Significant change coming to End-of-Service/ Gratuity in the UAE

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The UAE is set to undergo a substantial transformation in handling end-of-service gratuity for employees in the private sector where employers will soon have the option to select from several schemes for their employees.

The existing end-of-service gratuity system in the UAE involves employers providing employees with a lump-sum payment at the end of their employment relationship calculated based on the employee’s last basic salary. Employees will only be eligible for this end-of-service gratuity payout if they have been employed for more than a year. The current market practice and system is for the employers to set aside this monthly accruing amount on behalf of the employee with no opportunity to accrue earnings during that time.

Recently, the UAE Cabinet approved a plan to introduce an alternative end-of-service gratuity system for private sector employees and free zone workers within the UAE. This innovative and voluntary initiative involves the establishment of private-sector investment and savings funds overseen by the Securities and Commodities Authority in collaboration with the Ministry of Human Resources and Emiratisation. Under this scheme, employers can choose to invest and save their employees’ end-of-service gratuities through these funds, offering a range of investment options.

Under this new proposed scheme, participating employers will make monthly contributions on behalf of their employees to the selected investment funds and upon termination of the employment relationship, the employee will receive their end-of-service gratuity along with any accrued returns from the funds directly.

Employers can choose to enroll their workers, regardless of their professional levels, in the new scheme and pay a monthly contribution. Currently, there are three investment options:

  • Risk-free capital guarantee;
  • Investments, where risks vary between low, medium, and high; or
  • Sharia-compliant investments.

Details regarding the implementation timeline and how existing end-of-service gratuity accruals will be handled are yet to be provided and clarified.

The UAE is progressing toward a more advanced landscape for both employees and employers demonstrating a giant positive leap. The concept of establishing a countrywide saving scheme open to all employees in the private sector is groundbreaking in the region.

HOW CAN WE HELP?

Hamdan Al Shamsi Lawyers and Legal Consultants are perfectly positioned to assist our clients in respect of all Labour Law related matters.

In HAS Law Firm, we represent the very essence of excellence and expertise in the practice of Employment Law. Our team is dedicated to the desires of our clients while simultaneously managing their expectations alongside the realities of the laws that govern family law.

Our firm has three divisions including (1) the DIFC team; (2) the UAE Litigation team; and (3) the Corporate team, and currently deal with a network of other law firms around the world including the USA, UK, France, Italy, Germany, Saudi Arabi, Oman, Kuwait, Bahrain, Jordan, Lebanon, China and Australia.

Our specialized lawyers in Labour Law will be able to further assist and answer any questions you may have.

Ahmad Al Khalil | Partner

Hamdan Al Shamsi Lawyers & Legal Consultants

For any enquiry please click here

Leaders in Law – Global Awards 2023 – Sample Marketing Images

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If you have been nominated for the upcoming Leaders in Law – Global Awards 2023, you will have the opportunity to promote your success in the upcoming publication. 

Please see the marketing images Leaders in Law – Global Awards 2022 winners where provided with last year:

Leaders in Law – Global Awards 2023 award winners will be selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide. Only firms and practitioners who have met independent international research criteria will be considered.

If you would like to be considered or nominate an expert, please visit our nominations page here.

You can view our previous winners by clicking here.

Each winning applicant will be promoted across all of our social media platforms please view our coverage last year on our Linkedin.

About Leaders in Law

Business today is fiercely competitive and ensuring the selection of a knowledgeable and cost-effective lawyer when and where you need them is crucial to business success. The Leaders-in-Law platform provides immediate access to Leaders in their practice area throughout the world.

Users of the Leaders-in-Law platform vary from large multi-nationals to successful entrepreneurs. All with one aim: to quickly and easily find the Leader-in-Law they need with the correct expertise in their location.

The selection process for Leaders-in-Law experts is rigorous and many applicants are eliminated during the vetting process. The successful experts who join the Leaders-in-Law all have a proven track record of success, with their own unique attributes and knowledge of their practice area and local requirements.

 

Global Awards 2023 – Nominate Today

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Leaders in Law is delighted to announce that we are now taking nominations for our upcoming Leaders in Law – Global Awards 2023.

The 2023 Global Awards is set to be the biggest since our launch back in 2016. With unprecedented global coverage – showcasing the very best in each category per jurisdiction.

All winners will feature in our Leaders in Law – Annual Awards Magazine, receive a personalized trophy, marketing images, logos and unrivalled coverage across our all our media channels.

View our previous winners by clicking here.

If you would like to be considered / nominate a peer, please fill in the nomination form here: Nominate Today – Leaders in Law (leaders-in-law.com)

Gene C. Colman joins as the Family Law Expert in Canada.

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Leaders in Law, the leading platform in its field, is delighted to welcome Gene C. Colman as our exclusively recommended & endorsed Family Law expert in Canada.

Personal: As a father of seven children, and grandfather to many, I realize how essential it is for children to have significant contact and input from both parents. A divorce should not mean that one parent becomes cut off from the children.

Multi Jurisdiction: Divorces and other family law cases that involve more than xxone jurisdiction is an area of practice where our firm has experience.  I discuss issues with Ontario and international aspects here.

Child Abduction: Where child abduction between counties is an issue, one must consider The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country.  Canada is a signatory to this Convention along with many other states.  But some countries have not adhered to the Convention, and we have experience there as well.

Residence: Some international family law matters involve complex issues of residence, and one must consider which property regime is to be properly applied and if there is an arguable choice of jurisdiction issue, then your Canadian lawyer must be able to work well with the lawyer in the other country to first of all determine where the client is best off.

Two levels of government in Canada: In Canada, family law jurisdiction is divided between the federal government and the provincial and territorial governments.  For my firm to be involved, your case must have a connection to Ontario.  My firm handles cases throughout the province.

Practice Focus: I have for years advocated:

  • against gender inequality;
  • against parental alienation (resist / refuse);
  • against procedural unfairness; and,
  • on behalf of a legislated presumption for Equal Shared Parenting.

After more than 44 years as a family law lawyer, I find that I do best for clients who have challenging situations of fact and/or law. I welcome complex cases, particularly meritorious appeals on points of law.

Demonstrated Commitment: In September 2018, I was named as the FDRIO (Family Dispute Resolution Institute of Ontario) member of the month.  I have been front and centre in the campaign to improve access to family law justice in Ontario during and post Covid.  I am a founding member of Lawyers for Shared Parenting.  I am a founding editor of the Canadian Journal of Family Law.

The Consultation explanation page at the firm’s website is here.

 

Can You File a Personal Injury Claim If You Are Partly At Fault?

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When you’re in an accident of any kind in Florida, you may still be able to recover compensation even if you are partly at fault. This compensation can help you cover the medical bills, loss of income, and other damages that you’ve incurred from this situation.

Boca Raton injuries are common in personal injury accidents, especially on our busy roads. Florida uses a pure comparative fault rule that permits you to receive financial damages even in situations where you share some of the blame.

Your award will likely be reduced based on the percentage of fault assigned to you in the accident. As a no-fault state, Florida requires each person in an accident to file their claims under their personal injury protection (PIP) insurance for medical expenses and losses. This requirement stands even if you had no fault in the accident.

Unfortunately, it may be hard to prove that you didn’t do anything wrong. The other driver’s insurer may try to blame you for the accident to avoid accountability. Knowing more about pure comparative negligence can help you when filing your personal injury claim.

How Is the Percentage of Fault Determined in a Florida Accident?

As mentioned, pure comparative negligence still allows injury victims to recover damages even if they share some fault. The other driver may be 90% responsible for the accident by running a stop sign and crashing into your vehicle, but if you were going over the speed limit, you may receive 10% of the blame. This would reduce whatever compensation you’re awarded by 10%.

The no-fault laws require all drivers to maintain the minimum in protection. If the accident doesn’t result in severe injuries, your insurance covers you. But if you’re seriously injured, investigations are opened by the insurance adjusters for all parties involved in the accident to assign percentages of fault.

It is a wise idea to obtain legal representation from a personal injury lawyer so you are not falsely blamed or assigned a greater percentage of fault. At the very least, consulting one will give you valuable legal advice and help you know where you stand.

How a Personal Injury Lawyer Helps Injury Victims Who Are Partially At Fault

In some cases, you may not be at fault in any way. Other times, you may share some of the blame. In either situation, you do not want to be assigned more fault that reduces your compensation.

An attorney will gather the evidence needed to prove you are not at fault or do not deserve a high percentage of the fault. They will likely hire an accident reconstruction specialist and other experts to help show proof of this. They’ll work on negotiating with the insurance companies to help you get the maximum compensation for your damages. They’ll also be prepared to go all the way to court, though, in most personal injury cases, both sides will agree to settle before that happens.

If you have minor injuries, you may not need a lawyer, but if you have endured serious injuries and damages, you will want expert legal advice. Personal injury attorneys are instrumental in helping you recover fair compensation and preventing you from taking all the blame.

With an attorney’s help, you can recover compensation for medical expenses, lost income, pain and suffering, property damage, loss of future earnings, and other damages. Many personal injury victims make the mistake of trying to handle things on their own, only to receive too little compensation or none at all.

Law Lore: What You Need to Know Before Starting Your Juris Doctorate

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A Juris Doctor, also known as a Juris Doctorate, a Doctor of Jurisprudence, or a Doctor of Law, is contrary to popular belief not actually a doctorate. In Australia, it is equivalent to a master’s degree and in America is considered a standard degree required to practice law. In many countries, this means that a graduate cannot call themselves a “doctor” even though it’s in the title. The terminology indicates a person who already has a degree and is looking to shift into the world of law and a Juris Doctor course is the way to start this career change.

What is a Juris Doctor?

A Juris Doctorate is a professional doctorate which is recognised in many countries. It is a postgraduate degree that is designed for individuals who already have a degree but not necessarily in a law-related discipline. You can also study to undertake a Juris Doctor if you have a law degree from another country, but you would need to practice law where you are a legal resident. A Juris Doctor is internationally recognised in many countries including Australia, China, Japan, the Philippines, Singapore, America, and many more.

Duration of Study

When contemplating undertaking a Juris Doctorate, it’s important to understand that the course is lengthy and not to be taken lightly. It will incorporate the fundamentals of law which includes the “Priestley 11.” These subjects relate to administrative law, civil dispute resolution, company law, contracts, criminal law and procedure, ethics and professional responsibility, equity (including trusts), evidence, federal and state constitutional law, property, and torts.

From the “Priestley 11,” there are also electives to investigate and decide upon depending on what knowledge area you are looking to potentially specialise in. Some of the electives include law reform, human rights law, intellectual property, and workplace law. To fully complete a Juris Doctor, you would be looking at the possibility of studying for up to 4 years before obtaining the qualification on a part-time basis. Even undertaking a full-time basis, you would be looking at 3 years of study.

Juris Doctor vs Bachelor of Law 

The good news is that both a Juris Doctor and a Bachelor of Law will prepare you for a career in law. However, a Bachelor of Law is designed for an individual wanting to study straight out of high school, having completed year 12 or equivalent in each country. A Juris Doctor is for those individuals who already have a degree and want to pivot their career trajectory into law. Both courses will cover the essentials of the “Priestley 11.” These units are required to be successfully completed before you can apply to work in a legal profession or practice. As you would have already completed a degree in another field, it is generally expected that your work in a Juris Doctor will be of a higher standard. It’s also more common for students to study a Juris Doctor online as it’s more likely the individual will be already working full-time elsewhere and need to financially support themselves whilst completing the study. Unlike a Bachelor of Law, where students are often straight out of high school and likely to still live at home and be able to study face-to-face full time.

What comes next?

That depends on where you are studying and that country’s requirements. In America or Canada, you can complete the Juris Doctor and then take the bar and start practicing law. However, in Australia, you would be required either to complete 80 days of supervised Practical Legal Training (PLT) or complete further study with a Graduate Diploma of Legal Practice. Once this is completed then you must be admitted to the Supreme Court of Australia in your State or Territory, and you must have a practicing certificate issued in an Australian jurisdiction. In Australia, as in many other countries, there are many different territories and jurisdiction areas. This is why it’s hugely important to research where you are wanting to practice and ensure you have met and completed all requirements for that area.

What Can I Do with a Juris Doctor? 

Completing a Juris Doctor can open a world of possibilities for you in the legal field and even in other industries as well. Some potential pathways may include:

Practice law 

Completing the Juris Doctor will satisfy the academic requirements needed for admission to practice law in areas such as a lawyer, solicitor, barrister, or even eventually down the line as a judge. When practicing in law it becomes common to end up specialising, which is where when studying further electives comes into play to get additional knowledge.

Community advocate

Moving into a more public-based role working towards change within the community or social justice. Working in roles to strategically influence change by focusing on representing the community’s rights and needs.

Corporate roles

Focussing in on an organisation’s legal framework, including contracts and negotiations, to ensure all within the company receive their fair share and all their rights are met. This could also incorporate areas such as mergers and acquisitions.

Advantages of  Juris Doctor

The biggest advantage of a Juris Doctor is the exciting opportunities it can open for you, and also the ability to complement your already existing qualification/s and make you a stronger candidate for all sorts of roles in different industries, not just law related. An example of this is if before studying Juris Doctor you had already completed a bachelor’s degree in human resources (HR). Together these two courses could take you to a career in legal recruitment or corporate law. Along with learning life skills such as writing, negotiation, analysing information, and different ways to undertake research.

 Undertaking a Juris Doctor can not only open new and exciting opportunities for you, but it can also lead to a variety of different employment options and pathways you may have never previously considered or thought possible for yourself. A Juris Doctor is something you can start at any time in your life, so what are you waiting for? With new and lucrative career pathways awaiting you, enrol now and start working on the rest of your life.

 

Ahmad Al Khalil joins as the Corporate Law Expert in the UAE

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Leaders in Law, the leading platform in its field, is delighted to welcome Ahmad Al Khalil as our exclusively recommended & endorsed Corporate Law expert in the UAE.

Ahmad is a Jordanian national, educated at the University of Bristol in the United Kingdom (LLB) and has a Master’s degree in business administration from NYIT in Jordan.

At Hamdan AlShamsi Lawyers & Legal Consultants Ahmad heads up the corporate department responsible for the advisory and transactional side of the firm. In addition to providing clients with legal opinions on their positions and consequences of their acts and omissions, Ahmad drafts, reviews and amends various commercial contracts including, but not limited to, shareholders agreements, risk mitigation agreements, consultancy agreements, distribution agreements and terms and conditions of business. Since joining Hamdan AlShamsi Lawyers & Legal Consultants Ahmad has also be involved in and responsible for litigation matters relating to the UAE courts be it civil, commercial, employment or criminal.

Prior to joining Hamdan AlShamsi Lawyers & Legal Consultants, Ahmad was regional counsel for United Technologies Corporation, specifically handling Carrier Air Conditioning, Otis Elevators and their Fire and Security division. Focus was on the GCC region and the Levant area with some time dedicated to the African region as well. Ahmad handled all internal legal matters including employment disputes and employee training on internal policies and local laws, commercial contracts reviewing and drafting, compliance, assistance with regional joint ventures and structuring as well as onboarding and appointing distributors, agents and value-added resellers. While at Al Tamimi & Co, Ahmad was part of the banking and finance department responsible for setting up financial and investment institutions with both the Central Bank and the Securities and Commodities Authority in the UAE. Additionally, Ahmad was seconded to the corporate department and the employment department to provide assistance with project-based matters.

Ahmad also has extensive experience with heading up and conducting internal investigations within corporations whether it relates to retaliatory actions, discrimination, harassment, unfair treatment and/or anti-bribery allegations.

Furthermore, Ahmad has, since 2011, been conducting training sessions for both internal staff as well as external clients and their staff on various topics relating to major issues in contracts, employee rights, ethics, improper payments and bribery and antitrust.

Practice Areas

  • Corporate & M&A
  • Family Law
  • Employment
  • Litigation

Education

  • LLB – University of Bristol, England – 2001
  • MBA – NYIT, Jordan – 2007

Membership

  • Qualified advocate in Jordan – 2005

Firm Description:

Approach to Legal Services & Relevant Experience

Our experience in relation to Litigation, Commercial Drafting, Corporate Structuring, Corporate Governance, Finance, Employment, and Intellectual Property is extensive. The team’s goal is to understand the objectives of the client and thereafter discuss how to achieve the best possible outcome. We analyze each scenario and the consequences it may bring in order to be a step ahead in every situation.

We ensure flexibility when dealing with our clients to provide the most cost-effective service while meeting the client’s needs and desires. Our primary goal is to work hand in hand with our clients and act in their best interest providing honest and transparent legal advice.

As a team, we believe our strength lies in our knowledge of the region and the international community living in the UAE. The standards of the firm are elevated, and this is thanks to the strong relationships we maintain with the governmental authorities and governmental entities. They provide us with the current and updated legal resources to ensure our client is always in harmony with the legal amendments and modifications.

Our approach is articulated around 4 pillars that are the foundation of this firm :

Transparency : we make it our main requirement to be fully transparent with our clients and partners. By always providing accurate legal advice and involving our client every step of the way.

Innovation : as a feedback data driven firm, we make sure to implement the latest technology into the firm’s workflow process to ensure smooth operation and optimize our efficiency.

Trust : we relate to our clients and define together their long term and short-term plan. Being a boutique law firm, our clients are part of the team and have a privileged access to the legal team assigned to their case.

Relationship : the main goal is to build a long-lasting relationship based around honesty & transparency. We always act in the best interest of our clients and anticipate your needs. Because our client’s success determines our own.

As a team, we believe our strength lies in our knowledge of the region and the international community living in the UAE. The standards of the firm are elevated, and this is thanks to the strong relationships we maintain with the governmental authorities & entities as well to the multitude of e-legal platform the firm is part of. They provide us with the current and updated legal resources to ensure our client is always in harmony with the legal amendments and modifications.

Our Process

We promise to keep you updated on the progress of your case. If at any time you have a question or concern, simply contact a member of our team and we’ll sort it out. After all, we’re here to serve you and believe you should be kept in the loop.

We understand that no two cases are the same. Our holistic approach is designed to ensure we cover all angles when it comes to protecting your interests. Solid advice and sound legal solutions for every client, 100% of the time!

Our legal team is here for you. Together, clients work with our legal team to devise a legal strategy that meets all of their specific needs and requirements. Our legal strategies are custom-tailored to each case to ensure clarity and success every step of the way.

 

Michalis Anastasiou joins as the Company Law Expert in Cyprus

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Leaders in Law, the leading platform in its field, is delighted to welcome Michalis Anastasiou as our exclusively recommended & endorsed Company Law expert in Cyprus.

Michalis Anastasiou graduated from the Law School of the University of Sussex in Brighton, UK in 2012. He was called to the English Bar at Gray’s Inn in 2013. He obtained in 2014 his LLM on International Business Law at BPP Law School in London, UK.

He was admitted in the Cyprus Bar Association in 2015. Michalis speaks fluently Greek and English.

Michali’s specialises in business and corporate law, company registration and administration, investment firms and forex brokers cases, forex scam litigation, civil and criminal litigation, personal injury and insurance cases. He appears before the Courts of Cyprus, and he is involved with judicial matters and the drafting of legal documents.

Practice Areas

  • Business and Corporate Law
  • Immigration Law
  • Litigation
  • Contract Law
  • Personal Injury
  • Criminal Law

Education & Bar Admissions

  • University of Sussex; 2012. Brighton, UK
  • The University of Law, 2013. London, UK
  • Admitted to the English Bar at Gray’s Inn, 2013
  • BPP Law School, 2014. London, UK
  • Admitted to the Cyprus Bar Association, 2015

Firm Overview:

Evagoras Anastasiou & Associates LLC is considered an experienced law firm in different areas of law, and it provides a range of specialised legal services to its current, future, local and foreign clients.

Our firm’s specialised lawyers are equipped with the relevant professional knowledge and abilities that put them in position to provide to each client efficient legal advice concerning their needs.

  • To practice our profession with integrity.
  • To acknowledge that each client’s case is unique, and it has its own speciality.
  • To protect our customer’s interests
  • To satisfy the client’s goal and protect his interests.
  • The client’s goal will be achieved with quick, practical, cost-effective, up-to-date and modern methods.

 

Hogan Lovells Names New San Francisco Leader, With Plans to Expand Office

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Megan Nishikawa of Hogan Lovells has been promoted to Office Managing Partner of the San Fransisco office where she will assume the position on September 1st. She took on the role of San Francisco Office Administrative Partner in April 2023. Megan notes that the environmental and commercial litigation practices in particular are rapidly growing in California, and that the expanded litigation capabilities are well aligned with their existing strengths in technology transactions, strategic IP counseling, and portfolio management.

If you are interested in a call with Megan to discuss her goals for California and the San Fransisco office, I would be happy to set one up. Feel free to shoot me an email with any questions you may have.

The full press release can be found here.

Hogan Lovells appoints Megan Nishikawa as San Francisco Office Managing Partner

Global law firm Hogan Lovells has named Megan Nishikawa, a partner in the firm’s Litigation, Arbitration and Employment practice, as Office Managing Partner of the firm’s San Francisco office, effective Sept. 1.

“Megan is stepping into this role at an exciting time for the San Francisco office,” said Richard Lorenzo, Hogan Lovells Regional Managing Partner for The Americas. “California is a strategic growth market for the firm, and Megan joins an energetic leadership team committed to this market.”

A leading commercial litigator who has been recognized as one of the “Top 40 Under 40” lawyers in California by the Daily Journal, Nishikawa defends clients in complex commercial and product liability matters, including toxic tort and environmental claims. She represents clients in the energy, chemical, consumer, and pharmaceutical industries nationwide in state and federal courts. She took on the role of San Francisco Office Administrative Partner in April 2023.

Nishikawa will continue to serve clients and maintain her practice in this new role.

Nishikawa said: “I am excited at the opportunity to help guide our San Francisco office. As one of very few truly integrated global law firms, Hogan Lovells is able to represent clients around the world in their largest, most complex disputes. I look forward to working to strengthen our presence here in California.”

“Our environmental and commercial litigation practices in particular are rapidly growing,” Nishikawa added. “These expanded litigation capabilities here in Northern California are well aligned with our existing strengths in technology transactions, strategic IP counseling, and portfolio management.”

More on Nishikawa is here.

About the Hogan Lovells San Francisco office:

The firm has a targeted focus in San Francisco on practice areas to serve the Northern California market: IP, technology litigation, commercial litigation, technology transactions, strategic IP counseling, and portfolio management. Alongside the world’s largest technology clients, our office represents clients in disputes arising under toxic tort, environmental, consumer protection, advertising, and food and drug laws.

Together with our market-leading M&A colleagues in Silicon Valley, we collectively serve the entire Northern California region, representing some of the world’s largest and most innovative companies. The firm recently moved into new San Francisco offices at 4 Embarcadero Center.

 

Shally Bhasin continues with Leaders in Law as our endorsed Litigation Law Expert in India

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Leaders in Law, the leading platform in its field, is delighted to continue Shally Bhasin as our exclusively recommended & endorsed Litigation Law expert in India.

Shally Bhasin is a Partner with our Firm and has over 26 years of experience in Litigation.

She graduated from Law Faculty, University of Delhi in 1996 and is an Advocate on Record in the Supreme Court of India since 2004.

A veteran litigator, Shally has been involved in several impactful and consequential cases. She has been engaged in legal work across diverse sectors and industries, including – amongst others – Financial Services, Banking, Telecom, Construction, Energy, Heavy Industries, Oil & Gas, Infrastructure, etc. She regularly appears before the Supreme Court of India, various high courts and tribunals including Telecom Disputes Settlement and Appellate Tribunal (“TDSAT”), National Company Law Appellate Tribunal (“NCLAT”), National Company Law Tribunal (“NCLT”), Appellate Tribunal for Electricity (“APTEL”), State Commissions, National Green Tribunal (“NGT”), etc.

In one of the land mark cases in the history of litigation in the telecom industry, Shally has represented the telecom companies right from the High Court of Kerala and TDSAT, uptill the Supreme Court of India,  involving the recovery of licence fees of around $ 7.8 billion by the Government of India.

She has also represented various clients in the Supreme Court of India; various High Courts, National Tribunals – including TDSAT, NCLAT, NCLT, and NGT – in matters related to financial services, bankruptcy, infrastructure, environment, white collar crime, tenders, breach of contract, damages, injunctions, breach of fundamental rights, notifications, taxation, winding up, amalgamation and de-merger.

In an endeavour to give back to the Society, Shally also represented certain individuals in their challenge to Section 377 IPC which resulted in decriminalization of homosexuality. She is also representing a batch of individuals and filed various writ petitions in the High Court of Delhi seeking legalization of same-sex marriage. Thereafter, the matter was transferred to the Supreme Court of India and is now pending for judgment.