According to UAE legislation, being indiscipline at work or violating the conditions of your employment contract might result in your employer taking extreme action. Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, which will take effect on February 2, 2022, will lay out precisely how businesses should deal with employee misconduct in an organized and equitable way.
Articles 39, 40, and 41 of the new legislation examine different facets of what a firm may do to an employee. While Article 39 discusses the systematic approach in which businesses might take actions ranging from mild to severe, Article 40 lays out the requirements for temporary employment suspension. Article 41 examines what the law says when an employee is accused of misconduct outside of the job.
NCV 4 New Venture Creation Hands-On Support Slide Show - Module 4Future Managers
This slide show complements the learner guide NCV 4 New Venture Creation Hands-On Training by Bert Kirsten, published by Future Managers Pty Ltd. Visit our website at www.futuremanagers.net
Value Added Tax’s (VAT) fundamental nature is that it’s not taxation imposed on businesses. Instead, it’s a type of tax that’s collected by business entities operating in the UAE that is rather imposed on end consumers by the local tax authorities.
Under UAE VAT legislation, detailed tax invoices are to be issued by VAT-registrants for assessable goods or services supplied to other VAT-registered businesses. This is provided that the provisions surpass Dhs10,000. A detailed VAT invoice is often for merchants and wholesalers managing higher amounts of taxable supplies.
A VAT invoice in the UAE must contain this information in English/Arabic:
A unique invoice number (sequential, for identification purposes)
The date on which a tax invoice was issued, plus the date of supply (if they’re different)
Legal name, tax registration number, and address of the taxable person
Legal name, tax identification number, and address of the customer
Description, quantity, and type of sold goods or description of provided services
To unite price for goods/services goods, excluding the VAT charge
Rebates or discounts provided (not added in good/service’s unit price)
Total VAT amount payable (must be in AED)
Method for calculating the profit margin
Method for calculating VAT (standard, exemption, or zero rates)
The label “Tax Invoice” presented visibly on the tax document
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NCV 4 New Venture Creation Hands-On Support Slide Show - Module 4Future Managers
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Value Added Tax’s (VAT) fundamental nature is that it’s not taxation imposed on businesses. Instead, it’s a type of tax that’s collected by business entities operating in the UAE that is rather imposed on end consumers by the local tax authorities.
Under UAE VAT legislation, detailed tax invoices are to be issued by VAT-registrants for assessable goods or services supplied to other VAT-registered businesses. This is provided that the provisions surpass Dhs10,000. A detailed VAT invoice is often for merchants and wholesalers managing higher amounts of taxable supplies.
A VAT invoice in the UAE must contain this information in English/Arabic:
A unique invoice number (sequential, for identification purposes)
The date on which a tax invoice was issued, plus the date of supply (if they’re different)
Legal name, tax registration number, and address of the taxable person
Legal name, tax identification number, and address of the customer
Description, quantity, and type of sold goods or description of provided services
To unite price for goods/services goods, excluding the VAT charge
Rebates or discounts provided (not added in good/service’s unit price)
Total VAT amount payable (must be in AED)
Method for calculating the profit margin
Method for calculating VAT (standard, exemption, or zero rates)
The label “Tax Invoice” presented visibly on the tax document
Generally, supplies of goods and services that take place within UAE for VAT purposes are subject to VAT with five percent as the standard rate or zero percent if considered zero-rated, unless they fall within the UAE scope of VAT section.
Is your business in UAE registered for VAT? Make sure you’re fully aware of the different VAT rates which are applicable to the transactions of your business, particularly for sales of services.
Regulations for Value Added Tax in UAE differ depending on what you are selling, who you are selling to, and where your business is located.
Value Added Tax’s (VAT) fundamental nature is that it’s not taxation imposed on businesses. Instead, it’s a type of tax that’s collected by business entities operating in the UAE that is rather imposed on end consumers by the local tax authorities.
The UAE government constantly implements frameworks and mechanisms across several different government departments as part of their key initiatives in boosting economic health. Among them is VAT implementation in UAE, which was declared by the Federal Tax Authority. For the public, Value Added Tax implementation meant higher prices for food, entertainment, and other consumer goods and services. For businesses in the country, it meant levying the current VAT rate of five percent on goods and/or services that are taxable.
The UAE government also introduced a decreased VAT rate and exemptions for specific goods and services. As not all products and services are taxable, it is best to consult with regulated tax agents in Dubai regarding VAT implementation in UAE.
Most commonly asked questions relating to copyrightAhmedTalaat127
The word “copyright” (or “author’s right”) refers to the legal rights that artists hold over their literary and creative works. Books, music, art, sculpture, and films are among the works covered by Copyright, as are computer programmers, databases, advertising, maps, and technical drawings.
A civil marriage contract for a non muslim coupleAhmedTalaat127
The Abu Dhabi Non-Muslim Personal Status Court has issued the first civil marriage contract to spouses of Canadian citizenship, according to the provisions of Law No. 14 of 2021 on non-Muslim Personal Status in the Emirate of Abu Dhabi. It aims to establish the Emirate as a leader in regulating family matters for non-Muslims following international best practices. A non-Muslim Personal Status Court in Abu Dhabi granted a Canadian couple the first civil marriage contract.
The newlyweds appreciated everyone who helped make the civil marriage contract service go well, as well as those who worked hard to ensure that the application process was quick and straightforward.
Oman has become the 4th GCC or Gulf Cooperation Council member state that introduced VAT or Value Added Tax regulations. The date of VAT implementation in Oman is the 16th of April, 2021. This is a significant move in relation to VAT in the GCC member states since Saudi Arabia significantly increased the rate for VAT in the country to fifteen percent from five percent back in May 2020.
The move of Saudi Arabia, as reported by the BBC, shores up state finances at the start of the COVID-19 pandemic. Saudi Arabia’s move was also to diversify the economy in order to reduce the country’s reliance on income from oil and gas.
العقار هو ذلك الشيء المستقر بحيزه ثابتاً فيه، بحيث لا يمكن نقله أو تحريكه دون تلف أو تغيير في هيئته. أما الوسيط العقاري (الدلّال) يعرف بأنه الشخص الذي يقوم بممارسة أعمال الوساطة العقارية في دبي، كما تعرف الوساطة العقارية بأنها العقد الذي يتعهد بمقتضاه الوسيط العقاري لشخص ما، بالبحث عن طرف ثانٍ وذلك بغرض إبرام عقد معين، وبالوساطة في المفاوضات من أجل التعاقد، مقابل أجر معين يتقاضاه ذلك الوسيط.
وقد أنشأت اللائحة رقم (85) لسنة 2006 بشأن تنظيم سجل الوسطاء العقاريين في إمارة دبي، سجلاً خاصاً لقيد الوسطاء العقاريين يرخص لهم من خلاله مزاولة نشاط الوساطة في داخل الإمارة، وتسجل فيه كل البيانات الخاصة بالوسيط، وما يطرأ عليها من تعديلات أو تحديثات لاحقة في تلك البيانات.
كما ألزمت اللائحة كل من أراد أن يمتهن نشاط الوساطة العقارية بحتمية الترخيص والتقييد في سجل قيد الوسطاء، ولا يجوز ممارسة أي نشاط للوساطة دون هذا الإجراء بالإضافة إلى الالتزام بأخـلاقيات المهنة وفــق ميثاق الشــرف الذي تعـده اللجنــة.
New rules on retrospective tax penalty waivers, installments, tax litigation,...AhmedTalaat127
For the first time since the UAE tax laws came into effect in October 2017, the legislation now:
Grants permission to pay tax penalties in installments.
Specifies reasons that permit penalty waivers. *
Prohibits installments or waivers if litigation is ongoing.
Allows for a class action against tax penalties.
Permits waiver of penalties paid during the past five years.
Before, the legislation only stated that “accepted justifications” may substantiate penalty waivers, but it was unclear what would entail an accepted justification.
Importantly, taxpayers must now choose between either disputing tax penalties through the tax dispute resolution committees and the Federal Courts — or filing installment or waiver applications. The new changes make it unworkable for both to occur at the same time. And because of the time limitations, a dispute may be time-barred if the taxpayer opts to file an installment or waiver application instead of contending the penalties before the tax dispute resolution committees and the Federal Courts.
This is a substantive consideration for taxpayers as they must weigh the risks of sacrificing litigation against the risk of receiving a rejection on an installment or waiver application.
What are the new VAT administrative penaltiesAhmedTalaat127
The Federal Tax Authority (FTA) shared a public clarification on 28th April 2021 about the amendments for provisions under the Cabinet Decision No 40 of 2017 for administrative penalties. VAT penalties include administrative penalties, which mean the monetary fines imposed on a person or an entity by the FTA for breaching the provisions in the Tax Law of UAE. Penalties can easily be avoided by taking the necessary precautions for non-compliance while filing the VAT report. Businesses have more time to review their data and submit an accurate VAT filing and can benefit from up to 70% waiver for their unpaid penalties if they meet the criteria.
There may arise so many times for the people to attest to their certificates. When it is needed, it is needed no matter what you do.
When someone has to go to some foreign country, the need for the attestation is even more.
New rules on retrospective tax penalty waiversAhmedTalaat127
For the first time since the UAE tax laws came into effect in October 2017, the legislation now:
Grants permission to pay tax penalties in installments.
Specifies reasons that permit penalty waivers. *
Prohibits installments or waivers if litigation is ongoing.
Allows for a class action against tax penalties.
Permits waiver of penalties paid during the past five years.
*Before, the legislation only stated that “accepted justifications” may substantiate penalty waivers, but it was unclear what would entail an accepted justification.
Importantly, taxpayers must now choose between either disputing tax penalties through the tax dispute resolution committees and the Federal Courts — or filing installment or waiver applications. The new changes make it unworkable for both to occur at the same time. And because of the time limitations, a dispute may be time-barred if the taxpayer opts to file an installment or waiver application instead of contending the penalties before the tax dispute resolution committees and the Federal Courts.
This is a substantive consideration for taxpayers as they must weigh the risks of sacrificing litigation against the risk of receiving a rejection on an installment or waiver application.
Bounced cheque no longer punishable by law in UAEAhmedTalaat127
Commercial Transactions Law revisions that decriminalize issuing cheques without adequate cash (bounced cheque) have been implemented by Dubai courts. Cheque beneficiaries or bearers do not have to initiate criminal or civil charges for non-payment of the cheque following Federal Law No. 14 of 2020, revised in October 2020. Alternatively, they may approach the court’s execution judge directly to get an order directing payment of the cheque’s total amount or any leftover balance.
Cheque bearers are entitled to receive partial payments from banks if they have enough money in their account to do so unless they object.
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The majority of accounting services in Dubai and UAE ignore insurance accounting because they are not in the insurance business. Now that there will be a new accounting standard related to insurance contracts, chartered accountants should check to make sure they aren’t erroneously issuing them.
العقار هو كل ملك ثابت في مكانه له أصل بحيث يصعب نقله دون إتلافه، وبالتالي فإن العقار يشمل الأرض وكل ما اتصل بها اتصال قرار مثل البنايات، الأشجار، فالعقار قد يكون ارضا سكنية، زراعية، فلل أو قصور او شقق … الخ
و عندما نتحدث عن التداولات العقارية في دبي فلا يخلو الامر من ثمة منازعات بين المشترين المستثمرين و بين المطورين العقاريين، و ذلك نظرا لضخامة و كثرة التعاملات العقارية في دبي .
وفي حال واجه الشخص أي من أشكال المنازعات العقارية، فإنه من الأفضل التواصل مع محامي عقاري في دبي – متخصص في قانون العقارات في دبي – لديه الخبرة الكافية التي تؤهله للعمل في مثل هذه القضايا، من أجل التعرف على ما تضمنته القوانين بشأن معالجة هذه المنازعات وكيفية الحصول على الحقوق وغيرها من الأمور التي لا غنى عنها في ذلك المجال
Under UAE VAT legislation, detailed tax invoices are to be issued by VAT-registrants for assessable goods or services supplied to other VAT-registered businesses. This is provided that the provisions surpass Dhs10,000. A detailed VAT invoice is often for merchants and wholesalers managing higher amounts of taxable supplies.
A VAT invoice in the UAE must contain this information in English/Arabic:
A unique invoice number (sequential, for identification purposes)
The date on which a tax invoice was issued, plus the date of supply (if they’re different)
Legal name, tax registration number, and address of the taxable person
Legal name, tax identification number, and address of the customer
Description, quantity, and type of sold goods or description of provided services
To unite price for goods/services goods, excluding the VAT charge
Rebates or discounts provided (not added in good/service’s unit price)
Total VAT amount payable (must be in AED)
Method for calculating the profit margin
Method for calculating VAT (standard, exemption, or zero rates)
The label “Tax Invoice” presented visibly on the tax document
تعد الخسائر من أعتي واشد الأسباب قوة التي معها تضطر الشركة إلي طلب حلها وتصفيتها، والتصفية نوعان رضائية أي باختيار أصحاب الشركة او حملة الأسهم او قضائية وهي هنا تكون جبرا حيث تحكم المحكمة في حل وتصفية الشركة و تعين مصف لتصفيتها، والمسألة وان كانت – مما تقدم ذكره – تبدو بسيطة فهي ليست كذلك خاصة في حال ما إذا كانت الشركة المراد تصفيتها و حلها كبيرة متعددة الأفرع و الأنشطة و عليها من الديون و الالتزامات الكثير كما و قيمة مما معه تكون التصفية تدريجية، و في مثل تلك الحالات قد تستغرق عملية التصفية سنوات
How is gratuity computed under the new UAEAhmedTalaat127
When the United Arab Emirates changed its labour law in November, they made them for the private sector. These changes will make it easier for employers and employees to work together in the private sector. In 2022, a law will affect many parts of work-life in the United Arab Emirates. By February 2022, the Employment Law will be repealed and entirely replaced by the new Federal Decree-Law No. 47 of 2021 on the Standard General Rules of Work in the United Arab Emirates (the New Employment Law).
Dr Abdul Rahman Al Awar, the Minister of Human Resources and Emiratization, stated that the new law gives employees many options for end-of-service benefits, like saving projects. He said that there would be another media briefing to talk about the other options available to employees.
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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Can an employer take disciplinary actions against employees
1. Can an employer take disciplinary actions against
employees under the new Labour law?
HT TPS://HHSLAWYERS.COM/BLOG/CAN -EMPLOYER -TAKE-DISCIPLINARY -ACTIONS-EMPLOYEES-NEW-
LABOUR-LAW/
2. Int.
According to UAE legislation, being indiscipline at work or violating the conditions of your
employment contract might result in your employer taking extreme action. Federal Decree-Law
No. 33 of 2021 on the Regulation of Labour Relations, which will take effect on February 2, 2022,
will lay out precisely how businesses should deal with employee misconduct in an organized and
equitable way.
Articles 39, 40, and 41 of the new legislation examine different facets of what a firm may do to
an employee. While Article 39 discusses the systematic approach in which businesses might take
actions ranging from mild to severe, Article 40 lays out the requirements for temporary
employment suspension. Article 41 examines what the law says when an employee is accused of
misconduct outside of the job.
3. Additionally, the New Law modifies certain disciplinary sanctions and procedures that an employer may employ
against an employee who violates the New Law or the Executive Regulations. These include:
A written notice drawing their attention to the breach,
A written warning, deducting up to five days’ salary in a single month, suspending an employee from work for
up to 14 days without pay,
Withholding any salary increase for one year if the employer has a periodic salary increase policy in place. The
employee is entitled to such increase under their contract or the company’s bylaws, withholding promotion for a
maximum of two years, and
Finally dismissing the employee.
Additionally, it appears as though the New Law eliminated the previous law’s notice requirements for internal
investigations. It is yet to be determined following the publication of the Executive Regulations.
There are still some areas of uncertainty regarding applying specific provisions to various work models. The
Executive Regulations are expected to guide applying any of the New Law’s sanctions.
4. Legislative Provisions Relating to Disciplinary
Actions under New UAE Labour Law
Here is a comprehensive look at what the legislation says:
Article (39): Disciplinary Sanctions
The employer, or his agent, may impose any of the following punishments on any worker who breaches the requirements of this
Decree-Law, its executive rules, and implementing resolutions:
Written letter to seek attention.
Notice in writing (warning).
Monthly wage deduction of up to five days. Suspension from employment for no more than 14 days and withholding wages throughout
the suspension.
Denial of periodic increments for up to one year, when establishments have implemented periodic increment systems and the
employee is entitled to them under the terms of the employment contract or the establishment bylaws.
Denial of promotion for a maximum of two years in institutions with a promotion system in place.
Termination of employment with payment of severance compensation.
The Executive Regulations must provide the criteria, restrictions, and processes required for the imposition of any of the punishments
mentioned in paragraph (1) above, as well as the applicable grievance mechanism.
5. Temporary Suspension from Work:
Article 40
Suspension of the employee for a disciplinary inquiry
The employer believes that suspending the employee for a maximum of 30 days is necessary to
conduct a disciplinary inquiry; the employer may do so. The employee must be suspended and
compensated at half their regular pay rate throughout the suspension term. If the inquiry is closed,
the violation is not proved, or the worker is given a warning, he is entitled to receive his wages
throughout the suspension time.
If a worker is suspected in case of offence against Life, property, honor etc.
Suppose a worker is suspected of an offence against Life, property, honor, or honesty. In that case, the
employer may temporarily suspend him from work, awaiting a final judgment by the relevant judicial
institution, and his salary will be suspended throughout the suspension term.
In case of a worker is acquitted for Non-committal of Crime.
An official decision not to put the worker on trial or if the worker is found not guilty of any crime or
the investigation is closed because there wasn’t enough evidence to go to trial. Then the worker can
go back to work and get paid back all of his suspended wages.
6. Article (41): Some rules for imposing disciplinary sanctions
A worker can’t be punished for doing something outside of work unless it’s connected to their job.
Article (39), which talks about discipline, says that only one punishment can be given for one crime.
HHS Lawyers & Legal Consultants comprises a group of the most significant labour lawyers in Dubai
and labour lawyers from Abu Dhabi and other Emirates. We provide a comprehensive range of
services, including UAE labour law legal guidance, to help you become a more courteous and
responsible employer. Employers must be informed of the employment regulations and effectively
comply with them, critical for us. As a result, as UAE labour law experts, we guarantee that you are
well-informed on all aspects of this and give you labour law guidance in Dubai.
To learn more about the New UAE Labour Law, contact us today.
7. Contact Us
WhatsApp Only: +971 52 6922588
WhatsApp & Phone: +971 55 4828368
Landline: +971 4 2555496 (9AM - 7PM GMT+4 - Monday to Friday)
For Consultation: expert@hhslawyers.com
For Sales Enquiries: sales@hhslawyers.com
