Helen Saulnier 
The New Legislation and the New Laws were being powerful straight away and summarized as follows:
Additional Payments
Importantly, the definition of “Additional Payments” has now been narrowed to give a criteria for which a payment can slide underneath the statutory definition. An More Payment could only be one which is a discretionary and non-recurring payment or 1 which is calculated by way of earnings from the employer or an affiliate. An More Payment may possibly then be excluded from the calculation of the DEWS contributions. Any reference to an settlement involving the employer and personnel to limit an employee’s regular standard wage will be null and void.
Shorter-term Staff members
The New Legislation provides clarification for preset time period staff members as well as secondees. Fastened expression employees are now safeguarded whereby the duration of the probationary time period could not exceed half of the contractual term. In addition, multiple preset phrase contracts shall be taken care of in combination when pinpointing an employee’s period of work and calculating the employee’s authorized entitlements. The New Regulation extends safeguards to secondees and brief-time period workers furnishing them with protection from discrimination and harassment. In addition, secondees shall be issue to statutory obligations underneath the New Regulation like settlement agreements and the employer’s confidential information.
Once-a-year Go away
Employers and staff members can agree an amount of money of accrued once-a-year depart to be carried about, offered that this is not a lot less than five days’ yearly leave which is the statutory minimal.
Well being and Safety
Clarification has been supplied to employers exactly where employees are doing the job from home. Companies are required to give teaching, as reasonably practicable, to employees on overall health and protection while functioning remotely. Even so, businesses are exempt from implementing and guaranteeing health and basic safety methods are in spot in just the employee’s household.
Limitation
The introduction of a limitation period of time of 6 months for a assert to be brought continues to be in place. Even so, clarification has been made to validate that an worker could convey a declare throughout the term of their employment. In addition, a declare could encompass a two-year retrospective period of time and that all statements need to be brought within just six months of its alleged incidence, apart from for claims relating to certain payments.
Qualifying Schemes
A Qualifying Scheme, its trustee and the administrator must be recognized in the DIFC and for that reason regulated by the DFSA, other than exactly where 1) the “employer is underneath a statutory responsibility in another region to make pension…” or 2) the employer is generating payments into a Group Scheme on behalf of the workers. Importantly, these payments should be comparable, or in extra, to the contributions centered on the Main Added benefits payable beneath the New Regulation.
Summary
The modifications to the DIFC Employment Law introduce measures to restrict any prospective abuse to the initial intention of the regulation. Employers and employees need to be aware of these adjustments and how they may effect their employment contracts, guidelines and handbooks. Remember to permit us know if we can assist you with the implementation of these changes.
For even more information and facts in relation to the amendments to the DIFC Work Regulation, make sure you speak to Joanna Stewart ([email protected])
November 2021
