However, there are practical ways to mitigate the impact of detachments in the United Arab Emirates and Qatar and the resulting alternating employment problems. Ideally, the agreement would detail, among other things, the owner`s detachment and management mechanism. This would include all the amounts to be paid to the employee, responsibility for disciplinary matters, the party may authorize leave, etc. The most common approach would be for the operator to retain control of the employee, with the owner effectively acting as the operator`s agent and executing (if necessary) the operator`s instructions. In some cases, the parties do not enter into such an agreement. If the posting is for a relatively short period of time, there may be alternative immigration options, depending on where the person has his or her seat and what he or she will do. This needs to be considered on a case-by-case basis. In addition, there should be an agreement between the primary employer and the Member to define the terms of the secondment. This agreement should address issues of duplication, for example by suspending all rights of the primary employment contract, to the extent that the law allows.
Sending staff to VaE and Qatar to work for local businesses remains a hot topic. Due to fairly strict immigration rules, secondments in both systems can be relatively difficult for employers and have unintended and unintended consequences. This article examines key reflections in staff detachment in the United Arab Emirates and Qatar. It is largely wrong to believe that local labour laws can be repealed or agreed by an agreement with the worker. This is not the case and, in the event of litigation, local courts would grant a “second” all rights and rights under local labour law, regardless of the contrary wording in an agreement. It is imperative that the terms of secondment be clearly documented and that Members know how and why they are seconded and how the conditions of the secondment are trying to meet expectations in the event of a subsequent conflict. In addition, employers should ensure that workers know how their “detachment rules” differ from those that can be characterized as on-site secondment, for example. B. In Qatar, the Ministry of the Interior may authorize a “detachment” or “loan” between two Qatari entities; this provision is significantly different from that of the international detachments covered in this article. The above data provide a very general overview of some of the most important considerations for the recruitment or secondment of collaborators to the United Arab Emirates.
With regard to the secondment of staff, specific advice should be obtained, as the requirements of the United Arab Emirates depend on the particular circumstances. NOTE: Despite the fact that Qatar`s new immigration law attempted to remove the use of the word “sponsorship” for employment, we have maintained the concept of sponsorship in this article for ease when we are detached, that is, the fact that the sponsor in the United Arab Emirates and Qatar is another entity or individual that is the employer. There is a lot of reflection for all parties involved in a detachment agreement and most will be particularly alive in the circumstances. However, there are a number of issues that should be considered throughout the process in all cases, and particularly in the development of the necessary documents. Examples of points to consider are cited below: in addition to the purely employment considerations that all parties should consider, it is particularly important for the owner to consider the issue of liability in the event of major HMA difficulties. If the operator fails to comply with the HMA conditions, the owner may be in a stronger position to successfully prove the operator`s infringement where the owner has provided a direct link between the operator and the hotel`s key staff using a well-structured detachment agreement.