mkirilova, 12 април, 2021
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: Unusual labour agreements are not as common in the United Arab Emirates as elsewhere. However, in some sectors, this type of regulation is only common because of specific problems for this sector. In the hotel sector, companies using the separate owner/operator model have little choice but to use detachments for a number of reasons that are considered below. This article examines the practical issues related to the detachments used by hotels in the United Arab Emirates, as well as the benefits of this approach. When the Member returns to the principal employer after the end of the secondment, it is often impossible to expect termination rights under local legislation. However, we often see problems where, for whatever reason, the employment relationship collapses. It is therefore advisable to look at the above issues from the outset and deal with them as effectively as possible. 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. For example, under the United Arab Emirates Labour Act, employment may be subject to a probationary period during which a worker does not accept annual or sick leave, the employer has the right to terminate the job without notice, and the worker would not be entitled to end the distribution after the termination. Ensuring that the duration of the detachment does not exceed the maximum trial time is therefore a practical way to reduce the risks associated with duplication. 3. Detachment Agreement between owner and operator Ideally, the agreement would detail, among other things, the mechanism for the owner to second and manage personnel. 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. In addition, in addition to the purely employment policy considerations to which all parties must pay attention, 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.
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. This direct working relationship can lead to complications for workers posted to the United Arab Emirates in the short to medium term, as they may benefit from certain labour law rights in the United Arab Emirates.