Free Essay

Business Law

In: Business and Management

Submitted By nadaabdulla
Words 8156
Pages 33
|Ask the Law |
|Gulf News Journal Entries |
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|Name: Nada Abdulla |
|ID 201014027 |
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|Instructor: Kathy Lockhart |
|BUS 200 Section 503 |

Table of contents:

Gulf News Journal 1………………………………………………………………….Pg3

Gulf News Journal 2………………………………………………………………….Pg6

Gulf News Journal 3………………………………………………………………….Pg8

Gulf News Journal 4………………………………………………………………….Pg11

Gulf News Journal 5………………………………………………………………….Pg13

Gulf News Journal 6………………………………………………………………….Pg15

Gulf News Journal 7………………………………………………………………….Pg18

Gulf News Journal 8………………………………………………………………….Pg21

Gulf News Journal 9………………………………………………………………….Pg23

Gulf News Journal 10……………………………………………………………...….Pg26

Gulf News Journal 11…………………………………………………………….Pg29

Ask the Law

Gulf News Legal Journal 1 (Company cannot increase six-month probation period), February 3, 2012:

1- The questioner worked in a company with a contract for more than seven months, and after he had worked six months of service the company ended his service because didn’t pass the probation period. He was told that the probation period in this company is eight months not six, and according to the labor law six months is the minimum period and can be increased by the company. The questioner is asking what is his legal status in this case since he have signed a probation for eight months period? What are his right according to the labor law?

The response: According to the labor law he should complete his work since he signed a contact with the company for specific period, so the company must pay him a full salary for three months and give him benefits as end of service.

Opinion and relation: I agree with the response and think it is fair because the company should give the worker time until he finish the limited period contract. We can link this case to what we have studied in chapter 6, that the company should give salaries due to the signed contract with their employees.

2- The questioner worked for the company for two years and he wanted the company to extent his annual leave from one month to three months because his wife is sick or to cancel his visa. The company refused to extend his leave and asked him to return to UAE and his visa might be cancelled. He is asking if the company have the right to cancel his visa while he is abroad, and if they canceled his visa can he return to UAE after one year to work in another company? He is asking how can he cancel his visa?

The response: The company can cancel his visa only if he send them a cancellation request and his passport and the ministry of labor should know that he is abroad. He can enter UAE again but from another sponsor.

Opinion and relation: In my opinion, I think that each company should give their employees an emergency leave once in a while and an annual leave.

3- The questioner is working for an insurance company but he don’t have a visa for this company since he work freelancer. The company didn’t pay him his commission for one year. He wants to complain before the Ministry of labor to take his right back, but he was told that he can’t do that since he is working in a company that doesn’t sponsor him. He is asking if he can get his rights from the company.

The response: The questioner can get his rights by filling a civil case against the insurance company, and he will get the rights without considering if his visa belong to the company.

Opinion and Relation: In my opinion, the response is fair because it will give the questioner his rights.

4-The questioner lived and worked in Dubai for 10 years with his family. He stopped at the traffic light and when it turned green he didn’t move so the man behind him sound the horn, so he got angry and pointed to the man with his middle finger which led the man complain against him at the police station. He was sent to public prosecution because that act was illegal. He was informed that he might be deported and that worries him. He is asking if his act would led him to deport, and will the deportation will be stopped because he has family?

The response: According to the Federal Penal the questioner should be deported from the state, but in the man case the judge will decide if he will be deported or not.

Opinion and Relation: I think that the law is fair and logic because he should be deported for what he have done.

Gulf News Legal Journal 2 (Villa owned may file a case against Dewa, developer), February 10, 2012:

1- The questioner bought a property in Dubai and after one year he found that a water pipe in front of his house burst and it leaked to the kitchen which affected the kitchen floor and ted to cracks that extended to the entire villa. He asked for a report to show that his house is dangerous and must get fixed, but the reporter told him that Dewa is responsible for that. He is asking about his legal rights and who is responsible to get it fixed.

The response: The questioner has to file a case against both Dewa and the developer, and he must get an expert to determine the amount of the damages. Then he has to get a approval from the ruler’s court.

Opinion and Relation: I agree with the response because the questioner has the right to file against them because he is paying for them.

2- The questioner has unpaid cheque and went out of UAE. Now he want to come back to work in one of the big companies in Dubai, so he is asking what he will face in the airport since there is a police case filed against him by a bank.

The response: If the questioner come back to UAE he will be arrested in the airport because his name is recorded. He can ask the police station in Dubai airport to lease him, but he have promise the to go and solve the problem with the bank and he may refer to a competent court.

Opinion and Relation: I think that the law is fair and logic because the questioner did an illegal act and he should be arrested in the airport for what he have done.

3- The questioner have been working in a company for more than three years and company promised him to provide all his labour dues. The company gave him half of his dues and the amount left they gave him in post-dated cheque, so he went to the ministry of labuor to sign that he received all his dues. After he transferred to the new company he discovered that the cheque was without payment. Old company refused to give his labour dues back and the manager who signed the cheque has left the company. He is asking about his labor dues and if he return to the Ministry of Labour .

The response: In this case he can’t ask the ministry of labour because he signed that he had received everything from the previous company. The only choice he has is to complain a criminal file against the company.

Opinion and Relation: I agree with the response because he must check if the cheque has payment before signing the contract with the ministry of labour.

4- The questioner lives in Dubai and works in a company for three years on LC. He got an increase in his salary after one year of employment. Last year the company had withdrawn a percent from his salary and was told that he will get his money every six months but without any official letter . He didn’t receive his money, so he is asking if he could get his portion back. He want to know if he has the right to ask for the suspended amount if his contract will expire after one month. He was asking if it is possible to get paid for the unused annual leave, and will the company impose a ban on him if he gave his registration after completing his contract.

The response: The questioner can get all his right before his contract is expired, and he can get paid for the annual leave for two years maximum. In addition, the company can’t impose a ban on him since he has completed more than two years of service.

Opinion and Relation: I agree with the response and think it is fair because the company should give the employees their salaries on time. We can link this case to what we have studied in chapter 6, about void contract and that the company should give salaries due to the signed contract with their employees.

Gulf News Legal Journal 3 (Employees not liable to settle company’s debts), February 17, 2012:

1- The questioner signed purchases orders of his company in which was employed as operations manager and the company had other mangers in different departments. When the company had big losses he had to sign purchase orders, and he received a call from a creditor asking him to pay the money he owes him. The questioner was not the owner of the company he was only signing the authority of an LLC. He wanted to leave the country but he was stopped at the airport because he had a case against him and was sent to jail. He is asking if an employee who signs purchases orders of LLC has to pay if the company loses?

The response: The questioner was stopped by the police at the airport and sent to jail because he either signed a bounced cheque or trust receipt . The police have no right stop him if he had a debt for certain party. The answer for this question is that if the person is not guarantor for the company’s debt he should not be forced to pay the debt from his account.

Opinion and Relation:

I agree with the response and thinks that it is fair. We can relate this case to what we have studied

2- The questioner worked recently in one of the companies in Dubai with a salary of 12000. He want to bring his mother-in-law to Dubai, so he is asking about the circumstances for obtaining a residence visa for his mother-in-law and can it be a three-year visa?

The response: The questioner mother-in-law has to be accompanied by her husband in order to get a visa or unless she is divorced and she should have a certificate to proof that. There are some document needed such as a salary letter with a salary not less than 9000 with an apartment, certificate of support issued, the sponsor residence should be issued in Dubai, a of bill of Dewa

Opinion and Relation: I agree with the response

3- The questioner had an accident in his new car and it was severely damaged, and the policy was cancelled by the insurance company. The car airbag didn’t pop out during the accident, so he told the car dealer about it and he was waiting for the report but he didn’t receive any report. He is asking about his rights and can he get a new car for this issue?

The response:

The cataract clarify that both parties are equal, so the workers. The questioner can solve this with the landlord and try to pay him compensation, the landlord should.

Opinion and Relation: the response is fair because there were only three months left and that questioner could have finished them then

Gulf News Legal Journal 4 (No approval for regestration), February 24, 2012:

1- The questioner have resigned from his job because his unlimited contract has expired, but the manager refused the resignation and asked for investigation. His supervisor called him to discuss the reason of resigning in private, but the questioner refused and emailed him his resignation but didn’t get any reply. The questioner is asking is it necessary for the company to be acknowledged and does he need to work the notice period?

The response: As per the Labour Law, the resignation of a worker is not required to be approved by the employer. He shall continue to work for the notice period unless the employer requests not to work within the notice period. He can approach the Ministry of Labour in the event of non-acceptance by the employer.

Opinion and Relation: In my opinion, the response is fair because it will give the questioner his rights.

2- The questioner established a company with an Emirati sponsor and the amount that should be paid be each one was agreed as per law. After ratifying the memorandum of association of the company the sponsor declared that he can’t pay his share because of the financial problems. The questioner is asking if he make a side agreement and mentioned that he have paid the full amount and the sponsor is only a sleeping partner, would this be illegal agreement or is it deemed as valid agreement? If a dispute arises, is the side agreement considered in the court whereby he can protect his rights? Is it possible to ratify such agreement.

The response: The questioner is advised to bring a witness on the same or to prepare such an agreement through the legal offices in order for it to be legal because the competent court may only adopt the side agreement.

Opinion and Relation: I think that the law protects the questioner and will give him is rights when needed.

3- The questioner’s husband worked at a chemical factory. Her husband died during the course of his work. The manager claims that his wife is only entitled to his end-of-service gratuity and not compensation. The questioner is asking does she have the right to claim his gratuity and death o compensation? How will it be calculated? what is her legal status and the calculation of the compensation of his death? Who is entitled to the money?

The response: According to the Federal Labour Law No. 8 of 1980 it states that the members of his family shall be entitled to compensation of his basic remuneration for 24 months and the amount shall not be less than DH18,000 or more than DH35,000. The amount of compensation shall be calculated on the basis of the last remuneration received. The family members who are entitled are the widow, the children who are sons under 17, who are enrolled in educational institutions and are under 24, and who are mentally or physically incapacitated. Also, unmarried daughter, parents, brothers and sisters are also entitled. As per the labour law, the deceased worker is entitled to the end-of-service gratuity.

Opinion and Relation: I think that the law is fair and logic because his wife and his family members have the right to be entitled more than anyone else.

Gulf News Legal Journal 5 (Charged for free car parking after one year), March 9, 2012:

1- The questioner rented an apartment in Dubai before one year. He signed a contract saying that he will get free parking, but now they are asking him to pay for the parking. He is asking is there any way to solve his problem; moreover, he want to know his right under the committee law.

The response: Dubai rental committee stated that it is his right to have free parking and what the office did was illegal. If they want to charge him for the parking they have to reduce the rent price.

Opinion and Relation: In my opinion the response is fair because the office gave him the parking for free and was written in the contract and then they were asking him to pay. The problem should be solved by either keeping the parking for free or reducing the price.

2- The questioner have been working in a company for 19 months ad he have a court case against them for more than one year and six months. He had t go to get the labor ministry to cancel his visa and residence sice they were expired, and his company is forcing him not to cancel. The questioner is asking what should he do to get this problem solved and how his ban should be lifted.

The response: He can ask the ministry of labor to cancel his residency to return back to his country, so he can transfer to another company if it was shown that he was forced to submit his registration.

Opinion and Relation: The law protects the questioner

3- The questioner have been working in a company for more than three years and he canceled his visa to transfer to another company with better offer. The company gave him his dues by cheque, so he went to the ministry of labuor to sign that he received all his dues. After he transferred to the new company he discovered that the cheque was without payment. The ministry of labour couldn’t help him because he has already signed that he had received all his labor dues from the old sponsor. He is asking about his labour dues and if he should go to the labor court since the labour office rejected his complain.

The response: In this case he can’t ask the ministry of labour because he signed that he had received everything from the previous company. The only choice he has is to complain a criminal file against the company and the cheque issuer.

Opinion and Relation: I agree with the response because he must check if the cheque has payment before signing the contract with the ministry of labor.

4- The questioner is willing to have a LLC with a local sponsor, and he is asking if he can be the manager as well as the local sponsor and if they should mention that and the period in the memorandum association.

The response: according to article no.235 which states that the LLC can have more than one manager but should not exceed five, and the number of managers should be mentioned in the memorandum association with the period.

Opinion and Relation: Indeed I think the response is right, where they can have more than one manger but they should motion it in the memorandum association.

Gulf News Legal Journal 6 (Gratuity calculated based on the last salary drawn), March 16, 2012:

1- The questioner is working in Dubai as a principal in a private school for three years on limited contract that will expires after two months. In 2009 he was given his employment offer to get a salary as Dh20000 with accommodation. However, In his labor contract it was stated that he will get a salary as Dh15000 with accommodation. The school promised him to resolve it after he raised an objection, but the school didn’t change anything. He started working in February 2009 and the school didn’t provide him visa until May 2009. He has a better offer, so he planned to submit his registration on May. The questioner is asking how his gratuity will be calculated? Is it from the day he stared working or the day the school provided him a visa and signed the labor contract? Will the gratuity be calculated on a 14 days-a-year basis or 21 days? Is it mandatory that he work during the notice period? Does he need a no-objection certificate to join another school?

The response: The service period should be calculated from the first day the questioner joined the school. The gratuity will be calculated based on the last salary that the questioner received unrelated to the salary mentioned in the employment contract, and the questioner has to proof the last salary he received with the bank receipts. The gratuity for end of year will be calculated on 21 days a year. According to the ministry of law the questioner is not required to submit no objection certificate because he completed more than 2 years. Because the contract is limited, he cannot work for notice period.

Opinion and Relation:

I think that the response is fair and just because the company is responsible to pay their employees even if they don’t have work to accomplish. We can relate this case to what we have studied in chapter 2 about unethical behavior and about undue influence in chapter 6.

2- The questioner was working on a limited contract of 2 years in a school. After 6 months of working, the company terminated his contract because it is within the probation period. The offer that he signed mention that the schools probation period is nine months and 6 months is only for companies not schools as per the labor law. He was told by the school that he is not professional for his job. He is asking about his legal position and what about his termination as per the labor law? Is it within the probation period and what are his rights? Can he ask the Ministry of Labor incase his termination is not in the line with the labor law to reinstate him again in the school?

The response: According to the Federal Labor law No 8 of 1980, Article 37 states that the worker can be involved on probation for a period not exceeding 6 months, and his service can be terminated by the employer. So according to the article the probation cannot be increased and the school has dishonored the labor law and the have to pay the questioner. Actually a 6 month probation is relevant for the schools and the cant force the school to return the questioner.

Opinion and Relation:

I agree with the response and thinks that it is fair, and can it is related to what we have studied.

3- The questioner on June 2008 bought a property from a developer in Dubai, and he signed a contract with the developer and paid 60% of the contract value and the payment will be completed on June 2010. On the other hand, the questioner found out that the property is not ready and the construction is stopped for six months. The developer can extend the completion by only 6 months, but he delayed for more than 18 months. The questioner is asking if he allowed to file a case against the developer to claim compensation and to terminate the contract since the developer extended the completion period without telling the questioner. The developer told the questioner that he is violating the purchase agreement; however, the developer took the questioner’s money for more than three years and didn’t solve his problem. The questioner want to know if he can get his rights and compensation.

The response: The questioner can file a case before the competent court against the developer. He can claim for termination and compensation since the developer has broken the sale contract. The case should be studied and the competent court will pass a judgment.

Opinion and Relation:

I agree with the response because the developer should follow the law. We can link this case to what we have studied in chapter 6, about the mutual agreement.

Gulf News Legal Journal 7 (Employers cannot refuse to pay overtime wages), March 23, 2012:

1- The questioners had a an unlimited contract with a company for more than 2 years, and it is stated that their working hours are 8 hours a day. Before two month the company increased their working hours to 10 working hours a day and it is not considered as overtime. They are asking if the company has the right to terminate their contract if they didn’t follow the rule? Is the time that the worker spend in commuting to work included in the working hours?

The response: According to the UAE Labor Law, article 65 which states that the normal working hours of any worker shall be 8 hours a day, and it can be increased to 9 hours in the operations and this increase is authorized by the Minister of Labor and social report. The questioners should file a complaint to the Ministry of Labor in the employer refuses to pay overtime wages, and if he terminates the employees he will be in breach of the employment contract.

Opinion and Relation: I agree with the response and think it is fair because the company should give the employees their salaries according to the working hours which is mentioned in the contract. We can link this case to what we have studied in chapter 6, about void contract and that the company should give salaries due to the signed contract with their employees. Also we can link it to chapter 13 about the breach of contract .

2- The questioner was working on a limited contract of 2 years in a company. The contract was expired for more than 2 months The questioner tried to let the company renew the contract but they told him to wait. The questioner is asking what is his legal position in accordance with the labor law? He is also asking if he can continue to work without signing a new contract or his service considered as terminated?

The response: According to the Labor Law No. 8 of 1980 clause No.40 states that when the two parties continue to accomplish the contract without an expressed agreement, after the expiry of its period or completion of the work, the contract shall be estimated to extend on the same conditions other than respecting its duration condition.

Opinion and Relation: I agree with the response and I think that the law is just because it protects the workers from injustice and manipulating. We can link this case to what we have studied in chapter 7, about the undue influence and unconscionable contract.

3- The questioner worked as a teacher in a private school on 2 years limited contract. Before 1 month his services were terminated without a notice. He said that according to the labor law the disciplinary issue does not fall under clause No. 120. He was supposed to get an air ticket according to his contract, but he bought his own ticket when he came to UAE for the job. He don’t want to challenge the termination; however, he seeks to find new job. The company asked him to sign cancellation papers, but they didn’t notify him his dues. The questioner wants to know if the employer should pay him the salary for 3 months as compensation for terminating his contract without a reason? Can he ask a refund for the money he spent on the ticket? The company has his passport and he want to know where should he go or which authority he should contract to get his passport back so he can go to his country. Is it right that they let him sign the contract without giving him his dues? The company told him that he can get his dues only if he canceled his visa, and he will not get paid for compensation for termination.

The response: In this situation of failure to reach an amicable solution with the employer, he can file a complaint before the ministry of Labor in order to claim his rights. The questioner has to sign a paper issued by the Ministry of Labor before he signs any paper made by the sponsor. The questioner may claim the return tickets from his country to UAE if he had entered into the contract with the company and the latter brought him from his country. The questioner will get an explanation from the legal researcher whether he was dismissed arbitrarily or not. As for the passport, he can file complaint before the police to demand his passport or before the ministry because it is not accepted by law that the sponsor takes the worker passport. The questioner can ask the ministry to refer the complaint to the competent court if he feels that his termination is against the law.

Opinion and Relation: In my opinion, the response is fair because it will give the questioner his rights. I also think that the questioner shouldn’t sign on any agreement and pay for it until he makes sure that what he is signing on is registered. We can link this case to what we have studied in chapter 6 about the legality purpose and to chapter 10 about the unlicensed transaction.

Gulf News Legal Journal 8 (How to cancel martime insurance policy), March 30, 2012:

On November 1, 2011 the questioners obtained Ship Repairs Liability Policy from an insurance company and the policy didn’t include the following:

1. Lack of communication and premium warranty under the policy issued by them was not provided.

2. The company policy didn’t include any cancelation clause which should be included in all policies. The first client paid them 37,663.60 in the first quarter and the insurance company issued their receipt. After 3 days they cancelled the cover retroactively leaving the client without cover, and they didn’t inform him about their cancelation. This was reported t the insurance Authority for appropriate action and for the lawyers to handle the case. Both the correspondence and the written documents are available. He also took the efforts and met their senior managing director for a solution, but there was no use.

The response: According to Article No. 373. Paragraph No. 1of the Commercial Martime Law No.26 of 1981 stated that the insurance policy should include the following: The date, time and place of the contract shall be mentioned in the insurance contract, and also the name of the person contracting on behalf of him, the insured funds, insured risks, insurance amount and premium. In addition, according to Article 385 the insure obligations should follows: The insurance premium and expenses shall be paid by him. Concluding the contract a correct statement of all the conditions shall be submitted by him. He has to inform the increase occurring to insured risks to the insurer during the validity period. The law allowed the insurer to terminate the contract in two cases. Either failure to pay the premiums on time or increase of bearing the risks which was in both articles Nos. 386 and 389. Article No. 386 states that the insurer shall be entitled to stop the insurance and terminate the contract if the insured failed to pay the premium payable. The termination of the contract results in making the insurer to turn the premium against the effective risks. It is considered as violation of the insurance law if his insurance policy didn’t include determination for the premium and the date of paying the same. If the insurer terminated the contract because of the insured person didn’t fulfill the payments, the insurer shall notify the insured of the payments. If the insured didn’t pay the premiums, the insurer return the premium paid against the effective risks. Article No. 389 also gives the insured person the right to terminate the contract In paragraph 1, 2 and 3. The law has limited the case of terminating the martime insurance to two cases as it was mentioned, and if the cases are not applicable to the case of the inquirer he shall refer to the competent court to request the recovery. The reasonable compensation can be claimed.

Opinion and Relation: I agree with the response because it is just since the company must stick to their word and not change their opinion, but instead follow the law properly.

Gulf News Legal Journal 9 (False absconder complaint liable to be seen as forgery), April 27, 2012:

1- The questioner worked in a company for more than two years which unfortunately does not appreciate the efforts of employees. The company is given to filing false absconder complaints against workers and repudiating them their benefits. The questioner fear that his company is about to file an absconder complaint against him. What are the penalties the Ministry of Labor can impose on a firm if it is proved that it is filing false absconder complaints? Can a sponsor file an absconder complaint against a worker while the latter is not in the country? Can an employer terminate a member of staff who he is on annual leave?
The response: If it is proved to the Ministry of Labor that the absconder complaint made by a sponsor is false, such complaint will be deemed to be forgery in an official document and transfer the person to the Public Prosecution. An employer also can’t file an absconder complaint against a worker who is not in the country or terminate the services of an employee while he is on annual leave, as per the Labor Law.
Opinion and Relation:

In my opinion, it’s the worker fault, and the questioner can wait till the he come back to file a complaint against him. The law is fair and just

2- What are the circumstances under the decision taken to suspend a worker as per UAE Labor Law? If such decision has been taken, is the employer allowed to refuse the concerned worker’s salary and what is the maximum period for which the suspension will hold?
The response: According to Article 112 of the UAE Labor Law which provides the following: A worker may be temporarily suspended from work if he is blamed of obligating a careful offence involving attack on a person or property or crimes relating to honor and honesty. The worker shall not be entitled to his wage in respect of the period of the suspension. Where it is decided not to take the worker to court or the worker is innocent, he shall be reinstated in his work; he shall be paid his remuneration in full for the period of the suspension if it was cruelly contrived by the employer.
Opinion and Relation:

I agree with the law because the suspension law is similar in most countries, so the questioner will get his payments back.
3- The questioner worked in a company for more than five years on an unlimited contract but recently submitted my resignation. The questioner is asking if the end-of-service benefits shall be calculated on the basis of 21 days for each year and whether he is entitled to a return ticket to his home. The company says he must pay for his return ticket since he have stopped working for it. The questioner wants to go back to his country and return after six months but not sure if a labor ban would apply. Can the labor office enforce a ban on him for the reason that he submitted his resignation?
The response: According to Article 137 of the UAE Labor Law a worker who is bound by a contract of unlimited duration leaves his work of his own consensus after continuous service of not less than 1 year and not more 3 years, he shall be entitled to one third of severance pay provided for in the preceding article; if the period exceeds 3 years but does not exceed 5 years, he shall be entitled to two-thirds of such severance pay; if the period exceeds 5 years, he shall be entitled to the full severance pay. As for the return ticket, the questioner is entitled to the same despite his resignation, and he will not face a labor ban.
Opinion and Relation:

I agree with the law because workers are entitled to a return ticket, and since he completed more than the minimum period he can ask for his ticket.
4-The questioner bought a property from a developer, but an argument arose between them after the project was not completed on schedule. The questioner filed a case before the real estate court. He is asking if the court will refer the case to negotiation based on this clause? he don’t want to go for arbitration but the developer informed him that he will ask the court to refer the case to an arbitrator. Can the questioner insist that he be heard by Dubai Courts without going through the arbitration process. Can I write to the court with this request if his first hearing is on 15 May.
The response: The questioner must request the Court of First Instance to refer the case to arbitration. Such request will not be accepted after the first hearing. Having reviewed the documents submitted, the court may respond to the request of the beneficiary regardless of the questioner’s request.
Opinion and Relation:

In my opinion, I think that the questioner should be careful when he decide from whom to have a property.
Gulf News Legal Journal 10 (challenging employers not allowed during ban period), April 6 2012:

1- From November 2010 the questioner was employed on a 2 year limited contract. In January 2012, he resigned because he wanted to go to his country for personal reasons. The company gave him 1 year labor ban for not completing his contract, and it will ends this December. The questioner is asking if he can return to Dubai on a visit visa before the ban ends? Moreover, If he find a new employer, will there be a problem getting a work permit? What are the requirements to apply for a visit visa and what will it cost?
The response:

The questioner may apply for a visit visa through one of his relatives even if there is a ban; the requirements of visit visa is 3 photographs together with the application, Salary shall be Dh4,000 if the sponsor is related, namely; father or mother, Salary shall be Dh6,000 if the sponsor is the questioner’s brother or sister, Salary shall be Dh8,000 if the sponsor is a relative other than his mother, father or brother, Salary shall be Dh10,000 if the sponsor is the questioner’s friend. A 30-day visit visa costs Dh620 while a 90-day visa costs Dh1,120. In addition, a deposit of Dh2,000, refundable at the end of the visit, must be provided, and the questioner is not allowed to work with a new company until the one-year ban ends.
Opinion and Relation:

I agree with the response since it gives the workers their rights
2- The questioner is employed in UAE as an engineer, and his wife is on his sponsorship. Before 5 months she left the country after she became pregnant and there is nobody here to take care of her. Her doctor advised her to go back her country to take certain medical tests. She will not be able to return to the UAE for another 4-6 months. The questioner is asking how long his wife is allowed to stay outside the UAE while she is on his sponsorship. What is the procedure to bring her back after 4 or 6 months as she will spend more than 1 year outside UAE.
The response:

The questioner may apply at the General Directorate of Residency and Foreigners’ Affairs — Dubai and request from them to allow his wife to re-enter the country after providing proof on her inability to return to the UAE for the period mentioned.

Opinion and Relation:

I agree with the response and the law is reasonable because he can get his wife back.

3- The questioner has been terminated since 13 months from his services without a reason. It was his first job in the UAE, and he worked for them for about 10 months without confirming his employment. He remained on probation the whole time. On the beginning he worked on a visit visa as they asked him to do so. The he realized that it is against the law to keep an employee on probation for more than six months and also to make him work on a visit visa. The company terminated him without notice and without giving him salary. The questioner is asking if he can claim a notice salary and other dues legally after 13 months.
The response:

According to article No 6 of the Federal Labor Law No 8 of 1980 states that if the employer or the worker disputes any of the rights provided for any of them under this Law, he shall file an application to the competent labor department, which shall call both parties and take the action to settle the dispute amicably. In 3 days the court shall fix a hearing date and notify the parties. The court may call a representative of the labor department to clarify the content of the submitted memorandum. There is no claim for any of the rights provided for in this Law shall be heard if brought to court after the gap of one year from the date of accrual. The questioner cannot claim for any of his labor rights after the gap of a year.
Opinion and Relation:

I think that the law is fair since there should be a legal reason for terminating the contract.

Gulf News Legal Journal 11 (Resignation sent through email is valid as per law), April 13 2012:

1- The questioner have an unlimited contract and have submitted his resignation to the employer as there was some misunderstanding and the wrong place that he was told to work. His registration was rejected by the employer, and he left the company. The questioner was asked by his manager to report back to work as the resignation was not accepted by the employer, but he refused to go and sent him his registration by email. Actually, they didn’t reply or acknowledged his resignation. He heard that his registration was not accepted because it can’t be accepted through email. The questioner is asking whether an acknowledgement is necessary from them? Should he work during the notice period? Is it a legal way to send a resignation by email? The questioner didn’t complete two years with his employer and he is holding a bachelor’s degree. Can he join another company without the NOC from my current employer?
The response:
According to the Labor Law the resignation of the worker is not necessary to be approved by the employer and sending resignation via email is considered legal. The questioner shall approach the Ministry of Labor in the event of non-acceptance of such matter by the employer. The questioner can join a new employer and the NOC is not required from the employer as long as the questioner finds a job with a salary of Dh12,000 because the questioner has a bachelor’s degree.
Opinion and Relation:

The law protects the questioner from the lender lies. We can link this case to what we have studied in chapter 6 about committing fraud.

2- The questioner got a new job after he was terminated from another company. His services were forwarded to the bank because he had a loan. Actually, his employer sent his salary to the bank, but the bank is not releasing the amount because it wants a guarantor. The questioner tried many times to convince them but they are not willing to listen. How would a person pay if he don’t have anything, how will he survive? What are his family obligations? Do the bank also have a policy that says that a person should die just because he owes money to the bank? He forwarded the salary from his employer to the bank after he was terminated, and he will not run away from his obligation to the bank.
The response:

The questioner shall solve his problem with the bank amicably as since he has no option but to bring a guarantor. The bank has a blank cheque signed by the questioner and that the cheque can be used in case of non-compliance with the terms of the loan contract or if a payment is stopped.
Opinion and Relation:

Indeed I think the response is right, he should try to convince the bank to deposit something for granted.

3- The questioner worked in a company for more than 4 years under a contract for limited period which expires in June. Can he renew with a contract for unlimited period? What should he do if the employer insists on signing a limited contract? The questioner want to work for 1 year only and then start a business. In the cancellation of his sponsorship at the expiry of the new contract, will the Ministry of Labor enforce a ban on him?
The response:
The questioner may do another contract for unlimited period and the employer can’t force the him to sign a contract with a limited period as per the labor law. There will not be a ban imposed on the questioner at the time of cancellation, since the questioner has completed more than two years in service. Opinion and Relation:

I think that the law is just since the questioner completed the legal working period and he finished his contract. he is done with two years of service so no ban will be imposed on him and he cannot be forced.

4- The questioner has been employed in a Dubai-based company. She is pregnant and wants to deliver in her country since the company does not provide insurance or a government health card. The annual leave, salary and gratuity is included in her salary. The questioner asked the HR manager for maternity leave pay, and he said it was not possible. The contract states that she can gain of all the benefits. She is asking if she can complain and get all the benefits with annual leave pay.
The response:
The questioner essential labor rights are reserved, and according to the Labor law the right related to the paid maternity leave as well as her dues is rights of the questioner even if not provided in the employment contract. The questioner may file a complaint before the labour office if she failed to reach an amicable solution to get all her rights.
Opinion and Relation:

I agree with the response and think it is fair, because it is her right as a mother to have a maternity paid leave, and the company did not follow the rules of the contract.


What you have learned about UAE law after completing this project?

• After finishing the journals, I learned many things about the law especially about the UAE. One of the main things I learned about law is how to differentiate between an employee with a limited and unlimited contract. Moreover, I have known that if a problem occurred the place we should go to get our rights is the Ministry of labor. In addition, I also got more knowledge about the real estate laws, imposing bans on employees leaves before the contract ends.

What do you know now that you did not know before you started the project?

• I’ve learned a lot of things about the UAE law. When the semester started I had in mind that it is useless to study about the US laws since here in the UAE our culture and life style differs, but after summarizing the journals I realized that there are a lot of similarities in the law of both countries and that it is a good idea to study about US law to get more informed and knowledge. After finishing the projects and reading the cases I learned that I should be careful when signing an agreement because some people may fool us if we weren’t careful and aware.

• The 3 most important questions I came across are and why I think the students should read them:

1) One of the most questions I think is important question is Gulf News Legal Journal 9, April 27, 2012 Q2: End-of-service is a common thing that we will all go through when we what to resign. Thus, I think that everyone should know their rights and what is just to prevent themselves from the companies manipulation and injustice. By students reading this question they will know that they should file a labour complaint to the Ministry of Labour if they didn’t get their rights.

• The question in Gulf News Legal Journal 7, March 23, 2012 Q1 about Knowing the working hours in my point of view is important because it is good to know my rights and what is the law if I worked extra hours. I will be in the working field in our upcoming years and these leaves are considered one of our rights as employees.

• Another important question is Gulf News Legal Journal 2, February 10, 2012 Q4:Since the financial crises many companies went out of money and delayed the payment of salary of their employees or even fired them. So I think this question is important because it tell us what we can do if we didn’t get our salary and how to get our rights.…...

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