DIFC Employment Lawchapter by chapter

Regulation 2.1.1

An Employer must not make Article 66 contributions to any scheme unless it meets the Qualifying Scheme criteria (Regulation 2.1.2) or is an Exempt Scheme (Regulation 2.1.3).

Regulation 2.1.3-2.1.5

An Employer relying on an Exempt Scheme must apply to the Board of Directors of the DIFCA for an Exemption Certificate, demonstrating the Scheme meets an Exempt Scheme criterion (foreign statutory pension duty, or a qualifying Group Scheme), and must continue to satisfy any conditions the Board imposes (e.g. continued statutory duty, payment value thresholds, continued regulation/supervision), failing which the exemption may be revoked.

Regulation 2.1.7-2.1.8

An Employer holding a Certificate of Compliance or Exemption Certificate issued before the amended Regulations took effect (or who agreed pre-amendment Article 66(6) contributions) has 12 months from the effective date to apply for a new Certificate of Compliance or Exemption Certificate, failing which the certificate becomes invalid (or, for pre-amendment agreements, the Employer must pay Core Benefits into a certified scheme).

Regulation 2.1.2; 8.1.1

A Participating Employer must obtain a Certificate of Compliance, in the prescribed form and against the Schedule 1 fee (USD 500), for each Qualifying Scheme it pays Member Benefits to; the Scheme must be a DFSA-regulated DIFC Trust with a Supervisory Body and compliant Qualifying Scheme Rules, and the Certificate remains valid only while the Scheme continues to meet these Regulations.

Regulation 2.2.3

The Operator must meet with the Qualifying Scheme's Supervisory Body at least twice a year, producing a management/operation report, the latest financial statements, Administrator/Investment Adviser reports, an investment objectives/performance review, corporate governance fulfilment details, and details of communications/reports filed with regulators.

Regulation 2.2.4

An Employer may apply, in the prescribed form and against the Schedule 1 fee, for exemption from the Supervisory Body requirements (Regulations 2.2.1-2.2.3), demonstrating it (or a delegate) has an equivalent oversight function and access to the same information, without the delegation derogating from its underlying responsibilities.

Regulation 3.1.1

An Employee of a Participating Employer must become a Member of a Qualifying Scheme within the period allowed under the Law.

Regulation 3.2.1-3.2.5; 4.1.1-4.1.3; 5.1.1-5.1.2; 5.2.1; 6.1.1-6.1.3; 7.1.1-7.1.3; 7.2; 7.3

The Operator must design Qualifying Scheme Rules that provide for: a Member Account per Member with same-day credit/debit entries and a defined unit-pricing methodology; Member Contributions at no less than statutory Core Benefit rates; payment of Benefits on termination (or deferral where permitted) and to a nominated recipient on death; transfer of Benefits to another Qualifying/Exempt Scheme on request in specified circumstances; investment directions (member-chosen or default profile) includ

Regulation 4.2

A Participating Employer must: assist the Operator/Administrator with AML-related requests; pay Employer Contributions per Regulation 4.1; deduct Member Contributions from Remuneration and remit them to the Operator's designated account; provide Member information (including commencement dates and Basic Monthly Wage) to the Operator/Administrator; notify the Operator/Administrator on a timely basis of Monthly Wage changes or other circumstances affecting contributions; and notify the Operator/Ad

Regulation 4.3

The Qualifying Scheme Rules must provide for follow-up procedures with a Participating Employer that fails to perform its Regulation 4.2 obligations, and for notifying the Board of Directors of the DIFCA of such non-performance so a fine may be issued under Article 66(17) of the Law.

Regulation 5.2.2

The Operator (or other relevant person) receiving a Benefits transfer request must satisfy itself that the receiving Scheme holds a valid Certificate of Compliance or Exemption Certificate for the Members concerned, and take reasonable steps to inform each affected Member of the transfer.

Regulation 6.2.1-6.2.2

The Operator must make available to each Member, at or as soon as practicable after becoming a Member, baseline information covering Contribution rules, Member options, investment/switching direction procedures, beneficiary nomination options, benefit-deferral options, how information will be provided, and complaint procedures/contact details; and must provide any updates to this information as soon as reasonably practicable.

Regulation 6.2.3

The Operator must supply or make available to a Member, within 1 month of a written request and at no charge, a copy of the constitutive documents, Qualifying Scheme Rules, and any participation agreement or deed relating to that Member's participation.

Regulation 6.2.4

As soon as reasonably practicable after each anniversary of the Qualifying Scheme Commencement Date, the Operator must supply each Member with a statement showing their accrued Benefits at that date.

Regulation 6.2.5

Within 2 months of presenting its annual report and accounts to the Supervisory Body, the Operator must provide each Member with a summary of the annual report and accounts and information on how to obtain a copy.

Regulation 8.1.2

A Participating Employer must inform the Board of Directors of the DIFCA, in the prescribed form, as soon as practicable if a Qualifying Scheme becomes non-compliant, and must simultaneously apply for a Certificate of Compliance for the replacement Qualifying Scheme it selects.

Regulation 8.1.3; 8.1.5

The Board of Directors of the DIFCA may require a Participating Employer to make regular filings (annual or such other period prescribed) in respect of each Qualifying Scheme it pays Member Benefits to, and an Employer holding an Exemption Certificate to make regular filings (including details of exempted Employees) in respect of each Exempt Scheme, both against the Schedule 1 fee (USD 100).

Regulation 8.1.4

An Employer required or wishing to make deemed-Core-Benefit contributions to an Exempt Scheme must obtain an Exemption Certificate for each such Exempt Scheme, in the prescribed form and against the Schedule 1 fee (USD 500).