March 2024 - Ittihadlegalconsultants.com

March 2024

Employment Relations: Discrimination under UAE Labour Law

Employment Relations: Discrimination under UAE Labour Law

We don’t like to think about workplace discrimination, but it does happen. It’s also against the law in the UAE. It’s like a safety net for work-life balance, ensuring everyone has a chance, no matter who they are or where they come from. So, what does UAE Labour Law have to do with discrimination? Article 4 of the Labour Code spells it all out. This article is like a shield that keeps workers from being discriminated against because of their race, religion, gender, or disability. The government tells people, “Hey, everyone should get a fair chance.” But discrimination does happen sometimes, even though we wish it didn’t. When that happens, knowing your rights and the law is helpful. We know that you can stand up for yourself and others better when you know something. In this blog, we will discuss the specifics of discrimination at work. We’ll review the law and the kinds of discrimination that are not okay. To help you understand, we’ll also share some true stories. Also, know that I’m here to help you through anything that makes you feel stressed or uncertain. Get your best drink, relax, and let’s talk about this subject. Knowledge is power; we can ensure everyone has an equal chance at work if we work together.  Understanding Discrimination in the Workplace Discrimination at work is something that a lot of us have to deal with. In this case, someone is mistreated because of who they are. It could be because of the color of their skin, their faith, or the fact that they are a man or a woman. No matter the reason, it’s not cool, and you can’t do it. What does discrimination look like at work, then? It can be sneaky. Sometimes, it’s clear, like when someone of a certain race or gender doesn’t get a job or a raise. Sometimes, it’s more subtle, like when you joke about someone’s past that hurt their feelings. You can’t be unfair, though. It’s against the law. Yes, the law says that no matter what, everyone should be treated equally at work. Laws keep us safe and make sure everyone has a chance. Now, I’m not saying that discrimination doesn’t happen. It’s too bad that it does. It can make a big difference if you know about it and fight it. People can help you if you feel like you’re being mistreated because of who you are. You don’t need to go through it by yourself. What is discrimination? Why is it wrong? What can you do if someone thinks they are being discriminated against? Because everyone, no matter who they are, should feel safe and valued at work. Legal Framework: Article 4 of the Labour Code Okay, let’s get down to the specifics of the law. Don’t worry; I’ll keep it accessible. There’s something in the UAE called the Labour Code. It’s like a set of rules for how work should be done. Article 4 says something very important right there. If someone is disabled, their race, religion, or gender shouldn’t make them different from other people. It’s like the golden rule at work: treat others how you want to be treated. Article 4 isn’t just words on paper; it ensures everyone is treated fairly. The person making sure the rules play everything is like a judge in a game. It’s illegal for someone to mistreat you because of who you are and break these rules. Sure, being unfair at work is against the law. That’s a big deal. You can stand up for yourself if you know what Article 4 says. You can speak up if something is wrong if you know your rights. That’s how we ensure everyone has a fair and respectful workplace. Types of Discrimination Prohibited Okay, let’s talk about how unfair treatment at work can happen and why it’s not okay. First, there’s bias based on race. It is when someone is missed or poorly treated because of their skin color or origin. We shouldn’t say someone can’t do a job because of their past. That’s not fair. Next is prejudice based on gender. This one is pretty easy to understand: it means treating someone differently because they are men or women. People are being judged because of their gender, and that’s not cool. They are getting paid less or not being considered for a raise. Then, there is bias based on religion. It happens when someone is mistreated because of their beliefs. You should be rated on your skills and abilities, not your religion. Whether you are Muslim, Christian, Hindu, or something else, this is true. Also, let’s not forget discrimination based on disability. It is when someone with a disability is mistreated because of it. It could be something obvious, like being in a wheelchair, or less obvious, like having trouble learning. In any case, everyone should have a fair chance to work, no matter their problems. You can’t treat people differently in these ways, which is against the law. Remember that no one should be judged or poorly handled because of who they are. We all have a stake in this, and everyone wins when we are respectful and fair to each other. Case Studies: Examples of Discrimination Cases in the UAE Here are some true stories to help you understand how discrimination can happen at work. Meet Fatima. She loves what she does as a graphic artist and is very good at it. But even though she is good at what she does, she keeps missing out on raises. Why? Some people at Sarah’s company don’t like her because she wears a scarf and doesn’t look like a leader. That is unfair treatment based on religion. After that, there’s Ahmed. He always goes the extra mile and puts in extra hours at work. He has done this for years. During the bonus round, Ahmed sees that he is getting paid less than his coworkers who do the same job. Why? Because Ahmed

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Dubai Moves to Regulate Virtual Assets

Dubai Moves to Regulate Virtual Assets

As of March 11, 2022, Dubai’s new law, the Dubai Virtual Asset Regulation Law, made virtual assets subject to regulation. This law is important because it’s the first in Dubai. Its goal is to set rules for digital assets like cryptocurrencies. The goal is to protect people who invest in these digital assets and ensure everything is fair and clear. The Dubai Virtual Asset Regulatory Authority (VARA) was created to ensure these rules are followed. The Dubai International Financial Centre (DIFC) is not part of VARA’s control, but all other virtual asset operations in Dubai are. This piece will talk about what this law means and how important it is for these people who work with virtual assets and Dubai’s economy. Establishment of Dubai Virtual Asset Regulatory Authority (VARA) Dubai’s plan to control virtual assets led to the Dubai Virtual Asset Regulatory Authority (VARA) creation. The Dubai Virtual Asset Regulation Law gives this regulatory group much power. Its main job is to keep an eye on and run the virtual asset market in the Emirate. Dubai’s government took the initiative to create VARA in response to the changing problems and chances that the growing digital asset market brings. VARA is responsible for licensing, overseeing, and regulating virtual asset services. Their goal is to make the field safer and more open for businesses. VARA wants to build trust among investors and businesses by implementing strict oversight systems. This will help Dubai’s image as a forward-thinking financial center. One of VARA’s main jobs is to review license applications from groups that want to do activities with virtual assets. VARA ensures that only trustworthy and legal companies can work in the virtual asset space by putting them through a strict evaluation process. This method protects investors from possible risks and encourages healthy competition and new ideas in the field. On top of that, VARA is responsible for creating and applying regulatory frameworks that are specific to virtual assets. The main goal of these frameworks is to create a solid and long-lasting virtual asset ecosystem. They cover various topics like risk management, consumer safety, and market integrity. Virtual Asset Regulation Authority (VARA) is in charge of overseeing virtual assets. It is also where people can go for help and knowledge about virtual assets. Trainers, industry meetings, and sharing best practices are ways VARA tries to make market participants more aware of and informed about how to regulate virtual assets. Additionally, creating VARA is a significant step forward in Dubai’s progress toward complete control of virtual assets. Dubai shows its dedication to promoting innovation, protecting investors, and ensuring the long-term viability of its financial ecosystem by setting up a separate regulatory body to keep an eye on this rapidly changing industry. Regulatory Framework for Virtual Asset Activities The Dubai Virtual Asset Regulation Law sets clear rules and guidelines for companies that work in the virtual asset space. It also creates a regulatory framework for all virtual asset activities. The central part of this framework is a list of actions that need permission from the Dubai Virtual Asset Regulatory Authority (VARA). These activities cover many different virtual asset services, such as running virtual asset platforms, giving exchange services, providing custody and management services, and holding initial virtual asset offerings (IVAOs). By clarifying what activities are allowed, the law hopes to boost investor trust and market integrity while lowering the risks of trading virtual assets. Businesses that want to do controlled virtual asset activities have to follow strict compliance standards and undergo a lot of scrutiny by VARA to get the licenses they need. The regulatory framework also spells out licensed organizations’ ongoing duties and obligations, such as reporting, following risk management protocols, and stopping financial crime and other illegal activities. By making these rules, Dubai wants to build a solid and stable virtual asset ecosystem that meets the most excellent security, accountability, and openness standards. Enforcement and Penalties To ensure people follow the Dubai Virtual Asset Regulation Law and its rules, the Dubai Virtual Asset Regulatory Authority (VARA) has the power and tools to successfully deal with people who need to follow the rules. People who break the law may be punished in some ways, such as by fines, penalties, or disciplinary actions chosen by VARA in line with established processes. VARA is proactive about control. They do regular audits, inspections, and investigations to ensure rules are followed. If someone does something wrong or breaks the law, VARA can punish them in a way that fits the severity of the crime. They will do this by looking at the type and extent of the violation, how it affected investors and market players, and any circumstances that make the crime worse or less severe. Fines and punishments keep people from breaking the rules and show that Dubai is serious about keeping the virtual asset market fair, orderly, and open. VARA can also take other corrective actions, like revoking or suspending licenses, limiting business activity applying restrictions, as needed, to protect investors’ interests and keep the market honest. By punishing people who don’t follow the rules, Dubai is ready to look out for investors and other essential people’s interests and keep its virtual asset setting honest. Dubai wants to build trust, confidence, and stability in its virtual asset market through strong oversight and effective enforcement. This will help Dubai become a leading jurisdiction for responsible innovation and investment in the digital economy. Conclusion Dubai was one of the first places to try to control virtual assets. This shows that the Emirate wants to ensure that investors and businesses can do business safely and openly. Feel free to contact Ittihad Legal Consultants for a complimentary session if you have any questions or need help figuring out the laws that apply to virtual assets. Click here to make an appointment and ensure your case gets the professional care it needs. What is the Dubai Virtual Asset Regulation Law? The Dubai Virtual Asset Regulation Law is a law that Dubai

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Contract Law in the UAE

Basic Principle of Contract Law in the UAE

Deals keep everything together in the United Arab Emirates (UAE), where business is always strong. Just picture the buildings of Dubai or the busy markets of Abu Dhabi. Contracts are what hold all of these deals and transactions together. The UAE is a significant place for economic growth in the Middle East as of 2023. Businesses and investors worldwide are drawn to it like a magnet because it promises chance and wealth. But there’s something more important going on than all the flash and glamour: contract law. So, you’re an intelligent businessperson trying to find your way around the UAE’s business world. Contract law guides you through the legal system in this area, whether you’re making deals in Sharjah’s traditional souks or signing papers in Ras Al Khaimah’s business offices. In this piece, we’ll learn a lot about contracts in the UAE in the help you understand the legalese by translating it into everyday language. We’ll talk about everything, from the old saying “pacta sunt servanda” to the specifics of good faith and ending a contract. A Quick Look at UAE Contract Law In the United Arab Emirates (UAE), contract law is the most important part of business in all its different areas. This legal system, mostly made up of the UAE Civil Code, gives people the structure and rules they need to make agreements that can be enforced. The main idea behind contract law in the UAE is “pacta sunt servanda,” which means “agreements must be kept.” This principle stresses the importance of following through on the promises and terms made in a contract, promoting trust and certainty in business deals. In the UAE, contracts must meet a number of important requirements before they can be enforced. Some of these are: Clear Offer and Acceptance: Both parties must make it clear that they want to sign a contract and agree to the terms. Legal Capacity of Parties: People who sign contracts must have the legal capacity to do so, which means they must be of sound mind and not be forced or tricked. Lawful Purpose: Contracts must have a legal purpose and can’t include things against the law or public policy. Following Formal Requirements: For some contracts to be legally valid, they may need to be properly formalized, such as written down or notarized. The idea behind Pacta Sunt Servanda The phrase “pacta sunt servanda,” which means “agreements must be kept,” is at the heart of contract law in the UAE. This principle is based on the idea that people who sign a contract are legally bound by the rules they agree to. In real life, pacta sunt servanda ensures that contractual relationships are stable and predictable, building trust and confidence between parties. It strengthens the point that contracts are formalities and legally binding promises with real effects. By upholding the principle of pacta sunt servanda, the UAE legal system encourages parties to carry out their contractual duties honestly. This makes business deals more fair and just. This idea helps people come to a fair agreement when there is a disagreement. Things that are necessary for contracts in the UAE In the United Arab Emirates (UAE), contracts must meet specific requirements before they are legal and enforceable. These parts make it possible to make legally binding agreements legally binding agreements and ensure that contractual ties are clear and specific. Clear Offer and Acceptance: For a contract to be legal, one party must make a clear offer, and the other must accept it without any conditions. This shows that both parties agree on the terms of the contract and want to be bound by them. Legal Capacities of Parties: All parties to a contract must be able to legally enter into it for it to be binding. This means they have to be of sound mind, the right age, and not be forced or unable to do anything. Lawful Purpose: Contracts must have a lawful purpose, which means they can’t be used to do things that are illegal or against the law. Any agreement that breaks the law or is morally wrong will be thrown out and can’t be enforced. Following Formal Requirements: Depending on the type of contract, certain formalities may need to be followed to be legally effective. This could mean you need written proof, stamps, or notarization as law requires. Ensuring these important requirements are met is necessary for contracts to be valid and enforceable in the UAE. This gives both parties trust and security in their contractual relationships. What “good faith” means in UAE contract law “good faith” is very important in contract law in the United Arab Emirates (UAE). It affects how both parties act during the whole process of making a deal. When people deal with each other in good faith, they are expected to be honest, fair, and open. They are also likely to follow the ideals of fairness and equity. This idea is present at all stages of a business relationship, from negotiating and making the deal to carrying it out and ending it. Parties to a contract must deal with each other honestly and not do anything that could break the contract or hurt the other party’s interests. The UAE legal system builds trust and cooperation between parties by upholding good faith, leading to fair and reasonable contracts for everyone. It protects people from unfair or exploitative behavior and gives people a way to settle disagreements in a fair and just way. In the end, good faith is not only the law; it’s also a moral concept that guides how people should act when they’re in a contract. That makes the point even stronger, namely that honesty and integrity are important in business and help the UAE’s credibility and image as a good place for business. How to Get Out of a Contract in the UAE In the United Arab Emirates (UAE), contracts are meant to be legally binding agreements that both parties should keep. However, there are times when

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Conflict of Interest

Abu Dhabi Courts Invalidate Arbitration Award Due to Arbitrator’s Failure to Disclose Conflict of Interest

In Abu Dhabi’s bustling landscape, a recent ruling by the courts has shaken the foundation of arbitration. Picture a chamber filled with the murmur of parties seeking resolution, their faith placed in impartial arbitrators. But hidden within this scene lies a crucial question: What happens when those responsible for upholding justice fail to disclose their loyalties? This ruling confronts the essence of arbitration—its autonomy and finality. Join me as we explore the intricacies of this case, shedding light on the path to justice within the world of arbitration. Understanding Arbitration Awards In the realm of legal resolutions, arbitration awards stand as pillars of finality and resolution. Unlike traditional court proceedings, arbitration offers parties a confidential and efficient alternative for dispute resolution. These awards, binding and enforceable, hold immense significance in justice. Yet, to comprehend their importance fully, we must delve into their essence. Arbitration awards represent the culmination of a process where disputing parties submit their conflicts to neutral third parties—arbitrators—for resolution. Unlike court judgments, arbitration awards are often final and not subject to appeal, providing parties with certainty and closure. However, behind this veil of finality lies a delicate balance of trust and transparency. Join me as we unravel the layers of arbitration awards, exploring their significance and impact on the landscape of justice. Let us navigate the intricacies of this vital aspect of arbitration, shedding light on its role in resolving disputes and upholding fairness. Disclosure Requirements in Arbitration In the realm of arbitration, transparency reigns supreme. Central to this principle are the disclosure requirements imposed upon arbitrators. These requirements demand that arbitrators reveal potential conflicts of interest that may compromise their impartiality. Failure to disclose such conflicts undermines the integrity of the arbitration process, casting doubt on the legitimacy of arbitration awards. Case Study: Abu Dhabi Courts’ Decision Recently, the Abu Dhabi courts rendered a landmark decision, setting aside an arbitration award due to the failure of the arbitrator to disclose a potential conflict of interest. This decision sent shockwaves through the arbitration world, emphasizing the importance of transparency and disclosure. By scrutinizing the arbitrator’s actions and upholding the principles of fairness, the Abu Dhabi courts reaffirmed their commitment to justice. Implications for Arbitration Practice The ramifications of the Abu Dhabi courts’ decision reverberate far beyond the confines of the courtroom. This ruling serves as a wake-up call for arbitrators worldwide, underscoring the need for rigorous adherence to disclosure requirements. Parties engaged in arbitration proceedings must also take heed, ensuring that they are represented by arbitrators who uphold the highest standards of integrity and transparency. Lessons Learned and Best Practices In the aftermath of this decision, valuable lessons emerge for all stakeholders involved in arbitration. Arbitrators must prioritize disclosure, recognizing its pivotal role in maintaining the credibility of the arbitration process. Likewise, parties to arbitration proceedings must exercise due diligence in selecting arbitrators who exhibit unwavering commitment to fairness and impartiality. Conclusion The Abu Dhabi courts’ decision is a beacon illuminating the path to justice in arbitration. This ruling reinforces the integrity of arbitration proceedings by emphasizing the importance of disclosure and transparency. As we reflect on this landmark decision, let us reaffirm our dedication to upholding the principles of fairness and equity in all facets of arbitration. Learn more about the significance of disclosure in arbitration.

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