Top 10 Employment and HR Headlines from Offshore Employment relationships in the United Arab Emirates are governed by Federal Law No.8 of 1980 Regulating Labour Relations as amended by Federal Laws No.24 of 1981, No.15 of 1985 and No.12 of 1986 (the Labour Law). One of the most debated issues in an employment agreement is the legality of restrictive covenant provisions, such as a non-compete clause which prevents employees from working for a competitor upon termination of their employment agreement. As the name implies, end of service gratuity is an amount of money that every employee is entitled to receive, and every employer is liable to pay, upon termination of an employment relationship in the UAE, provided that the employee meets the conditions set out in the Labour Law (UAE Federal Law No.8 of 1980). It is mandatory for an expatriate employee to sign a labour contract in the format stipulated by the Ministry of Labour prior to commencing employment. The following essay discusses briefly the important aspects of Labour Law in the UAE. The UAE has a high percentage of working women which statistics recognise as an important and productive workforce. The Court of Final Appeal (CFA) has delivered its judgment in the important case of Kwan Siu Wa, Becky & Ors v. Cathay Pacific Airways Limited (26 September 2012). The question of employment status is a vexed area of the law; it is often far from easy to accurately determine the employment status of an individual. Last month, the Legislative Council Panel on Manpower reviewed and discussed a briefing paper submitted by the Labour and Welfare Bureau of the Labour Department. Asia's legal and human resources advisors are often required to function across multiple jurisdictions. |