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. 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. 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. Given the limited scope of this employment contract, is it common to have an additional long-form contract that may include additional provisions such as workers` benefits, overtime payments, restrictive agreements and garden leave. Since this employment contract is not subject to public authorities, there is more flexibility in the development, although it is taken into account that if one of the provisions does not comply with existing labour laws, they are not applicable in the United Arab Emirates.
For seconded workers, a secondment agreement must also address long-term conflicts with existing employment agreements in a country of origin during the duration of their activity in the United Arab Emirates. Similarly, it may be possible to suspend or change the conditions of primary employment during the duration of the secondment. It depends on the law of primary employment. 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. 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. Unusual labour agreements are not as common in the United Arab Emirates as they are 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.