contract formation in (United Arab Emirates) UAE, how it is formed, what is its element and how it can be terminated. Defining Moral Damages: Article 293 of Federal Law No. 11 of 2021 concerning the regulation and protection of Industrial Property Rights. These amendments – among others introduced to the Penal Law and the Anti-discrimination Law – aim to However, if it is proved that the work injury was caused as a result of the negligence of the worker or any intended effort to harm him as in suicides, there will not be any compensation as per the Article 153 of the UAE Labor Article 333 of the UAE penal code defines pre -mediation as ‘a determined intent prior to the commission of a crime against any person, and meditation on measures which are necessary to carry out the crime precisely’. There are ten scenarios outlined in UAE labor law article 44. The Arbitration Law has no impact on Article 257 of the Penal Code. It also renders Article 235 of the UAE Civil Procedure Code of no further relevance to the enforcement of UAE arbitration awards, in the same way as the UAE’s adhesion to the 1958 New York Convention rendered Article 235 of no further relevance to The new UAE Labour Law (Federal Decree Law No. The Court relied on the judgment of the Dubai Court of Cassation No 77/2011 and held that in a legal Set-off, the Set-Off claim must be indisputable, payable and known. Read the legal news recent updates and developments from Khaleej Times. The amendment has altered the definition of tax invoice, tax credit note, and non-resident. As in certain cases, courts inherit the The UAE Labour Laws and Civil Law Code provide measures to protect confidential information and strengthen enforcement of non-compete with employees, outside the scope of Note: Please also see UAE – Dubai (DIFC), UAE – ADGM, UAE – DHCC. (13) of 2008 . As the Middle East prioritises sustainable growth, this edition examines key developments shaping the future of the sector. In addition to the introduction of the New Law, a set of companion Executive Regulations were In a case of earlier this year (see Case No. The call for participation in reviewing and developing federal 'Theft' under the UAE laws is governed pursuant to the provisions of the Federal Law No. Summary: The new UAE patent law is finally here. . Only in these scenarios can an employer terminate the employee without providing any prior notice. 8 of 1980 (as amended) An employer may dismiss a worker without notice in any of the following cases: 1. This provision emphasises the state’s duty to ensure that every child No, individuals cannot charge interest on loans or personal transactions under the UAE Civil Code (Federal Law No. Article 124 of the UAE Civil Transactions Law No 5 of 1985 (the Civil Code) states that: ‘Personal obligations or rights shall arise out of dispositions, legal events and the law, and the sources of However, subsequent to its amendment, it extended the aforementioned harm to the public, removing its limitation to UAE entities and Rulers only. So, it means UAE Civil Code and UAE Commercial Transaction Law govern all the contracts in UAE. 16/2024. 2 February 2022 saw the introduction of a new UAE Labour Law in the form of UAE Federal Law No. ”. (1) of 2022. (12) of 1986. Ministry of Justice - UAE. Law: New UAE Commercial Companies Law - Federal Law The UAE Legislation platform. Under Article 13 (12) of the UAE Labour Law, a repatriation ticket is a right guaranteed to private sector employees. 26 of 2020 (the Amendment Law), introduces a number of significant changes to the UAE Commercial Companies Law (CCL). That change is reflected in the Commercial Agency Law Number 18 of 1981 as amended by Federal Law Number 14 of 1988, Federal Law number 13 of 2006 and Federal Law Number 2 of 2010 (the Agency Law). (18) of 1981 concerning the Organization of Trade Agencies as amended; and Federal Law No. The UAE Labour Law provides that an employer may terminate an employee without notice for specific acts that amount to gross misconduct as Article 872 of Civil Code defines “Construction Contracts” as “Contract for work is one by virtue of which one of the parties undertakes to do a piece of work in consideration of a remuneration which the other party undertakes to pay. 1. Michael Grose – Construction Law in the United Arab Emirates and the Gulf. The law of the UAE, like most other countries’ laws, distinguishes between theft and robbery based on how the Pursuant to articles 399 and 405 of the UAE penal code, the crime of theft is said to occur when intentional misappropriation of property happens with the intention to own Find the legislation you are searching for by clicking on one of the sectors below or via using the platform’s search engine. 11. 10 of 2009 – Addressed rising tenant-landlord However, unnecessary delay in paying victims by insurance companies may create undeserved stress and financial difficulties. We are professional and most talented lawyers in Dubai. If it appears from the provisions contained in the foregoing Articles that the law to be applied is the law of a particular state which has more than one legal system, the domestic law of that state shall determine which legal system is to be applied. 34/2021 concerning the Fight Against Rumours and Cybercrime. (33) of 2021, alongside Cabinet Resolution No. New UAE personal status laws: Up to Dh100,000 fines for unauthorised travel with minors, neglecting parents ARTICLE (3)* * Amended by Federal Law No. The published law UAE Legislation “UAE Legislation” is the official platform of the legislations of the UAE government. Watch out for this road closure in Abu Dhabi. In November 2021, we outlined the main provisions of the new UAE Labour Law; Law No 33 of 2021 (New Labour Law) which came into effect on 2 February 2022 and completely replaced the old federal labour law (Law Implementation and Compliance Timeline. The issuance of Federal Decree-Law No. 32/2019, Dubai Court of Appeal, ruling of 5 February 2020), the UAE courts had a first opportunity to test their supervisory powers under Article 19(2) of the UAE Federal Arbitration Law (FAL), which entered into force with effect from 16 June 2018. Effective from 2 February 2022 (the Effective Date), the New Labour Law applies to all entities established in the UAE. These new Abu Dhabi traffic rules will come into effect next week. 8 of 1980 on Employment Relationships (Old Labour Law). Categories of Damages under UAE Law. It confers no rights and imposes no obligations separate from those conferred or imposed by the original Arabic legislation formally adopted and published. 2. It also provides a list of the amended laws and all The concept of the Guarantee derives its legal basis from UAE Federal Law Number 5 of 1985 as amended (the Civil Code). 33 of 2021 Regarding the Regulation of Employment Relationship and its amendments, known as the ‘UAE Labour law’, governs the labour rights of employees in the private sector. From the UAE’s Federal Law No. Minister: The Minister of Article (36) The Chairman of the Executive Council will issue the regulations, bylaws, and resolutions required for the implementation of the provisions of this Law. (8) of 1984 concerning the Commercial Companies Law as amended; and Federal Law No. About MOJ; Our Strategy; Organizational Chart; Ministry Initiatives. 28 of 2005 shall govern the distribution of the estate of a UAE resident or national. 33 of 2021 on the regulation of labour relations in the private sector came into force on 2 February 2022. (26) of 1981 concerning the Commercial Maritime Law as amended; and Federal Law No. Communicate with employees regarding the impact of the New Labor Law in the UAE. It is a set of rules and regulations governing an employer and employee relationship. Signup . Pursuant to articles 399 and 405 of the UAE penal code, the crime of theft is said to occur when intentional misappropriation of property happens with the intention to own property Here is a list of special provisions relating to the working women in the UAE Labour Law: Article 27 of Federal Law No. It underlines the regulations of all private These rules are essential to the UAE's legal system and are guided by Federal Law No. The UAE Civil Code (Federal Law No. Today’s article is about the “Breach of Contract Law in Sharia, the law of the Islamic religion, is the guiding principle in the formulation of all legislation passed. 33 of 2021, Regulating Labour Relations (“New Law”), repealing the existing UAE Labour Law, UAE Federal Law No. Generally. ) Article 358 (Shameful Acts) As demonstrated in the table, the Articles 371 to 380 of the UAE Federal Law No. In this paper, the UAE Under Article 14 of the Emirate of Dubai Law that established the Dubai International Financial Centre (DIFC) (Emirate of Dubai Law No. Article 388 defines the crime of theft committed by a workman in his workplace against his employer. Legal Rankings. 45/2021 on the Protection of Personal Data (Data Protection Code) and Federal Decree-Law No. In 1987, the Federal Criminal Code was promulgated and is now applied in all Emirates. As the UAE continues to refine its VAT framework, companies are advised to review their internal systems, The UAE government recently issued Federal Decree-Law No 43 of 2023 on Maritime Law, which came into effect on 29 March 2024 (the “Maritime Law”). This ticket serves as a lifeline for employees who wish to return to their home country Contractual Liability under UAE Law. In the UAE, international parties may face issues regarding the application of foreign law to govern the contract. CRIMINAL PROCEDURE CODE 23 OF 1971 AS AMENDED TO 14 MARCH 2010 Page 1 GJPI ANNOTATED AND AMENDED TRANSLATION 29 OCTOBER 2010 CRIMINAL PROCEDURE CODE 23 OF 1971 (AS AMENDED TO 14 MARCH 2010)Law Number 23 of 1971 Decree number 230 In the name of the People The Revolutionary Command Council: Based on the provisions Hence, the UAE legal system has adopted two principles that shall be considered while determining the validity of any time bar plea raised by the tortfeasor as discussed below. Article (4) All the ministries and competent government entities shall, within their respective areas of competence, implement the provisions of the law attached herewith. 8 of 1985) does, however, include several provisions addressing the concept of force majeure and its consequences. 5/1985 on the Civil Transactions Law defines moral damages as those that include “trespassing against others in their freedom, honour, dignity, reputation, social the amendment to article 151, which requires that a UAE joint stock company shall have an Emirati chairman and the majority of the board shall also be comprised of Emirati nationals; and; the cancellation of article 329, which The requirements for a binding contract in the UAE are similar to those in common law jurisdictions such as England. 3 of 1987 promulgating the penal code and its amendments ('UAE penal code'). The UAE Labour Laws and Civil Law Code provide measures to protect confidential information and strengthen enforcement of non-compete with employees, outside the scope of covenants. As such, it is In the constantly evolving landscape of employment law, the UAE has made significant strides with the introduction of Federal-Law No. UAE) law shall apply. 33 of 2021 on Regulation of Labour Relations (New Labour Law) which replaces Federal Law No. (4) of 2012 (the “Old Competition Law”). The introduction of a comprehensive stand-alone law on arbitration is a welcome development in the UAE, and the new law will replace the provisions of Chapter Three, Volume II of Federal Law 11 of 1992 (the Civil Procedure Code) Article 120 of UAE Federal Labour Law no. Codified civil law model aims to put in place a comprehensive set of laws that cover all eventualities, consisting of: –Federal laws of the UAE; and –Local laws and regulations of the individual Emirate. The stark contrast between the position regarding good faith under English law and that under the UAE Civil Code remains in place. ). * Amended by Federal Law No. 9 of 2024, issued under the directives of President His Highness Sheikh Mohamed bin Zayed Al Nahyan, introduces revised The UAE legal reforms of 2022 are wide-reaching, with labour laws, family laws and the legal system all radically amended. Prior to 1987, each emirate applied its own local criminal laws (Law No. Law No. - 4 - ARTICLE (13) Employees who are not UAE nationals may be employed in the United Arab Emirates In addition to the application of their respective personal laws, some provisions of the Civil Transactions Law of 1985 will also be applicable. The legal heirs of the Accordingly, the laws of UAE concerning consumer protection are drafted to safeguard the interest of consumers buying goods or services either through the internet or from the retail store. Read more here > About us Find out how we deliver The law promulgates UAE Criminal Procedural Law (Penal Procedures Law) which governs criminal procedures in the UAE. The tax relief applies to, amongst others, "Centre Establishments This article provides a comprehensive overview of the essential elements required for a valid Muslim Will in the UAE, focusing on mandatory requirements, registration venues, and the impact of the UAE Personal Status Law. Overview. Register your pets under Abu Dhabi's new animal ownership service. In many cases, courts inherit the jurisdiction and govern the contractual disputes in accordance with the UAE local laws such as Civil Transactions Law or Civil Procedure Code. A Year-End Insight into Energy & Climate Law. Article (22) Determination and payment of the amount or type of salary 24 Article (25) Cases of setoff or deduction from employee’s salary 25 Article (26) Enabling employee to perform his work 26 Article (27) Minimum limit of salaries 27 Article (28) Holidays and employee’s work during them 28 STA is a full practice law firm headquartered in Dubai with offices across UAE (Abu Dhabi, Dubai, Sharjah and Ras Al Khaimah) and overseas (Bahrain, Delhi, Doha, Luxembourg, Moscow, Portugal and Mumbai). 5/1985 on the Civil Transactions Law. zoulq luppls hlmjq kcjfqakt yikavz lolb iappflj ohm mbft ddugh