Month: August 2017

rights-blog

Claiming the Labor Rights in UAE

There are a surprisingly high number of labor disputes in progress at any given time in the UAE and knowing the procedure and process are key to bringing about the best solution. The initial steps must be carried out by the parties involved, either the employer or the employee and lawyers cannot be directly involved until the dispute is referred to court.

For the Dubai Labor Authorities to consider any legal matters against an employee or an employer, a labor relationship must exist (or have existed) with a labor card or, at the very least, a formal offer letter issued by the authorities.

There is a separate independent body established to hear and handle manpower affairs known as the Ministry of Labor & Social Affairs. Initially, however, a complaint should be submitted to either the Labor Department of the Ministry (for UAE mainland companies) or the labor dispute section of the Freezone authority for Freezone companies.

Government employees should submit the case to Rulers Office as the initial step to obtain an NOC in order to proceed.

The labor authority concerned will then arrange a meeting between the employer and the employee to attempt to settle the dispute. If this is not successful, the matter can then be referred to the court.

At this stage, if you have not already done so, you can and should seek the assistance of a competent and experienced lawyer who can handle the proceedings in the court on your behalf.

alcohol2-blog

Alcohol in Dubai

New arrivals and first time visitors will have heard that the Law relating to alcohol in the UAE is very strict. As an expat resident, you should have a thorough knowledge of what these laws mean to you, even if just to be on the safe side. In this piece, we summarize alcohol licensing in Dubai and give an aide memoir regarding the licensing laws which, if broken can result in a jail sentence or even deportation:

1- According to the law, it is strictly forbidden for Muslims to drink alcohol as per their religion

2- As a non-Muslim, you will only be allowed to drink alcohol where you hold a valid alcohol license. The license is issued by the police authority which you should have with you when consuming alcohol.

3- You will be granted an allowance relating to the amount of alcohol you can purchase from a store for use at home which is relative to your income.

4- Holding an alcohol license permits you to consume alcohol at your home or in licensed premises. The law does not permit the consumption of alcohol in public places such as the beach or the park.

5- Each emirate has their own license and the license you hold determines where you can purchase alcohol. A Dubai license does not allow you to purchase alcohol from a store in Ajman for example.

6- Driving under the influence of alcohol is not permitted here as it is not permitted in most places the world over. Remember, in the UAE there is a zero-tolerance policy on this point and you should be cautious when driving the morning after. Small traces of alcohol in your system that would be acceptable in your home country are likely to land you in legal hot water here.

corporate-blog

The Importance of Hiring a Corporate Business Lawyer

As the owner of your own business, you will at some point require a lawyer to assist with any number of legal issues from company documentation and contracts through recovery of unpaid invoices to handling labour disputes. In an ever-changing legal environment, particularly in the UAE where the pace of growth is prolific, legal complications can crop up at any time and having the right Corporate Lawyer at your disposal can be invaluable.

How can a corporate lawyer help you?

1- Protect your legal interests
2- Labor issues
3- Partnership disputes
4- Financial help (banking issues and unpaid invoices)
5- Facilitate mergers & acquisitions
6- Preparation of legally sound contracts to protect you and your clients interests and intentions.

What are the benefits?

1- Due to the complexity of the laws, it is difficult for a businessman to follow and understand let alone doing so at the same time as running a business. Your corporate lawyer can remove this burden allowing you to focus on what you do best.
2- The frequent changes in law make it tricky for a business person to keep track and can be caught out unknowingly. A good Corporate Lawyer will be up to date with these changes and advise you how and when to adapt.
3- A lawyer may perform a dual role by acting as a legal advisor and legal counsel to the firm at the same time.
4- You can conduct your business safe in the comfort that the legal processes binding your contracts and agreements are effective.

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labor-blog

Labor and Employees Rights in UAE

Most employees working in the UAE are not familiar with the laws governing that employment and the significant differences that will exist from their home country. This is particularly evident in the case of termination of an employee.

All matters relating to employment relations in the private sector are governed by Federal law No 8, 1980. When looking to hire someone, the employer has to follow specific procedures including obtaining a residence visa for the employee.

All expats that reside in the UAE and are hired by a company (license holder) on residence visa will also need to obtain a labor card.

The application of labor law generally favors the employee in the event of a dispute. This essentially means that any contractual provisions made by the employer (side contracts, local contracts for example) other than the UAE law will not be considered and the law of the land would prevail, unless those provisions were in the favor of the employee. Common examples of additional contractual provisions that are often contained in side contracts may include, lower gratuity, extended probation periods (more than six months) or notice periods other than between 1 and 3 months.

In general, there are 7 specific rights of labor that must be adhered to:

1- Annual leave – entitled 2 days leave for every month after finishing probation period

2- An air ticket to home country

3- Salary to be paid for full notice period

4- Over time should be paid (over and above the limits of UAE labor law)

5- All earned salary must be paid up to date

6- Compensation to be given for unfair termination

7- Gratuity to be paid at the end of service (unless specific reason for termination under article 120, gross misconduct)

Important: There can be other additional rights as well but employees will only be entitled to the above rights if they complete their probation period as agreed.

top-blog

Top 5 Articles on UAE Laws

When searching for information on law and legal services on the internet, you will indeed find many examples and variations on many if not all themes. The tricky part is knowing which ones are still correct today (the law changes and have the articles you are reading been updated accordingly?). We are continually contributing to the web with our latest articles to help researchers find the information they need and, very importantly to assist those searching for reputable and knowledgeable law firms in Dubai. Below is a list of few articles submitted by Al Riyami Advocates and Muheyeldin International Legal Consultants,

1- Adoption laws in UAE – There are a growing number of cases of adoption in UAE due to the fact that women tend to fear to bear a child outside the marriage. The cause makes them abandon the child leaving them for adoption.

2- Establish a Company in Dubai – Whether it is connecting airlines or sea ships that dock at the port all made Dubai an important international destination. People from all over the world now want to setup their local branch to make entry into this newly built market.

3- Property Laws in UAE – A recent real estate sector boom resulted in increased property demand and prices. The laws relating to property in UAE can be complex so you should be familiar and careful.

4- Divorce in UAE – The UAE has the highest divorce rate in the region with Dubai being the top contributor. Top reasons for a divorce in UAE and Dubai include fights among families.

5- UAE Drug Laws – Drug law in UAE has recently been changed; they have lowered the punishment for the first timers! Options other than jail include sending them to a rehabilitation center; make them pay a 10,000 Dhs fine or community service.