It is also likely that there will be more flexibility for companies to better protect their business interests within ADGM, where we expect ADGM courts to have the power to grant termination actions under contractual restrictions. This may mean that companies may be able to prevent an outgoing employee from switching to a competitor within the ADGM until competition (duly formulated) is no longer applicable. This would be in addition to the employer`s ability to claim damages for breach of these contractual clauses. However, the effectiveness of the restrictions at the end of the United Arab Emirates has been and will remain a topic of discussion for some time and, while it is hoped that ADGM will take a robust approach, we will have to wait and see how the ADGM courts will implement the restrictions after termination (if so). To be effective, post-rescission restrictions must be carefully drafted in employment contracts and not go further than is necessary to protect the employer`s business interests and be limited in the duration, geographic scope and nature of the work. These provisions must be evaluated and possibly amended each time a contract is awarded and/or updated. Most free zones have a mediation procedure (with different degrees of formality) that must be exhausted by parties to a labour dispute before a party can file complaints in court, and it remains to be seen whether this will be followed in ADGM. Overtime. The regulation provides that the maximum weekly working time is 48 hours “unless the employer has previously obtained the written consent of the employee “. Employers would be expected to cease this consent through the employment contract signed at the beginning of the relationship, if the employee is unlikely to challenge it. No overtime payments are provided for hours of work greater than 48 hours. Abu Dhabi Global Market is located on Al Maryah Island, a 114-hectare complex that houses first-class business and lifestyle facilities such as the Rosewood and Four Seasons Hotels and Residences, Cleveland`s first specialized clinical hospital outside the United States, luxury retail in the Galleria Shopping Centre and Grade A offices to meet Abu Dhabi`s long-term economic and development needs.
All this adds to ADGM`s international financial centre as a vibrant tourist destination in the capital, Abu Dhabi. For more information about ADGM, visit www.adgm.com or follow us on Twitter: @adglobalmarket, @FinTechAD, #FinTechAD and LinkedIn: ADGM For employers and employees, the creation of the First Instance Labour Court shows that ADGM recognizes the importance of the working relationship for business efficiency. It remains to be seen what types of conflicts may arise, but with the 2015 ADGM Employment Regulation (Employment Regulation), which covers issues such as employer and worker obligations, wage protection, maternity and paternity leave, discrimination and liability for work-related accidents, it can rightly be said that employer and wage relations are well regulated within the ADGM.