The Abu Dhabi Family, Civil and Administrative Cases Court has ordered a company to refund a bride Dh4,000 and fined it Dh5,000 as compensation.
The bride had contracted the company to prepare for her wedding ceremony, including organising a traditional henna procession with artificial flowers and other arrangements.
On the day of the event, it became evident that the preparations did not match what had been agreed upon and were not in accordance with the contract.
The henna booth was also found to be unsafe and prone to collapse. When the bride contacted the company, they attributed the issues to unforeseen weather conditions and offered to send a staff member to rectify what was possible.
In detail, the bride filed a lawsuit against the company, requesting the annulment of the contract due to non-compliance with its terms, a refund of Dh4,000, and compensation of Dh8,000 for the psychological and material damages she incurred.
She also requested that the appellee be obligated to pay the legal fees, expenses, and her lawyer's fees.
The bride pointed out that she had paid the company Dh2,000 upon signing the contract and subsequently transferred the remaining Dh2,000 to the appellee's account, but the company did not fulfil the contract. As a result, she had to hire another company to prepare for the ceremony at double the cost.
The court clarified that it was established through the contract that the plaintiff had paid Dh2,000 upon signing the contract and transferred the second instalment to the appellee's account.
The court added that despite being notified, the appellee did not appear before the court or present a defence.
Consequently, the court annulled the contract, ordered the appellee to refund the plaintiff Dh4,000, and mandated the appellee to pay Dh5,000 in compensation for all material and moral damages incurred by the plaintiff.
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The Abu Dhabi Judicial Department (ADJD) has issued a warning to travellers passing through the country against failing to declare "currencies, precious metals, and precious stones" of significant value at any point of entry in the UAE.
In its warning bulletins on its website, the department stated that travellers arriving in or departing from the Emirates via airports or ports must disclose any money, precious metals, and precious stones whose value exceeds Dh60,000. Failure to do so is a punishable offence.
Declaration Procedure
The Federal Authority for Identity and Citizenship, Customs and Ports Security (ICP), in cooperation with the Abu Dhabi Judicial Department (ADJD), has launched an advanced electronic system called "Afsah" to enable travellers arriving in and departing from the UAE to declare cash and other specified possessions totalling more than Dh60,000 or its equivalent in foreign currencies.
Under the "Afsah" system, each family member over the age of 18 has the right to carry an amount not exceeding this limit without disclosure. Any amount exceeding this must be declared through "Afsah" or other approved disclosure systems at the country's border crossings.
The amount carried by travellers under the age of 18 is added to one accompanying adult family member, provided that the total value of what they carry together does not exceed Dh60,000.
Cash amounts must be disclosed in accordance with previous controls through the system, either via the website or the smart version via the smartphone application, where the disclosure process and registration of data can be completed easily.
The system aims to ensure the security of travellers and their money in line with international laws and standards, and in harmony with the state’s directives and legislation, which enhance the country’s competitiveness and consolidate its position regionally and globally.
Fines
If a traveller violates the disclosure system and fails to declare cash and other specified possessions exceeding the permitted limit of Dh60,000, a customs fine will be imposed in accordance with the Unified Customs Law.
The traveller and the seized items will be referred to the competent law enforcement authorities.
The penalty for money laundering or carrying money in excess of what the law allows, or concealing the sources of money, metals, or precious materials whose value exceeds what the law specifies, is governed by Federal Law No. (20) of 2018.
Anyone found guilty of violating regulations regarding possession, concealment, or suspicious transactions with funds can be punished by imprisonment for a period of not less than three months and a fine of not less than Dh50,000, or by one of these two penalties, if there is sufficient evidence.
The UAE’s efforts at ensuring the disclosure of cash and cash equivalents aim to secure the smooth movement of people and funds through the country’s border crossings, combat money laundering and terrorist financing, and provide a safe and comfortable travel experience.
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If you are a resident in Dubai looking to obtain a commercial driving permit, this guide provides a comprehensive overview of the eligibility criteria, application process, and associated fees.
Whether you aim to drive a taxi, heavy vehicle, or any other commercial vehicle, understanding these details will help streamline your application process.
As Dubai continues to grow as a global hub for tourism, business and transportation, the demand for qualified commercial drivers has increased significantly.
A special driving permit is essential for residents seeking employment opportunities in the transportation sector, such as taxi drivers, delivery drivers, bus drivers and heavy vehicle operators.
These permits ensure that drivers are well-trained, medically fit and knowledgeable about the local traffic regulations, thereby enhancing road safety and service quality across the emirate.
Reasons Residents Pursue Special Driving Permits
Employment Opportunities: The booming economy of Dubai creates numerous job openings in the logistics and transportation sectors, making it an attractive option for residents seeking stable and well-paying jobs.
Compliance with Regulations: To operate commercial vehicles legally, a special driving permit is mandatory, ensuring that drivers meet the stringent safety and operational standards set by the Roads and Transport Authority (RTA).
Professional Advancement: For individuals already employed in driving-related jobs, obtaining a special permit can lead to career advancement, higher pay, and additional responsibilities.
Eligibility
To apply for a commercial driving permit in Dubai, applicants must meet the following requirements:
Age: Minimum age of 21 years for buses and heavy vehicles. For other commercial vehicles, the minimum age is typically 18 years.
Medical Fitness: Applicants must pass a medical fitness test, including an eye test, conducted at an RTA-approved facility. This ensures that the applicant is physically and mentally fit to drive.
Training and Testing: Enrol in a driving training programme at an RTA-approved driving institute. Applicants must pass both theoretical and practical driving tests.
Requirements
When applying for a commercial driving permit, you will need to provide the following documents:
* Copy of passport and residence visa page.
* Original and copy of Emirates ID.
* Two passport-sized photographs.
* Eye test report from an approved centre.
* No objection letter from the sponsor (if required by the traffic department).
How to Apply
Open a Traffic File: Visit an RTA-approved driving centre to open a traffic file.
Medical and Eye Test: Complete an eye test at an RTA-approved optical centre and obtain a medical fitness report.
Training: Enrol in a driving training programme at an approved institute and complete the required number of classes.
Theoretical Test: Pass the theoretical knowledge test, which assesses your understanding of traffic laws and safe driving practices.
Practical Tests: Successfully pass the yard test and the on-road driving test supervised by the RTA.
Service Fees
The fees for obtaining a commercial driving permit in Dubai can vary depending on the type of vehicle and the training programme selected. Here is a general breakdown:
* Safari Learning Permit: Dh200
* Safari Driving Permit: Dh300
* Occupational Driving Permit: Dh200
* Total Costs for Training and Testing: Typically range between Dh4,000 and Dh7,500, depending on the driving institute and any special offers available at the time.
Conclusion
Securing a commercial driving permit in Dubai involves meeting specific eligibility criteria, completing necessary training, and passing several tests.
By following the steps outlined and preparing the required documents, you can navigate the application process more efficiently.
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A group of Bangladeshi nationals were recently arrested for inciting riots and participating in protests across various streets in the UAE.
Chancellor Dr Hamad Saif Al Shamsi, the UAE Attorney-General, ordered an immediate investigation and referred the suspects to an "urgent trial."
According to a statement released by the prosecution, the demonstrators disrupted transportation and caused damage to both public and private property. The protesters also called for such demonstrations, recorded videos and uploaded them online.
Investigations revealed that the individuals committed several violations, including public assembly, protesting against their home country's government with the intent to cause unrest, obstructing the enforcement of laws and regulations, endangering individuals, blocking traffic and assaulting and damaging property.
These actions threaten state security and public order, potentially endangering the state's interests, said the prosecution, led by Attorney-General Counsellor Dr. Hamad Al Shamsi. The suspects remain in custody as further investigations continue.
Dr. Al Shamsi emphasised the importance of adhering to the nation's laws and warned residents against being influenced by such calls to action, noting that these constitute serious crimes with harsh penalties.
Legality of Holding Protests in the UAE and Associated Punishments
The UAE maintains strict laws regarding public assembly and protests. Unauthorised demonstrations and gatherings are illegal and can result in severe penalties. The legal framework in the UAE is designed to ensure public order and security, reflecting the nation's commitment to maintaining stability and safety for all residents.
Under UAE law, individuals involved in unauthorised protests or demonstrations can face serious charges, including incitement to riot, public disturbance, and property damage. These offences carry significant penalties, which may include imprisonment, fines, and deportation.
The severity of the punishments underscores the UAE's zero-tolerance policy towards activities that threaten public order and security. Residents are urged to refrain from participating in such actions and to respect the nation's laws.
Unrest in Bangladesh
Bangladesh is experiencing severe unrest, with protests erupting over the government's preferential hiring rules for civil service jobs.
Last week's confrontations between student demonstrators and police have resulted in at least 139 deaths, according to hospital reports compiled by AFP.
Meanwhile, Bangladesh's Supreme Court scrapped most quotas on government jobs after nationwide action led by students spiralled into clashes, but some organisers said the protests would continue.
Dismissing a lower court order, the Supreme Court's Appellate Division directed that 93 per cent of government jobs should be open to candidates on merit, Attorney General AM Amin Uddin told Reuters.
Prime Minister Sheikh Hasina's government had scrapped the quota system in 2018, under which 56 per cent of jobs were reserved for groups such as freedom fighters' families, women and people from underdeveloped districts.
But the lower court reinstated it last month, sparking the protests and an ensuing clampdown that included an internet shutdown and a curfew with the army on the streets.
The recent clashes followed similar violent protests ahead of January's national elections by Hasina's opponents in response to what they called her authoritarian rule, and by garment workers demanding better pay amid high inflation.
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Corporate tax is a direct tax on the net profits businesses and entities earn from their trade. The Federal Tax Authority (FTA) is responsible for the administration, collection and enforcement of this tax.
Implementation and Rates
In January 2022, the Ministry of Finance announced a Federal Corporate Tax (CT) rate of 9% on net business profits, applicable across all emirates. Companies with net profits exceeding Dh375,000 are subject to this tax at the specified rate.
The tax applies to businesses starting from their first financial year commencing on or after 1 June 2023, or January 1, 2024, as mandated by UAE Federal Decree-Law No. 47 of 2022. Companies must prepare their financial statements according to UAE accounting standards.
Purpose and Benefits
The introduction of corporate tax aims to enhance the UAE's status as a leading global hub for trade and investment, promote economic growth, adhere to international tax transparency standards and deter harmful tax practices.
Scope of Application
The corporate tax applies to:
* Individuals conducting business or engaging in commercial activities in the UAE through an unincorporated partnership or sole proprietorship.
* Entities incorporated in the UAE with a commercial licence.
* Foreign entities or individuals with a permanent establishment in the UAE.
Exemptions
According to the UAE government’s official portal, the following are exempt from paying corporate tax:
* Businesses engaged in the extraction of natural resources.
* Profits earned by UAE businesses from their shareholdings.
* Qualifying intra-group transactions and reorganisations.
* Personal earnings such as salary, investment in real estate, shares, securities, etc.
* Income from bank deposits, savings plans, dividends, capital gains, interest, royalties and other investment returns.
* Earnings of foreign investors who do not conduct business in the UAE.
Free Zone Companies
Free zone companies will continue to follow their pre-agreed regulations. However, these rules may change, and if free zone businesses trade with mainland businesses, they must pay corporate tax on that particular income.
Net Interest Expenditure Limitations
The UAE corporate tax law allows net interest expenditure up to 30% of adjusted Earnings Before Interest, Tax, Depreciation and Amortisation (EBITDA) or Dh12 million, whichever is greater. Any remaining net interest expenditure can be carried forward for up to 10 tax periods.
Net Interest Explained
"Net interest" refers to the excess of interest expenses over interest income. When calculating adjusted EBITDA, exempt income is excluded, and any interest related to exempt income is disregarded.
Tax Group Considerations
The net interest expenditure provisions apply to the entire tax group as a single taxable entity. This means the 30% cap and carry forward limits are calculated at the group level.
If the combined net interest expenses exceed Dh12 million and the group’s adjusted EBITDA is insufficient to offset these expenses, the 30% cap is enforced for the entire group.
This applies even if some group members individually have enough EBITDA to cover their interest expenses.
Subsidiary Changes and Group Dissolution
If a subsidiary leaves the tax group or there is a change in the parent company, net interest expenses remain within the group unless they are pre-grouping unutilised expenses of the subsidiary, which the subsidiary will carry forward.
If the group dissolves and the parent company remains taxable, the unutilised net interest expenses stay with the parent company. If the parent company ceases to exist, these expenses remain unutilised unless a new parent company replaces it.
In the case of a merger, the unused net interest expenses are accessible to the new parent company if it becomes the legal successor.
Handling Group Losses and Interest Expenditures
Within a tax group, various loss categories exist, including pre-grouping losses, restricted and unrestricted tax group losses, transferred losses, and those from business restructuring. However, there is no concept of restricted net interest expenditure like restricted tax group losses.
Additionally, a taxable person cannot transfer its net interest expenses to another entity, even in a business restructuring process.
Utilisation of Net Interest Expenditures
Net interest expenditures are offset in the sequence of their occurrence, after adjusting for the current period's net interest expenditures.
If multiple unused net interest expenditures originate from tax periods ending on the same date, there is no requirement to follow chronological order. Pre-grouping net interest expenditures can be utilised up to 30% of the group's adjusted EBITDA or Dh12 million, whichever is higher, provided the subsidiary has sufficient taxable income to offset these expenditures.
Transfer Restrictions
Unlike tax losses, net interest expenditure cannot be transferred between persons or groups under articles 37 and 38 of the law. Any unutilised net interest expenditure tied to a transferor ceases if the transferor exits.
Exemptions
The general interest deduction limitation rule does not affect banks, insurance providers and certain other taxable entities, such as those engaged in qualifying infrastructure projects, or those with loans taken out before December 9, 2022, without changes to the loan terms.
For these entities, their income and expenses are disregarded when calculating the tax group's total net interest expenditure and EBITDA.
Businesses and tax groups must carefully manage their net interest expenses and taxable income to ensure compliance with the UAE corporate tax law. Properly understanding and applying these regulations is crucial for optimising tax obligations and maintaining regulatory compliance.
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In the UAE, the approval of annual leave is largely at the employer's discretion, even if the leave application was submitted well in advance. This situation can be challenging for employees who have made travel plans based on their leave requests.
Employer's Discretion and Legal Framework
According to Article 29(4) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, employers have the right to set the dates of annual leave for their employees based on work requirements.
The law states, "The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee, or rotate leaves among employees for the smooth progress of work, and shall notify the employee of the date of his leave at least one month before the same."
This means that despite applying for leave two months in advance, your employer can legally reject your request if it conflicts with the company's operational needs or if leave rotations are necessary to ensure the smooth running of the business.
Employer's Obligation to Grant Leave
However, the law also mandates that employers must grant annual leave at least once every two years unless the employee agrees to carry forward the leave or receive payment instead of leave.
Article 29(8) of the UAE Employment Law specifies, "The employer may not prevent the employee from using his accrued annual leave for more than two years unless the employee wants to carry it over or be paid in place of leave according to the Establishment bylaws and as specified by the Executive Regulations of this Decree-Law."
Handling Leave Rejection
If your leave has been pre-approved in writing and then rejected, your employer might be obligated to cover any non-refundable travel expenses you incurred based on the approved leave.
While the UAE Employment Law and subsequent ministerial decrees do not provide explicit remedies for such cases, having written approval can strengthen your position in negotiations with your employer.
Recommendations for Employees
To avoid potential financial losses and ensure your travel plans are not disrupted, it is advisable to:
* Obtain written pre-approval for your annual leave from your employer.
* Plan your vacation only after receiving this written confirmation.
* Keep records of all communications and approvals regarding your leave.
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In the United Arab Emirates (UAE), understanding immigration and deportation processes is essential for both residents and newcomers.
These procedures are governed by well-defined legal frameworks to maintain public order, ensure security, and regulate residency.
Immigration
Federal Law No. (6) of 1973: UAE Immigration and Residence Regulations
To streamline immigration and residence procedures, the UAE has implemented Federal Law No. (6) of 1973. This law provides clear guidelines for the entry, residence, and employment of foreigners in the country.
Amended by Federal Decree-Law No. (17) of 2017, it aims to ensure orderly immigration processes while safeguarding national security and economic interests.
Key Points of the Law
Entry Requirements: Foreigners entering the UAE must do so through designated ports of entry with a valid passport and the appropriate visa or entry permit. Certain exemptions may apply as per Cabinet decisions.
Visas and Permits: The law categorises visas into various types, including visit visas for tourists and short-term visitors, and residence visas for those seeking long-term stay. The issuance, renewal, and cancellation of these visas are governed by the Federal Authority for Identity and Citizenship.
Work Regulations: Holders of visit visas are prohibited from working in the UAE without explicit permission. Employment is strictly regulated to ensure compliance with labour laws and protect both employers and employees.
Residence Permits: Foreigners intending to reside in the UAE for an extended period must obtain a residence permit. These permits are issued based on specific criteria, including employment, investment, or family sponsorship.
Registration Requirements: Upon arrival, foreigners must register their details with immigration authorities. Employers also play a crucial role in ensuring compliance by reporting changes in employment status or residence to the relevant authorities.
Penalties and Enforcement: The law imposes penalties for violations such as illegal entry, unauthorised employment, and forgery of documents. Penalties may include fines, imprisonment, and deportation, depending on the severity of the offence.
Special Provisions: Certain categories of individuals, such as diplomats and heads of state, enjoy exemptions from certain provisions based on international treaties and reciprocity agreements.
Implementation and Compliance
Federal Law No. (6) of 1973 emphasises the importance of co-operation between various governmental bodies to enforce its provisions effectively. It also provides mechanisms for the regularisation of illegal residency, offering opportunities for individuals to rectify their status within the legal framework.
Deportation
There are two primary types of deportation in the UAE:
Judicial Deportation: This type of deportation is issued under a court order against a foreigner convicted of serious crimes, including felonies punishable by imprisonment or offences involving sexual assault.
According to Article 121 of Law No. 3 of 1987 on the penal code, amended by Federal Law No. 34 of 2005 and further amended by Federal Decree-Law No. 7 of 2016, such individuals are mandated to be deported from the UAE.
Administrative Deportation: Administered by the Federal Authority for Identity and Citizenship, administrative deportation occurs for reasons related to public interest, security, morals, or health.
It can also be enforced if the foreigner lacks visible means of support. Individuals subject to administrative deportation may apply for removal through the General Directorate of Residency and Foreigners Affairs in their emirate.
Reasons for Deportation
Deportation orders are issued for various reasons, including criminal activities, threats to public safety and violations of residency regulations. Individuals may face deportation for failing to maintain lawful residency status or engaging in activities deemed harmful to society.
Lifting Deportation Orders
Foreigners under deportation orders may request a grace period upon posting bail to resolve ongoing interests in the UAE. Typically, this grace period, overseen by the Federal Authority for Identity and Citizenship, does not exceed three months.
Re-entry to the UAE after deportation requires special permission from the director general of the authority, involving a detailed application outlining previous residency permits, reasons for deportation, and justifications for return.
Blacklists and Administrative Lists
In addition to deportation, individuals may be placed on blacklists or administrative lists, restricting entry to or exit from the UAE. Blacklists include individuals convicted of crimes, those posing threats to public security, or those with outstanding financial obligations.
Administrative lists cover individuals such as domestic helpers who violate residency rules or abscond from sponsors.
Lifting Names from Lists
Names on blacklists or administrative lists can be lifted under specific conditions set by competent courts, ministerial decisions, or relevant government authorities. Procedures vary based on the reasons for listing, emphasising compliance with legal requirements.
Understanding and Compliance
Understanding these immigration and deportation procedures is essential for anyone residing or planning to reside in the UAE, ensuring adherence to local laws and avoiding legal repercussions.
This combined guide provides essential insights into navigating UAE's immigration and deportation processes, promoting informed decisions and legal compliance.
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When dealing with bounced cheques in the UAE, it's important to understand the legal remedies available to recover your money.
If a cheque issued by a client bounces due to insufficient funds, here are the steps you can take to reclaim your funds.
Legal Framework for Execution Cases
According to Article 212 of Federal Decree-Law No. 42 of 2022 on the Civil Procedures Law, you can file an execution case, also known as a 'Writ of Execution,' against the drawer. This law outlines several key points:
Compulsory Enforcement: Can only be carried out under a writ of execution for a verified, urgent, and specified right.
Writ of Execution Types:
* Judgments and orders, including penal judgments with refunds, compensation, fines, and other civil rights.
* Authenticated documents.
* Court-ratified conciliation minutes.
* Other documents granted such capacity by the law.
* Execution Process: The execution may only take place under a stamped copy of the writ of execution.
* File Closure: If no action is taken for over a year, the execution judge may order the temporary closure of the file.
* Validity Period: Writs of execution are valid for 15 years from the last executory transaction or issuance without enforcement.
Filing Execution Proceedings
Suppose you obtain an execution order in your favour. In that case, you can file execution proceedings as per Article 667 of Federal Decree-Law No. 50 of 2022 on the Commercial Transactions Law and Articles 233-238 of the UAE Civil Procedures Law.
The relevant court will notify the drawer, including details such as the cheque amount, court fees, legal costs, and other fees.
The drawer may propose to deposit part or the whole execution amount to the court’s treasury in favour of the drawee as per Article 235. If the drawer fails to pay within seven days of notification, the court may issue an arrest warrant and impose a travel ban for amounts exceeding Dh10,000.
Additional Provisions for Dishonoured Cheques
Articles 663-667 of the UAE Commercial Transactions Law outline the recourse available for dishonoured cheques, allowing the bearer to seek compensation from the drawer and endorsers. This requires presenting the cheque within the legal timeframe and proving dishonour through a protest or a statement by the drawee.
Alternative Legal Actions
For a swift resolution, you might also consider filing a commercial case before a competent court in the UAE. Start by serving a legal notice to your client. If the client fails to settle the cheque amount, you can proceed with the case, including a copy of the dishonoured cheque and other documentary evidence.
By following these legal steps, you can efficiently address the issue of bounced cheques and recover the money owed to you.
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In a recent high-profile case, Dubai authorities decided to drop charges of attempted suicide against Tori Towey, an Irish national.
The case also involved mutual assault charges between Tori and her South African husband, which were later withdrawn following the couple's reconciliation.
The Dubai Public Prosecution opted to drop the attempted suicide charges against Tori, taking into account the circumstances and aiming to support her return to normal life. Similarly, the mutual assault charges were withdrawn after the couple reached a compromise.
Sinn Féin leader Mary Lou McDonald and Irish premier Simon Harris intervened, with the Irish government providing consular assistance to Tori throughout the proceedings.
Legal Perspective: UAE Laws on Suicide and Assault
Suicide and attempted suicide were previously criminalised under UAE law, carrying severe penalties. However, the UAE has since implemented reforms to decriminalise suicide attempts.
Despite these changes, individuals who attempt suicide can still potentially face up to six months in prison or a fine of up to Dh5,000. Courts retain the discretion to mandate treatment at a medical facility instead of incarceration.
Article 335 of the UAE Penal Code outlines penalties for attempted suicide, including imprisonment or fines. Federal Decree-Law No. 31 of 2021, an updated penal code, reaffirms these penalties while stressing judicial flexibility in directing individuals towards treatment facilities.
Assault Charges
The UAE law addresses assault charges strictly, with penalties depending on the severity and circumstances of the case. In Tori Towey's case, mutual complaints were filed, but reconciliation led to the withdrawal of charges.
Legal Process and Authorities' Role
The Dubai Public Prosecution is the central authority in such cases, ensuring legal processes are followed and justice is served. The Ministry of Human Resources and Emiratisation (MoHRE) provides guidance and oversight in labour-related disputes, including those involving expatriates.
Support Systems for Mental Health in the UAE
The case of Tori Towey underscores the importance of understanding the legal intricacies in the UAE, especially concerning suicide and assault.
While the country has made strides in decriminalising certain acts, the legal framework still poses significant challenges for individuals. The support from the Irish government and advocacy groups like Detained in Dubai played a crucial role in resolving this case.
As the UAE continues to modernise its laws, awareness and support systems remain vital for expatriates navigating these legal landscapes.
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Federal Law by Decree No. (31) of 2021: Crimes and Penalties Law governs the United Arab Emirates' criminal justice system, ensuring adherence to Islamic Sharia for crimes such as retribution (Qisas) and blood money (Diya), while other offences and penalties are defined by this law and existing penal codes.
It upholds the fundamental principle that no individual can be convicted for a crime committed by another, emphasising the presumption of innocence until proven guilty under the law.
The law applies to crimes outlined in other penal laws, unless exceptions are specified and defines a "public servant" broadly to include officials across federal and local governments, encompassing roles in legislative, executive, administrative and judicial capacities.
This includes individuals appointed or elected, spanning ministries, Armed Forces, security agencies, judicial bodies, legislative and municipal councils, public entities, corporations and associations partially or wholly owned by the government.
The law clarifies that even temporary or voluntary roles related to public service fall under its provisions, ensuring accountability regardless of employment terms.
Public funds under this law include those owned by federal or local authorities, entities, corporations, or associations with government ownership, ensuring transparency and accountability in financial management.
It further stipulates that regardless of termination of employment, provisions of this law apply to crimes committed during the tenure of public service.
Regarding temporal application, crimes are punished according to the law in force at the time of the act, irrespective of when consequences materialise. Spatially, the law asserts jurisdiction over crimes committed within the UAE's territory, including territorial waters and airspace.
It also addresses crimes committed abroad by UAE citizens or affecting national security, ensuring prosecution upon return to the UAE.
Material elements of a crime include consummated crimes and attempts, with attempts punishable based on the severity of the intended crime. Moral elements involve intention or error, holding perpetrators accountable for actions based on their intent or negligence, regardless of motive.
Criminal complicity provisions detail direct and indirect involvement in crimes, ensuring all accomplices face appropriate penalties based on their role and knowledge.
Crimes Categorised under Federal Law
Under the Federal Law by Decree No. (31) of 2021, crimes in the UAE are categorised into three main types: felonies, misdemeanours and infractions, each carrying distinct penalties based on the severity of the offence.
Felonies
Felonies under UAE law encompass the most serious offences, including crimes punishable by Qisas penalties, death, life imprisonment, or temporary imprisonment.
Qisas penalties involve crimes of retribution where the punishment is directly related to the harm caused to the victim. The death penalty and life imprisonment are self-explanatory, with temporary imprisonment being for a specified period deemed appropriate by the court.
Misdemeanours
Misdemeanours are less serious offences compared to felonies but still warrant substantial penalties. These crimes include acts punishable by imprisonment, fines exceeding Dh10,000, or Diya (blood money).
The amount of Diya for manslaughter is specifically set at Dh200,000 under the law. Misdemeanours cover a wide range of offences that are considered more serious than infractions but less severe than felonies.
Infractions
Infractions are minor offences that do not rise to the level of misdemeanours or felonies but still carry penalties. These include acts punishable by short-term custody (ranging from 24 hours to 10 days) or fines not exceeding Dh10,000.
Infractions typically involve breaches of regulations or minor violations that do not pose significant harm or threat to public safety.
Punishments
Imprisonment: This can range from temporary imprisonment for a specific period to life imprisonment, depending on the severity of the crime.
Fines: Monetary penalties are imposed based on the offence committed, with specific amounts outlined in the law.
Diya (Blood Money): Specifically applicable in cases of manslaughter, where compensation is paid to the victim's family as per Islamic legal principles.
These categorisations and punishments ensure that the UAE legal system maintains order, protects societal interests, and upholds justice by proportionally addressing the seriousness of each offence.
The law aims to provide clear guidelines for legal practitioners, ensuring consistency and fairness in the application of justice across all levels of the judicial system.
Types of Crimes Punishable under UAE Law
Drug Offences
Drug offences in the UAE are strictly governed by a zero-tolerance policy. The possession, use, or trafficking of illegal drugs, including recreational and prescription substances obtained unlawfully, is strictly prohibited. Familiarity with the UAE's list of banned substances is essential to prevent inadvertent breaches.
Possession of illegal drugs constitutes a criminal offence in the UAE, with penalties varying based on the type and quantity involved. For instance, possession of small amounts for personal use can lead to imprisonment for up to two years and fines of up to Dh10,000.
Trafficking in drugs incurs severe penalties, ranging from a minimum of 10 years' imprisonment to life imprisonment or the death penalty for large quantities.
The UAE employs strict regulations, including drug testing upon entry, to enforce its zero-tolerance policy. Notably, the UAE does not differentiate between recreational and medicinal drugs, underscoring the need for proper documentation when carrying prescription medications.
Cybercrimes
As technology advances, cybercrime poses an increasing threat in the UAE. The government has enacted rigorous laws and regulations to combat cyber threats and their legal implications effectively.
Hacking is one of the prevalent cybercrimes in the UAE, defined as unauthorised access to computer systems or personal accounts. The UAE Cybercrime Law of 2012 criminalises hacking, imposing substantial penalties including imprisonment and fines based on the severity of the offence.
Identity theft, another significant cybercrime, involves stealing personal information for fraudulent purposes. Perpetrators of identity theft in the UAE face severe legal consequences, including imprisonment and hefty fines.
Phishing, a form of cybercrime involving deceptive emails or websites to obtain sensitive information, is strictly prohibited. Offenders can expect imprisonment and substantial fines under UAE law.
The UAE has also implemented measures against online fraud, targeting fraudulent activities conducted through digital platforms. Legal penalties for online fraud include imprisonment and fines, reflecting the seriousness with which the UAE addresses financial crimes.
Cyberbullying, defined as using digital platforms to harass or intimidate others, is subject to stringent laws in the UAE. Perpetrators of cyberbullying can face imprisonment and fines, underscoring the UAE's commitment to protecting individuals from online harassment.
Moreover, the dissemination of fake news and misinformation online is considered a criminal offence in the UAE. Those found guilty of spreading false information face legal consequences, including imprisonment and fines.
To enforce these laws effectively, the UAE has established specialised units within law enforcement agencies dedicated to combating cybercrime. These units collaborate nationally and internationally to enhance cybersecurity measures and prosecute offenders.
Fraud
Fraud is a serious offence under UAE law, encompassing various deceptive practices that undermine financial integrity and trust. Understanding the legal framework and consequences of fraud in the UAE is essential for residents and visitors to avoid legal repercussions.
The UAE Penal Code defines fraud broadly, including activities such as forgery, embezzlement, bribery, and identity theft. Financial fraud, involving deceptive practices to unlawfully obtain money or assets, is rigorously prosecuted in the UAE.
Penalties for fraud-related offences in the UAE can be severe, including imprisonment, fines and asset confiscation. The severity of penalties depends on the specifics of the case and the amount of financial harm caused.
The UAE authorities are proactive in combating fraud, employing specialised departments such as the Anti-Economic Crimes Department to investigate and prosecute offences effectively. International cooperation further strengthens efforts to combat cross-border financial crimes.
Recent advancements in UAE cybersecurity infrastructure also address online fraud, protecting individuals and businesses from digital financial crimes. Awareness of cybersecurity measures and best practices is crucial for safeguarding personal and financial information in the UAE.
Criminal Liability for Assault and Violence in the UAE
Assault and violence offences in the UAE are rigorously addressed under the UAE Penal Code, highlighting the legal consequences for perpetrators of such acts.
Assault encompasses actions involving force or threats against another person, ranging from physical attacks to verbal intimidation. Penalties for assault vary based on the severity of harm inflicted on the victim.
Minor assaults resulting in minor injuries or threats can lead to misdemeanour charges, with potential fines or short-term imprisonment. However, assaults causing serious injuries or endangering life result in felony charges, carrying longer imprisonment terms.
Violence extends beyond physical harm, encompassing behaviours like stalking, harassment and domestic violence. The UAE recognises these offences with specific legal protections for victims.
In cases of domestic violence, the UAE has implemented specific legislation to address this issue. The UAE Federal Law No. 35 of 2020, known as the “Protection from Domestic Violence Law,” aims to safeguard victims and hold perpetrators accountable.
This law provides victims with the right to obtain protection orders, access to shelters, and legal assistance.
The penalties for violence can vary depending on the severity of the offence. For instance, stalking or harassment can result in imprisonment for up to one year or a fine.
However, if the violence leads to serious injuries or death, the penalties can be much more severe, similar to those for assault.
It is important to note that the UAE law also considers the mental state of the perpetrator when determining criminal liability. If the assault or violence is committed under the influence of drugs or alcohol, the penalties may be increased. Additionally, if the perpetrator has a history of similar offences, the court may impose harsher punishments.
Human Trafficking
Human trafficking is a grave violation of fundamental human rights, exploiting individuals for purposes such as forced labour, sexual exploitation and organ trafficking. The UAE has instituted stringent laws and a robust legal framework to combat this heinous crime.
The UAE’s commitment is underscored by its ratification of international conventions, including the United Nations Convention against Transnational Organised Crime and its Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children. These agreements provide a comprehensive framework for effectively tackling human trafficking.
Under UAE law, human trafficking is defined under Federal Law No. 51 of 2006 on Combating Human Trafficking and its amendments. The law criminalises the recruitment, transportation, transfer, harbouring, or receipt of individuals through force, coercion, deception, or abuse of power for exploitation.
This law categorises trafficking into various forms, such as forced labour, sexual exploitation and organ trafficking, each with distinct penalties. Trafficking for forced labour is punishable by a minimum of five years imprisonment and a fine of at least 100,000 UAE dirhams, while trafficking for sexual exploitation carries a minimum penalty of 10 years imprisonment and a fine of no less than Dh100,000.
The UAE has established specialised courts and dedicated law enforcement units. These bodies are tasked with investigating and prosecuting human trafficking offences, ensuring that perpetrators are brought to justice.
Additionally, the UAE provides comprehensive victim support measures, including shelters, counselling services, and legal aid.
The UAE also extends its anti-trafficking efforts globally, cooperating with international organisations and other nations through bilateral agreements and memoranda of understanding to enhance collaboration in areas such as information sharing, capacity building, and victim assistance.
White-Collar Crimes and Corporate Fraud
White-collar crimes and corporate fraud pose serious threats to individuals and businesses in the UAE. The UAE has stringent laws to address these offences, ensuring justice and maintaining economic stability. This article delves into the various white-collar crimes and corporate fraud offences recognised under UAE law.
Embezzlement is a prevalent white-collar crime in the UAE, involving the misappropriation of entrusted funds or property for personal gain. The UAE Penal Code addresses embezzlement with strict penalties, including imprisonment and substantial fines.
Bribery, involving the exchange of value to influence decisions, is also a serious offence, with stringent anti-bribery laws to ensure transparency and fairness in business dealings.
Fraud, encompassing deception for personal gain through false representation or manipulation of information, is rigorously penalised under UAE law. This includes identity theft, credit card fraud, and insurance fraud, all subject to severe penalties.
The UAE Penal Code specifically outlines various forms of fraud, ensuring that perpetrators face significant punishment.
Corporate fraud targets businesses through activities like accounting fraud, insider trading, and money laundering, undermining investor confidence and economic stability. The UAE has established comprehensive regulations and laws to combat corporate fraud, protect businesses, and maintain economic integrity.
Specialised agencies in the UAE are dedicated to investigating and prosecuting white-collar crimes and corporate fraud, collaborating with law enforcement and other entities to ensure justice. The UAE’s proactive approach to prevention, detection, and prosecution underscores its commitment to combating these crimes.
Criminal Procedure and Rights of Defendants in the UAE
The UAE has a comprehensive legal system that safeguards the rights of defendants in criminal cases, governed by Federal Law No. 35 of 1992, also known as the UAE Penal Code. This law outlines crimes, punishments, and defendants' rights throughout the legal process.
A fundamental principle in the UAE legal system is the presumption of innocence, enshrined in Article 38 of the UAE Constitution, stating that the accused is innocent until proven guilty with all necessary defence guarantees. Defendants have the right to legal representation, ensuring fair trials and protection of their rights.
They are informed of the charges against them, with detailed explanations of allegations and evidence, enabling effective defence preparation.
Defendants can present evidence and witnesses, challenging the prosecution’s case and supporting their innocence, ensuring a fair trial. They also have the right to remain silent, protected from self-incrimination, ensuring they are not forced to confess or provide evidence against themselves.
UAE law mandates a speedy trial, ensuring timely resolution of cases, preventing unnecessary delays, and allowing defendants to move forward with their lives or face justice.
Defendants are protected from torture or cruel treatment, aligning with international human rights standards. This prohibition ensures defendants are treated with dignity and respect.
In conclusion, these categorisations and punishments ensure that the UAE legal system maintains order, protects societal interests, and upholds justice by proportionally addressing the seriousness of each offence.
The law aims to provide clear guidelines for legal practitioners, ensuring consistency and fairness in the application of justice across all levels of the judicial system.
In the UAE, expressing candid critiques or negative reviews online can lead to legal battles and hefty fines, as businesses become increasingly vigilant in safeguarding their reputations.
Last year, for example, a woman in Dubai was found guilty of defamation for an Instagram post that "damaged a hospital's reputation".
She had posted a video clip calling it the "worst hospital" and alleging that the doctors were incompetent. A case was filed under the cybercrime law, and she was fined and instructed to delete the video.
Similarly, in May 2020, the Public Prosecution convicted a woman for defamatory remarks about a medical centre on Google and Instagram.
She criticised the centre for providing "the worst service you can imagine" and alleged that positive reviews on its social media platforms were fake.
The court fined her Dh5,000, confiscated her phone, and closed all her social media accounts. On appeal, the court upheld the charge, deeming the phrases used a crime of defamation.
Digital Libel
In the age of social media, feedback has a much broader reach than traditional word of mouth, presenting new challenges. Reviews are no longer private, and the risk of reputational damage by dissatisfied customers is higher.
Digital libel is considered more harmful due to its enduring nature, as it can be archived, made more engaging through real-time interactions like live streams, podcasts and video recordings, shared to a global audience, made viral, posted anonymously and accessed indefinitely.
Can Businesses Sue Someone for Writing a Negative Review?
Yes, if the review is insulting, exaggerated, malicious, misleading, incorrect, or advises others not to patronise the business, the provisions of the penal code and cybercrime law will apply.
A company can file both criminal and civil cases to demand the restoration of its reputation and compensation.
Under Federal Law No 34 of 2021, defamatory statements made online can lead to criminal charges, and civil lawsuits for damages can also be pursued simultaneously.
Constructive criticism or opinions based on genuine experiences generally do not constitute defamation as long as they are not insulting or made with malicious intent. However, even factual statements that lead to reputational damage can be considered defamatory.
A negative review expresses dissatisfaction with a product, service, or business based on the reviewer's honest and factual experience, aiming to provide constructive feedback without making false statements.
In contrast, a defamatory review contains false statements and goes beyond mere opinion or criticism, which can lead to legal consequences.
Defamation Law
Any person who publicly defames another by alleging a fact could face a jail sentence of up to two years or a fine not exceeding Dh20,000.
Under Article 425 of the Penal Code, this offence is considered a criminal act, aiming to protect individuals from accusations or statements that may harm their reputation or subject them to legal consequences.
If defamation is committed through publishing in a newspaper or other publication, it is considered an aggravating circumstance, resulting in more severe punishment. Article 426 deals with public insults that injure another person’s honour or dignity without imputing a specific fact.
Unlike defamation (Article 425), which involves claiming a specific defamatory fact that could result in punishment or contempt, Article 426 focuses on general offensive remarks or name-calling that degrade someone's honour or dignity without making specific allegations.
Under Article 428 of the UAE Penal Code, defamation is not a crime if the perpetrator can prove the incident attributed to the victim, specifically involving public officials or persons assigned to public service.
Thus, simply proving the truth is not sufficient unless it is related to the conduct of a public official in their official capacity.
Cybercrime Law
Under the UAE cybercrime law, the dissemination of false information is strictly prohibited and carries severe penalties.
It targets modern platforms used to spread, publish, republish, circulate or recirculate fake news or data, or false, malicious, misleading, or incorrect reports or rumours that contravene officially announced news.
This law aims to protect public health, public peace and combat the spread of false information and rumours that can have detrimental effects on society and public order. Violators may face imprisonment for at least one year, along with a fine of not less than Dh100,000.
The penalty increases to two years in jail and a minimum fine of Dh200,000 if the crime is committed during pandemics, emergencies, and crises.
Since the law specifically targets false and misleading information, a key defence is demonstrating that the information shared is true and not intended to mislead or provoke, to avoid penalties.
The law also aims to protect individuals from defamation and harmful statements made through digital means. It states that anyone who insults another person or attributes to them an event that may subject them to punishment or contempt by others shall be subject to detention and/or a fine.
The minimum fine is set at Dh250,000, while the maximum fine is Dh500,000.
Consumer Protection Law
If a consumer has a bad experience, they can exercise their rights under Federal Law No 15 of 2020 on Consumer Protection.
This law ensures that consumers are protected and entitled to fair treatment, accurate information and compensation for damage caused by defective products or poor services, holding businesses accountable for their actions.
Pursuing compensation under this law is more beneficial than seeking vengeance through reviews, as it provides a legal avenue to address grievances and obtain fair remedies for any harm suffered.
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In Dubai, a landlord may evict a tenant either before or upon the expiry of a tenancy contract. To do so, the landlord must serve a 12-month notice through a notary public. Permissible scenarios include:
* The landlord intends to demolish and reconstruct the property after obtaining necessary permissions from local authorities.
* Required restoration or repair of the property cannot be carried out while it is occupied by the tenant.
* The landlord or their first-degree family members wish to reside in the property, provided they do not have an alternative residence in Dubai and will live there for at least two years after taking possession.
* The landlord wishes to sell the property.
This is stipulated under Article 25(2)(c) of Law No. 33 of 2008 Amending Law No. 26 of 2007, which regulates the relationship between landlords and tenants in Dubai.
The law states: "Upon expiry of the lease contract, the landlord may seek eviction of the tenant from the real property only if: (c) the real property owner wishes to retake possession of the real property for his use or use by any of his first-degree relatives, provided that the owner proves that he does not own any alternative real property that is suitable for his purpose."
For this eviction, the landlord must notify the tenant of the reasons at least twelve months before the date of eviction, and the notice must be served through a notary public or by registered mail.
Furthermore, Article 26 of the Amended Rent Law specifies that if the landlord retakes possession of the property for their use or use by first-degree relatives, they may not rent it to a third party for at least two years in the case of residential property, or three years for non-residential property, from the date of taking possession.
If the landlord violates this, the tenant may request fair compensation from the Tribunal. Following these provisions, a landlord can evict a tenant by serving a 12-month notice through a notary public.
Upon taking possession of the property, the landlord may not rent it to any third party for at least two years from the date of possession.
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The UAE is prohibiting companies from offering or applying very low prices for production, transfer and marketing in a monopolistic manner to drive other companies out of competition.
The new law defines competition as the act of conducting economic activities based on market mechanisms that do not harm trade, development, or consumer interests.
This aims to ensure fair competition, prohibit monopolistic practices among all companies and protect consumer rights in the country. The law will also regulate mergers and acquisitions (M&As) in the local market.
The Ministry of Economy will monitor and coordinate with local authorities for inspections to ensure fair competitive practices in the country. The authority can also act upon receiving a complaint.
This was announced during a media briefing, revealing details of Federal Decree-Law No. 36 of 2023 on competition regulation, which promotes and protects competition, combats monopolistic practices and counters harmful economic concentration in the UAE.
The fines and penalties for companies are under review and will be released once the Cabinet approves them.
Abdullah Ahmed Al Saleh, Undersecretary of the Ministry of Economy, said the new law aims to combat monopolistic practices by ensuring a stimulating environment for enterprises, enhancing effectiveness, competitiveness and protecting consumer interests.
“It also promotes the market economy and economic activities in line with the principle of economic freedom and ensures that economic concentration is monitored. Its articles address all conditions that may undermine, limit, prevent, or restrict competition...
Ensuring consumer protection from anti-competitive practices, promoting economic efficiency, marketing, and R&D are also key goals,” he added.
Conditions
The new law clarifies that economic concentration (which means the dominance of a small number of firms within a particular industry) involves any act resulting in the complete or partial transfer (merger or acquisition) of ownership or usufruct rights of property, rights, equity, shares, or obligations of an establishment to another, empowering the establishment or group of establishments to directly or indirectly control another establishment or group of establishments.
The law takes into consideration the annual sales value of the enterprises concerned and not only the total share of such enterprises involved in the economic concentration process.
Two conditions must be satisfied to successfully complete the process of economic concentration.
The first condition indicates that the total value of annual sales of such establishments in the relevant market, for the last fiscal year, shall exceed the amount determined by the Cabinet, upon the minister's proposal.
The second condition states that the total share of such establishments shall exceed the percentage of the total transactions in the relevant market during the last fiscal year, as determined by the Cabinet.
The Executive Regulation of this law establishes the controls for submitting the application for economic concentration, the documents to be attached, and its examination mechanisms.
The ministry said that companies can submit their views on the Application for Economic Concentration project and also provide any data or information that would help study the request, in line with global best practices in the field of competition.
The ministry elaborated that efforts are currently underway to develop a more agile and sustainable competitive system, including the launch of more pioneering legislation, initiatives, and programmes to make the UAE a global hub for the new economy within the next decade.
The law assigns new responsibilities to the Competition Regulation Committee, such as proposing the general policy for protecting competition, scrutinising issues related to the application of the provisions of this law, and making recommendations.
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The Abu Dhabi Federal Appeals Court - State Security Department convicted 53 defendants, including leaders and members of the terrorist Muslim Brotherhood organisation, along with six companies, in Case No. 87 of 2023 – State Security Offences.
Known in the media as the terrorist ‘Justice and Dignity Committee’ Organisation, the case resulted in penalties ranging from life imprisonment to fines of Dh20 million.
The Court sentenced 43 defendants to life imprisonment for establishing, managing and participating in the terrorist ‘Justice and Dignity Committee’ Organisation with the intent to carry out terrorist acts within the country.
Additionally, five defendants were sentenced to 15 years in prison for collaborating with the ‘Reform Call’ Organisation and promoting it through articles and tweets on social media, with prior knowledge of its intentions against the country.
Five more defendants received 10-year prison sentences and fines of Dh10 million each for laundering money obtained through the creation, establishment and financing of a terrorist organisation.
Furthermore, the Court imposed penalties on six companies and their responsible individuals, fining each company Dh20 million, dissolving and closing their headquarters and confiscating their assets, both tangible and intangible.
This includes real estate, equipment and belongings used in the commission of the aforementioned crimes, which involve money laundering by an organised criminal group to finance a terrorist organisation.
The Court dismissed the criminal cases against 24 defendants for cooperating with and financing the organisation, and acquitted one defendant.
The ruling, issued on July 10, stated that the crimes for which the defendants were convicted --establishing and managing the terrorist ‘Justice and Dignity Committee’ Organisation -- were distinct and unrelated to those in Case No. 79 of 2012 - State Security Offences.
The evidence, including confessions, witness testimonies, and technical reports, was sufficient to prove the defendants' commission of the crimes.
‘Reform Call’
The Court confirmed that the defendants were part of the ‘Reform Call’ Organisation (the Muslim Brotherhood, classified as a terrorist organisation), and had aimed to instigate violent events in the country, similar to those in other Arab states.
This included protests and clashes with security forces, leading to deaths, injuries, and the destruction of facilities, which spread panic and terror among the populace, threatening national security, stability, and sovereignty.
The verdict can be appealed before the Federal Supreme Court.
The trial included 10 hearings, during which the Court ensured the defendants’ rights and guarantees were protected as per the law.
Defendants were allowed to choose their attorneys, with an attorney appointed for those who did not.
The Court heard the defences, attorneys’ arguments and reviewed written defence memorandums.
Witnesses' testimonies were heard during public sessions, allowing cross-examination by defendants and their attorneys. The Public Prosecution presented its evidence, including defendants' confessions, state security officers' testimonies and expert reports.
This evidence corroborated the crimes and demonstrated the defendants’ involvement.
The Court emphasised that these crimes were separate from those in Case No. 79 of 2012 - State Security Offences and that the convictions were made according to the laws in effect at the time, adhering to the principles of non-retroactive criminal penalties and double jeopardy.
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One of the most frequently asked questions concerns the rights of landlords and tenants regarding rent increases and eviction notices in the UAE.
The lack of clarity around these issues has caused many tenants, unaware of their legal rights, to fall victim to arbitrary or unfair actions by their landlords.
This article aims to provide a comprehensive overview of both landlords' and tenants' rights and to clarify the legal process surrounding rent increases and eviction notices.
For this update, it is important to highlight two key laws:
* Law No. 26 of 2007 on the Organisation of the Relationship between the Lessors and Tenants in the Emirate of Dubai – the original Landlord and Tenant Law.
* Law No. 33 of 2008 (Landlord and Tenant Law), which brought in amendments to the 2007 law and is the law in use today.
The Rent Freeze Announcement
In January 2021, the Dubai Land Department (DLD) announced that a new law could be passed that would freeze rental agreements for three years.
However, specific details of the implications were not included. Tenants, pleased by this announcement, expected their current rental agreements to 'freeze' without due research or consideration.
This confusion led to many tenants not taking proper action to negotiate their rental agreements with their landlords, resulting in disputes and cases for the Rental Dispute Committee (RDC) to resolve.
As of the date of this publication, the law announced by the DLD has not yet been enacted, meaning rents have not been frozen.
The law governing the landlord’s right to increase rent is still the amended Landlord and Tenant Law (2008), i.e., the same regulations apply as before the DLD announcement.
Has There Ever Been a Rental Freeze?
The original 2007 law did provide an explicit rent freeze for tenants. Article 9 of the 2007 law stated: “Landlord and tenant must specify a rent value in the tenancy contract, and in all cases, it is impermissible to increase the rent or modify any terms of the lease except after the expiration of two full years from the date of the commencement of the rental relationship.”
However, the 2008 amendments eradicated the rent freeze and allowed landlords to increase rent after the first year of the tenancy (unlike other Emirates), provided ninety (90) days’ notice was given.
While landlords have the right to increase their rental yield after a year, this increase is regulated by the DLD, considering market conditions, similar rent yields, and several other factors.
Under What Circumstances Can a Landlord Increase the Rent?
The Dubai Government issued Decree No. 43 of 2013 on the Determination of the Increase in Real Estate in the Emirate of Dubai. This decree provides landlords with a maximum rate of increase in rent according to the average market price of similar properties within a certain area. Tenants should know the following:
* No rent increase is permitted if the current rent is less than 10% below the average market rental rate.
* A maximum of 5 per cent increase is permissible if the current rent is 11 per cent – 20 per cent below the average market rental rate.
* A maximum of 10 per cent increase is permissible if the current rent is 21 per cent – 30 per cent below the average market rental rate.
* A maximum of 15 per cent increase is permissible if the current rent is 31 per cent – 40 per cent below the average market rental rate.
* A maximum of 20 per cent increase is permissible if the current rent is more than 40% below the average market rental rate.
Tenants who are unable to manually determine their exact rental increase can either download the Dubai REST application on their smartphones or use the rent calculator found on the DLD website.
In the event of a disagreement between the landlord and tenant over the rent increase, either party has the right to refer their dispute to the RDC. The RDC shall determine the allowable rent increase by the provisions of the Decree.
When Can a Landlord Evict a Tenant?
Firstly, it is important to stress that a landlord cannot evict a tenant simply to re-let the property to someone else. This is not allowed, even if the landlord begins work on a new independent structure. If the eviction occurs, the landlord is prohibited from re-letting the property for two years.
Additionally, the landlord must prove that they do not own another suitable property that can be used instead. Should the landlord re-let the property after eviction, the tenant can file a case at the Rental Dispute Committee (RDC) and seek compensation.
The actual amount of compensation is determined by the judge, but historically, it has often equalled the original rent amount. However, the exact amount is at the judge's discretion.
There is no way to prevent the landlord from re-letting the property after vacating other than informing them of the tenant's rights and the landlord's obligations under the law. If the landlord ignores these legal requirements, the tenant can gather proof and file a case at the RDC.
It has become common for some landlords to seek to evict their current tenants to chase higher rental yields. In one rare case, a landlord even served an eviction notice a day after signing a new tenancy contract.
It is also common for tenants to receive their notice of eviction through emails or WhatsApp messages.
The 2008 Landlord and Tenant Law makes it clear that if a landlord wishes to evict a tenant, the landlord must serve the eviction notice through a notary public or by way of registered mail, providing reasons for the eviction.
The 2008 Landlord and Tenant Law outlines when landlords can evict their tenants, distinguishing between evictions before the lease expires and evictions upon lease expiry.
If a landlord wishes to evict a tenant to sell the property, they must do so through a notary public or registered mail, providing a 12-month notice period.
An email from the landlord requesting eviction is not legally sufficient. Vacating the property early is entirely up to the tenant.
If the tenant does not wish to leave, the landlord can only evict them by sending the 12-month notice. Otherwise, the landlord cannot forcibly evict the tenant, as the tenant has the right to stay.
Eviction Before Lease Expiry
The Landlord and Tenant Law provides an exhaustive list of reasons for which a landlord is entitled to evict a tenant before the lease expires. These include:
* The tenant fails to pay rent even after thirty days of notification.
* The tenant sublets the property without the landlord’s consent.
* The property is used for illegal purposes that violate public order and morality.
* The commercial property is left vacant for thirty consecutive days or ninety non-consecutive days in one year.
* The tenant’s actions endanger the safety of the premises or cause damage due to intentional or gross negligence.
* The property is used for purposes other than those agreed upon or violates planning and building regulations.
* The property requires urgent repairs as proven by a technical report approved by Dubai Municipality.
* The tenant fails to abide by legal obligations or lease terms even after receiving a thirty-day notice.
* The government requires the demolition of the property.
These provisions provide landlords with recourse if the tenant breaches their lease obligations and fails to rectify the situation upon notice.
Eviction Upon Lease Expiry
Even upon lease expiry, landlords must adhere to certain parameters to evict a tenant. The notice of eviction must be served through a notary public or registered mail, outlining the reason(s) for eviction.
Additionally, the landlord must provide the tenant with twelve (12) months’ notice before the eviction date. Reasons for eviction upon lease expiry include:
* The landlord desires to demolish the property for reconstruction or to add new buildings, provided relevant approvals are obtained.
* The property requires renovation or extensive maintenance that cannot be done while occupied, as proven by a technical report from Dubai Municipality.
* The landlord wishes to use the property for their use or by a family member up to the first degree, provided they do not own another suitable property.
* The landlord intends to sell the property.
Conclusion
The laws in the UAE clearly outline the rights of landlords and tenants, aiming to balance the powers among the parties.
Landlords have the right to increase rent, but through a regulated mechanism, tenants have the right not to be evicted unless a compelling reason is prescribed by law.
Both landlords and tenants should familiarise themselves with Law No. 33 of 2008 (the Landlord and Tenant Law) to avoid additional costs by referring disputes to the RDC.
If either party is uncertain about a certain law provision, seeking a legal professional's opinion and assistance is always best.
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As an employer in the UAE, you may need to send your domestic worker back to their home country for various reasons, such as the completion of their contract, personal reasons, or changes in your household needs.
It is essential to follow the correct legal procedures to cancel their work permit and ensure a smooth and lawful exit from the UAE.
The UAE government has established a clear process to assist employers in this situation, ensuring that both the rights of the domestic worker and the legal requirements of the UAE are respected.
Understanding this process is crucial to avoid any legal complications and to provide a respectful and dignified departure for your domestic worker.
Understanding the Legal Framework
The cancellation of a work permit in the UAE is governed by the Ministry of Human Resources and Emiratisation (MoHRE).
This process is part of the broader framework designed to regulate the employment of domestic workers, ensuring their rights and welfare are protected while allowing employers to manage their household staff effectively.
The process includes several steps, from gathering necessary documentation to finalising the worker’s departure and involves both online and offline procedures.
Following these steps meticulously will not only comply with UAE laws but also support a positive and professional relationship with your domestic worker. Here’s a detailed guide on how to proceed with the cancellation of the work permit.
Steps to Cancel the Work Permit
1. Gather Required Documents
*Passport of the domestic worker
* Residence visa of the domestic worker
* Employment contract
* Sponsor’s Emirates ID
* Domestic worker’s labour card (if applicable)
2. Visit a Typing Centre or Use Online Services
* Passport of the domestic worker
* Residence visa of the domestic worker
* Employment contract
* Sponsor’s Emirates ID
* Domestic worker’s labour card (if applicable)
2. Visit a Typing Centre or Use Online Services
* Go to an approved typing centre to fill out the cancellation form.
* Alternatively, you can use the Ministry of Human Resources and Emiratisation (MoHRE) online portal to submit the application.
3. Submit the Application
* Provide all the necessary documents and the completed cancellation form at the typing centre.
* If applying online, upload scanned copies of the required documents.
4. Pay the Cancellation Fees
* Pay the necessary fees for the cancellation process. Fees can vary, so it is advisable to check the latest information on the MoHRE website.
5. Receive the Cancellation Approval
* Once the application is processed, you will receive an approval notification.
* This approval is essential for the next steps, as it officially cancels the work permit and residence visa.
6. Book a Flight for the Domestic Worker
* Arrange a flight for the domestic worker to their home country.
* Ensure the travel date is within the grace period provided after the cancellation of the visa.
7. Complete the Exit Procedures
* On the day of departure, accompany the domestic worker to the airport.
* Ensure all final exit formalities are completed, including presenting the cancellation approval at immigration.
8. Settle Final Dues
* Pay any outstanding wages or end-of-service benefits to the domestic worker.
* Obtain a receipt or written acknowledgment from the domestic worker for the payment.
Important Considerations
* Grace Period: After cancelling the work permit, the domestic worker usually has a 30-day grace period to exit the country.
* End-of-Service Benefits: Make sure to calculate and pay any end-of-service benefits as per the UAE labour law.
* Legal Compliance: Following the correct procedure ensures that both the sponsor and the domestic worker remain compliant with UAE laws.
Conclusion
Cancelling a work permit and ensuring a smooth exit for your domestic worker involves several steps that need to be carefully followed.
By adhering to the guidelines provided by the MoHRE and other official sources, you can facilitate a lawful and respectful departure for your domestic worker. For more detailed information, always refer to the official MoHRE website or contact their customer service for assistance
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Federal Law No. 35 of 1992, as amended, outlines the procedures for criminal cases in the UAE. This law includes rules for criminal investigations, trials, rendering judgments, appealing judgments and enforcing judgments.
Filing a Complaint
To start a criminal case in the UAE, the victim must file a complaint against the offender at the police station. This complaint should detail the incident and the sequence of events related to the criminal offence. The complaint can be submitted either in writing or as an oral statement, which will be recorded in Arabic and signed by the complainant. It must be filed at the police station with jurisdiction over the location where the offence occurred.
According to Article 10 of the Criminal Procedures Law, certain cases require a written or verbal complaint from the victim or their legal representative to initiate a criminal action. These cases include:
* Theft, breach of trust and concealment of proceeds if the victim is a spouse, ascendant, or descendant of the perpetrator, and the proceeds are not judicially or administratively seized or encumbered by a lien in favour of another person.
* Refusal to deliver a minor or taking a minor away from their custodian.
* Insult, slander, and other specified crimes.
Complaints must be filed within three months of the victim becoming aware of the crime and the perpetrator unless otherwise stated by law. If the accused is caught red-handed, a complaint can be submitted to any public authority officer at the scene. A complaint from one victim is sufficient to initiate a criminal action, and a complaint against one accused applies to all involved.
For victims under 15 years old or mentally challenged, the complaint must be submitted by their legal guardian. In conflicts of interest or if the victim lacks representation, the public prosecutor will act on their behalf.
Witness Testimony
The complainant can call upon witnesses to support their case during the police investigation. Similarly, the accused will be contacted by the police to provide their statement and may also suggest witnesses who can testify in their favour.
Police Investigation
After receiving the statements from both parties, the police will refer the complaint to the relevant departments, such as electronic crimes or forensic medicine. Once the investigation is complete, the case is referred to the public prosecution if a criminal offence is established under the UAE Penal Code (Federal Law No. 3 of 1987).
Conducting Investigations
The Public Prosecution conducts investigations in Arabic. If any involved party does not know Arabic, an interpreter may be used after taking an oath.
Lapse of Criminal Actions
A criminal action lapses if the victim withdraws their complaint. For multiple victims, all must withdraw for the action to lapse. Withdrawal of a complaint against one accused also applies to others involved. If the victim dies, their legal heirs can withdraw the complaint.
Criminal cases lapse upon the death of the accused, issuance of a final judgment, withdrawal of legal action by the entitled party, issuance of an amnesty, or repeal of the penalising law. Specific timeframes include 20 years for felonies punishable by death, 10 years for other felonies, 3 years for misdemeanours, and 1 year for violations.
Tracking Crimes and Evidence Collection
Judicial officers from various government departments, including police, public prosecution and criminal courts, are authorised to inspect crimes and collect evidence. Other authorised personnel include officers of the armed forces, border police, coastguards, immigration officers and municipal and health inspectors.
Role of Police and Public Prosecution
The police safeguard the public, take initial statements, arrest suspects, conduct investigations and execute Public Prosecution orders. Criminal actions begin with filing a complaint with the local police in the jurisdiction where the offence occurred. Police refer the matter to the prosecutor's office within 48 hours, and the Public Prosecution must question the accused within 24 hours, deciding on arrest or release as per Article 47 of the law.
Under Article 7 of the Criminal Procedures Law, the Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings. It oversees the process until a final judgment is rendered.
As part of the judicial body, the Public Prosecution investigates crimes, imposes charges, and refers accused individuals to court if their involvement is proven. It also handles the surrender of criminals per international conventions and works with Interpol.
Rights and Obligations of Individuals
The UAE judicial system presumes the accused is innocent until proven guilty. It follows these procedures:
* No criminal penalty is imposed until guilt is proven according to the law.
* No one is arrested, searched, detained, or imprisoned except under legal circumstances.
* Detention or imprisonment occurs only in designated places for the specified period in the warrant issued by the competent authority.
* Law enforcement may only enter residences under specified circumstances or at the resident's request in serious threats.
* Crimes must be reported to the public prosecution or judicial officers.
* Witnesses of crimes should hand over the offender to the nearest public authority without an arrest warrant.
Rights to an Attorney
Anyone accused of a felony punishable by a death sentence or life imprisonment has the right to a lawyer for defence during the trial. If the accused does not appoint a lawyer, the court will provide one at the state's expense. The accused in a felony punishable by provisional imprisonment may also request a court-appointed attorney if they cannot afford one.
Investigation and Arrest Procedures
Upon arriving at a crime scene, a judicial officer can prevent people from leaving until a report is drafted and can call upon witnesses for statements. The officer may order the arrest of the accused if sufficient evidence exists. If the accused is not present, an arrest warrant can be issued. The officer must immediately take the accused’s statement and refer them to the Public Prosecution within 48 hours. The Public Prosecution must then question the accused within 24 hours and decide on arrest or release.
Search of Persons and Residences
Judicial officers can search the accused under lawful circumstances and can frisk them for items related to the crime. If the accused is female, the search must be conducted by a female designated by the officer, with female witnesses present. A search of the accused’s home requires a warrant from the Public Prosecution unless the accused is caught red-handed and there is strong evidence of concealed items or papers. Searches and seizures must comply with legal procedures.
Legal Fees
There are no fees for filing a complaint with the police. However, if the complainant hires an attorney, legal fees will apply.
Structure of the UAE Court System
The Dubai criminal court can imprison, fine and acquit accused persons. Proceedings are conducted in Arabic, and all documents must be officially translated into Arabic. The court system comprises three levels:
* Court of First Instance
* Court of Appeal
* Court of Cassation (final appeal court)
Misdemeanour cases in the Court of First Instance are heard by a single judge, while felony cases are heard by three judges.
Attendance and Hearings
Accused individuals must appear in court if the charges carry a prison sentence. Victims are not required to attend and may have legal representatives appear on their behalf. The trial starts with the judge reading the charges and asking the accused to plead. If the accused denies the charges, further hearings will be scheduled. Failure to appear can result in a judgment in absentia.
Pleadings and Judgments
Both parties can file written memoranda outlining their claims and defences and present evidence through witness testimonies. Hearings typically occur every 2-3 weeks. The court may appoint an expert to review the technical aspects of the case. Once all evidence is presented, the court will deliver a judgment. There is a right of appeal to the Court of Appeal and subsequently to the Court of Cassation.
Tracking Crimes and Evidence Collection
Judicial officers from various government departments, including police, public prosecution and criminal courts, are authorised to inspect crimes and collect evidence. Other authorised personnel include officers from the armed forces, border police, coastguards, immigration officers and municipal inspectors.
The criminal process in the UAE can be complex, particularly for non-Arabic speakers. This overview provides a foundational understanding for those involved in criminal complaints or proceedings. Despite differences from other jurisdictions, fundamental rights such as the right to defence and appeal are upheld in the UAE legal system.
For further information or to inquire about a case, you can visit the Judicial Department - Abu Dhabi. Here is the link --https://www.adjd.gov.ae/sites/eServices/EN/Pages/CaseStudyEnquiry.aspx.
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In the UAE, employers are legally obligated to provide their employees with a safe and appropriate working environment. Article 13(13) of the Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations states: “The Employer shall provide a safe and appropriate working environment."
Article 14(2) of the Employment Law explicitly prohibits various forms of harassment, including sexual, verbal, physical and psychological harassment, regardless of whether these actions come from employers, superiors, colleagues, or anyone working with the affected employee.
The law states: “It shall be prohibited to exercise sexual harassment, bullying or any verbal, physical or mental violence against the employee by his employer, manager or colleagues.”
Additionally, if an employer uses demeaning language or shouts at an employee in front of others, they can face imprisonment for up to six months or a fine of up to Dh5,000, as outlined in Article 427 of the Federal Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law.
The article states: “A penalty of imprisonment for a period not exceeding six months or a fine not exceeding Dh5,000 shall be imposed if the libel or slander is committed on the telephone or directly against the victim in the presence of others.”
Insults, rumours, and slander are never taken lightly in the UAE. Remember that you can take legal action if you find yourself at the receiving end of offensive tirades at work.
While disagreements and arguments may occur between officemates, when verbal attacks become personal, it may be necessary to escalate the issue beyond the workplace. Making insulting comments against anyone is illegal in the UAE, with the penal code stating that those found guilty of such offences could face imprisonment of up to two years and a fine of up to Dh20,000.
Employees who face verbal abuse or shouting from their boss can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). They may also consider resigning without serving notice within five days after registering the complaint, as per Article 45(2) of the Employment Law.
This article states: “The employee may quit work without notice and reserve all his entitlements at the end of the service if the employee is subject to assault, violence or harassment at the workplace by the employer, or his legal representative, provided that the employee reports such act to the concerned authorities and the Ministry within five working days from the date on which he can report.”
While many residents are aware of such provisions of the UAE law, the question remains: How can charges be filed?
In Dubai, slander can be reported to the police in just a few minutes -- and without even leaving home. The Dubai Police have made the service accessible 24/7 through their digital platforms, including their website and app.
Here's how to file a complaint and what key information you need to prepare and know:
* Emirates ID
* Details to help the police contact your officemate(s) (name, address, car plate number, phone number, and the place where he/she works)
* Details of the incident
* Which police station is nearest to your area
What to do:
* Log into the Dubai Police website (https://www.dubaipolice.gov.ae/)
* Click on the 'Reporting Services' option
* Choose 'File Criminal Complaint'
* Fill out the details (In the case type dropdown menu, choose 'Insulting case')
Some of the questions you will be required to answer:
* What were the words the defendant(s) used?
* When was the insulting remark made (date, time)?
* What could have been the motive?
* Were there any previous conflicts between you and the defendant(s)?
* Did you also use any negative words against him/her/them?
Upon submission of the form, the police are expected to get in touch with you. You may go back to the website to follow up on your complaint.
It's important for employees to know their rights and understand that they have legal protections against workplace harassment and abuse. Employers must maintain a respectful and professional environment, and any form of misconduct should be addressed promptly to ensure the well-being and safety of all employees.
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The Ministry of Economy (MoEc) has clarified that Federal Decree-Law No. (42) of 2023 on Combating Commercial Fraud contributes to creating integrated legislation that will significantly enhance consumer rights protection and combat commercial fraud in the UAE, aligning with the best global standards.
This law introduces comprehensive mechanisms and regulations to prevent the trade of counterfeit, adulterated, and corrupt products and to combat counterfeiting activities, ensuring fair competition and bolstering the UAE’s global competitiveness.
Abdullah Ahmed Al Saleh, Undersecretary of the Ministry of Economy, highlighted that this law marks a significant milestone in the UAE's transition towards an economic model based on fair competition and innovation.
“The primary objective of this law is to enhance the regulatory and legislative landscape for the economic sector, reinforcing the business environment and governance in line with the ministry’s strategic objectives,” he said.
“The introduction of this new law aims to enhance the competitiveness of the business environment for both companies and trademark owners in the country, replacing the previous law on combating commercial fraud.
Additionally, it seeks to foster innovation in businesses and provide support for the protection of intellectual property. The law aligns with federal laws on ‘Consumer Protection’, ‘Trademarks’, ‘Copyright and Neighbouring Rights’, and ‘Commercial Agencies’. Its provisions have been developed with a forward-thinking and adaptable approach that takes future developments into account, ” Ahmed Al Saleh said.
“In the past stage, the Ministry of Economy has collaborated with partners from federal and local government entities, as well as the private sector, to enhance law concerning commercial fraud.
This effort has been instrumental in creating a competitive environment for the establishment of businesses, increasing flexibility in economic and trade activities, and strengthening the UAE's status as a leading global hub for commerce, business, and innovation,” he added.
The Ministry has emphasised the law’s crucial role in fostering a competitive trade and business environment. It will drive the growth and improvement of the domestic trade system and enhance the retail sector.
The law will promote sound commercial practices and effectively combat the sale of counterfeit, adulterated, and corrupt products. This, in turn, will attract major brands and positively impact their economic performance.
Additionally, it will encourage research, development and innovation, benefiting consumers and the UAE’s overall economy.
The MoEc highlighted the significant outputs of the new law, which include:
* Creating a conducive and secure environment for purchases by effectively combating counterfeit, fraudulent, and corrupt goods. The law applies to all types of commercial deceit across the country’s markets, including free zones.
* Violations of the law result in the imposition of administrative penalties designed to encourage greater compliance among businesses by deterring them from selling counterfeit, adulterated, or corrupt products within the country.
* Strengthening collaboration between local and federal authorities and empowering local authorities to address counterfeit and adulterated products, thereby promoting investments and business activities in the country.
* Implementing regulations to eliminate counterfeit, adulterated, or corrupt products from markets and warehouses. This includes reimbursing their value and ensuring that suppliers comply with mandatory commercial records and requests for product release.
* Establishing the Supreme Committee for Combating Commercial Fraud to effectively implement measures against commercial fraud across UAE markets by collaborating with federal and local authorities.
* Prohibiting any involvement in the importation, exportation, production, manufacturing, display, sale, storage, transportation, marketing, trading, promotion, disposal, or possession with the intention to sell counterfeit, corrupt, or adulterated products. This aligns with the best international standards and reinforces the UAE's reputation as a country with robust legislation against such practices. This comprehensive approach aims to protect the interests of both businesses and consumers alike.
According to the law, commercial fraud involves deceiving a consumer through various means. This deception can involve altering or modifying elements such as the nature, quantity, type, price, essential characteristics, origin, source, validity, or providing inaccurate or misleading commercial information about the promoted products, ultimately misleading the customer.
The MoEc's Efforts to Combat Commercial Fraud within the Country
The MoEc, in collaboration with the economic departments, has been conducting regular inspection campaigns in local markets to combat instances of commercial fraud and trademark counterfeiting. Since the start of 2023, a total of 4,444 inspection rounds have been conducted by the Ministry, which have identified 620 violations.
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In a recent case, a tenant in Dubai faced uncertainty after the landlord remained unresponsive for six weeks after issuing an eight-month tenancy renewal contract. Despite attempts to negotiate for a standard 12-month contract, the landlord has not responded, leaving the tenants unsure of their next steps.
According to UAE's Law No. 33 of 2008, which amended parts of Law No. 26 of 2007 governing landlord-tenant relationships, tenants are not required to provide notice for non-renewal if the contract has a specified start and end date.
The law’s 90-day notice period is intended for either party to propose changes to the contract at renewal. However, if the landlord does not communicate, tenants can vacate at the end of their tenancy.
Many landlords and tenants may not be aware of this rule, potentially leading to disputes. If a tenant vacates without notice, landlords may attempt to withhold the security deposit, believing that notice was required. This could result in the tenant needing to file a case with the Rental Dispute Centre to resolve the issue.
Applicable Law and Tenant Rights
The relevant law is Law No. 26 of 2007 (as amended by Law No. 33 of 2008) ‘Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai’ (the “Tenancy Law”).
This law applies to all leased lands and properties in Dubai, excluding free accommodation provided to employees. Under this law, tenants have the right to automatically renew their leases, derived from Article 25(2) of the Tenancy Law, considered a matter of public policy. Any agreement to the contrary between the parties is unenforceable.
However, the landlord can refuse the renewal under certain conditions, such as property demolition, significant renovation, personal use, or sale of the property. Strict notice requirements must be followed for eviction, including a twelve-month notice served through the Notary Public or by registered mail.
Lease Renewal Laws for Landlords and Tenants in Dubai
Here’s a detailed look at the laws and essentials for both landlords and tenants in Dubai.
Applicable Law
The relevant legislation is Law No. 26 of 2007, amended by Law No. 33 of 2008, titled ‘Regulating the Relationship between Landlords and Tenants in the Emirate of Dubai’ (the “Tenancy Law”). This law applies to all leased properties in Dubai, regardless of their use -- be it residential, commercial, or industrial -- excluding free accommodation provided to employees by natural or judicial persons.
Tenant’s Right to Renewal
Under the Tenancy Law, tenants have an automatic right to renew their leases. This right is enshrined in Article 25(2) and is considered a matter of public policy, making any agreement to the contrary unenforceable as confirmed by previous decisions of the Rental Dispute Settlement Centre (RDSC).
Landlord’s Grounds to Refuse Renewal
While tenants have the right to renew, landlords can object to renewal under specific circumstances:
Demolition for Construction: Landlords may evict tenants if they intend to demolish the property for reconstruction or addition of new constructions. Tenants can challenge this claim at the RDSC, which requires the landlord to provide evidence, such as prior approval from Dubai Municipality.
Renovation or Maintenance: Renewal can be refused if the property requires extensive renovation or maintenance that cannot be carried out while the tenant is still residing there. The landlord must submit a technical report from Dubai Municipality or an accredited entity.
Recovery for Personal Use: Landlords can evict tenants if they or their first-degree relatives intend to use the property personally. Proof that the landlord lacks suitable alternative property is required. This ground is mainly relevant for individual landlords and may be challenging for commercial leases, where landlords might own multiple properties.
Sale of Property: If the landlord wishes to sell the property, they must provide evidence of the sale, such as a broker agreement or a memorandum of understanding. Simply declaring the intent to sell is insufficient.
Notice Requirements
For eviction, landlords must serve a notice if the grounds align with the mandatory conditions. The notice must:
Failure to adhere to these requirements allows tenants to challenge the notice, potentially leading to its rejection by the RDSC. The landlord would then need to serve a new notice, delaying the eviction process.
Eviction Order
Once the notice period expires, landlords can apply to the RDSC for an eviction order. If the RDSC finds the landlord’s grounds valid, it will issue an order, and the tenant must vacate the property.
Protecting Your Rights
For Tenants:
For Landlords:
Another Case in Abu Dhabi
In another case, a tenant in Abu Dhabi faces a different dilemma. With their tenancy contract set to expire in one month and an unexpected need to leave the country, they are seeking clarity on their obligations. Despite having previously agreed to renew the contract, they must now cancel their residence visa and leave.
A situation like this largely depends on the landlord's discretion. While the tenant may face penalties for short notice, negotiating with the landlord for a compromise is advised. Potential penalties could amount to one or two months’ rent. Finding a new tenant could also help mitigate these costs.
Protecting Your Rights
To protect your rights as a tenant, consider the following steps:
To protect your rights as a landlord, consider the following steps:
Conclusion
In both scenarios, tenants are advised to communicate openly with their landlords to seek amicable solutions and be prepared for potential financial repercussions.
By understanding the legal framework and practical considerations, both landlords and tenants can navigate the complexities of lease renewals and avoid disputes.
The Tenancy Law offers increased protection for tenants and stability in Dubai’s housing market, though challenges remain in its application to commercial leases.
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The United Arab Emirates Penal Code, established by Federal Decree-Law No. 31 of 2021, serves as the foundation for criminal justice in the nation. It outlines a range of punishments for offenses, including fines, imprisonment terms of varying lengths (temporary or life), and even the death penalty. The Code also integrates principles derived from Islamic law, specifically regarding retribution (Qisas) and compensation for victims (Diya).
Diya is a key aspect of victim compensation through blood money, which is a financial payment mandated by the Penal Code. In the UAE, Diya is a form of compensation paid by a perpetrator to a victim or the victim's family for death or injury, based on Islamic Sharia principles. It can be traced back to the Holy Quran, where it is intended to promote justice and forgiveness through financial compensation.
Diya serves as an alternative to Qisas, which refers to retaliation, allowing the victim’s family some retribution. In cases of involuntary manslaughter, where a killing occurs unintentionally, Diya serves as a form of financial restitution to the victim's family. The standard amount for involuntary manslaughter is set at Dh200,000 according to Article 30.
However, it's important to note that Diya is not the sole consequence. As stipulated by Article 383, the perpetrator may also face additional penalties outlined in the Penal Code, such as imprisonment.
This means that someone who commits a crime resulting in death could be sentenced to jail time while simultaneously being obligated to pay blood money to the victim's family.
It's crucial to understand that Diya is not awarded in all criminal cases. It's strictly applicable to offenses against human life and society, such as unintentional killings, causing serious injuries, or permanent disabilities.
Arsh Compensation
The UAE Penal Code also recognises compensation for bodily harm beyond involuntary manslaughter. Arsh refers to financial compensation awarded for the loss of limbs, organs, or bodily functions. The payment amount is not a fixed sum but rather a proportion of the standard Diya (Dh200,000) determined by a medical evaluation.
A team of medical professionals assesses the disability percentage sustained by the victim, and this rating is then applied to the base Diya amount to calculate the final Arsh compensation.
For instance, a 50 per cent disability would result in an Arsh compensation of Dh100,000. Notably, the courts may award the full Diya amount in cases of severe injuries, such as losing both limbs.
Application of Diya
Diya plays a significant role in compensating families for deaths caused by traffic accidents. However, the amount awarded is not absolute. Mitigating factors, such as the victim's own actions contributing to the accident, can lead to a reduction in Diya.
This principle was illustrated in a case before the Federal Supreme Court (Case No. UAE 42/2014). Here, a driver was found responsible for a child's death in a traffic accident and ordered to pay Diya. The driver appealed the decision, arguing contributory negligence on the part of the child's father who allegedly let the child run near moving vehicles.
Even though the Federal Supreme Court, in its 2015 decision, rejected the appeal, the court still acknowledged the trial court's authority to assess the link between fault and damages, including the extent to which the victim or others contributed to the accident. Crucially, the court determined that the charges against the driver were proven to the point of conviction, rendering the argument of contributory negligence irrelevant at the appeal stage.
This case emphasises the nuanced application of Diya in the UAE. While it offers compensation to the victim's family, the system considers the degree of fault on both sides, ensuring a balance between restorative justice and accountability.
In contrast, Diya is not used in cases considered to be an “Act of God.” For example, in a case regarding a passenger who died of a heart attack during a flight, the family sought compensation through Diya and other psychological damages. They argued that under the Montreal Convention, which was embodied in UAE law through Federal Decree No. 13 of 2000, the airline negligently handled the medical emergency and should have taken reasonable steps to mitigate the condition.
The UAE court, influenced by expert testimony on aviation matters, ultimately concluded that the airline bore no fault in the passenger's death. The heart attack was classified as an "Act of God," absolving the airline of liability. Furthermore, the court acknowledged the crew's appropriate actions, including seeking medical advice via Medlink (the standard procedure for onboard medical consultations) and providing available medical care.
The timeframe and location (over the sea) also factored into the court's decision, deeming an emergency landing impractical. The case illustrates that the concept of Diya is only applicable when the airline's negligence is established, and it does not preclude claims for other forms of compensation.
Compensation Beyond Blood Money
The UAE legal system allows for compensation beyond Diya in certain circumstances. A landmark case (Case No. 111/2020) involved an insurance company disputing additional compensation for moral damages awarded to the parents of a child killed in a traffic accident, on top of the Diya payment.
The company argued that Article 299 of the UAE Civil Code prohibits combining these forms of compensation. However, the Dubai Court of Cassation disagreed.
While the article restricts combining Diya with other forms of compensation meant as financial gain, the court distinguished moral damages as a remedy for the emotional and psychological suffering endured by the parents.
The court emphasised that these damages are separate from Diya, which serves as financial compensation for the loss of life. Therefore, the court upheld the additional compensation for the parents' emotional distress. This case clarifies that Diya does not preclude victims' families from seeking compensation for intangible losses associated with their tragedy.
In essence, the UAE Penal Code strives to achieve a balance between punishment and financial support for the families of victims in specific criminal cases.
This system reflects the influence of Islamic legal principles while incorporating a contemporary approach to criminal justice. Additionally, while the standard Diya amount is established, there may be variations depending on the specific circumstances of the crime and the gender of the victim.
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A recent update to the UAE's Commercial Transactions Law outlines the conditions under which travellers can claim compensation for stolen or lost belongings during flights. The law specifies the responsibilities of airlines for passengers' checked-in luggage, clarifying when and how passengers can seek compensation.
Responsibilities of Airlines
Under Article 353(2) of Federal Decree-Law No. 50 of 2022, which issues the Commercial Transactions Law, airlines departing from or arriving in the UAE are responsible for the checked-in luggage of their passengers.
The law states: “The luggage referred to in Clause (1) hereof shall mean the objects that may be carried by the passenger in the aircraft or delivered to the carrier to be in its custody, during the travel.”
Additionally, Article 356(1) stipulates that airlines are liable for damage or loss of checked-in luggage. It states, “The air carrier shall be responsible for the damage resulting from the destruction, loss, or damage of the checked luggage and cargo if an accident occurs and results in damage during the air transport.”
Compensation for Lost or Damaged Luggage
In cases of damage or loss of luggage, airlines should compensate passengers up to Dh500 per kilogramme of luggage. Article 359(2) explains: “In case of transport of luggage and cargo, the remedy shall not exceed Dh500 for each kilogramme unless it is agreed on a higher amount.
However, if the consignor sends a special statement upon delivering the luggage or cargo indicating the special importance imparted to the delivery thereof in good condition at the destination due to its value, and pays the additional fare requested by the carrier, the carrier shall pay the remedy in the amount specified by the consignor, unless the carrier proves that such value exceeds the real value of luggage and cargo.”
Filing a Civil Claim
Passengers who experience loss or damage to their luggage may file a civil claim against the airline. According to Article 368, claims can be filed in any of the following courts:
The law states that the claimant shall have the option to file action before any of the following courts:
Steps to Take
These updates are part of the UAE’s efforts to protect passengers' rights and ensure that airlines are held accountable for their responsibilities. Travellers are advised to be aware of these regulations to take appropriate action if they encounter any issues with their luggage.
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In today's dynamic economic landscape, where businesses can face unexpected challenges leading to insolvency, it is crucial for employees to understand their rights and protections under the law.
In the United Arab Emirates (UAE), Federal Decree Law 51 of 2023, promulgating the Financial Reorganisation and Bankruptcy Law (the “Bankruptcy Law”), has been pivotal in safeguarding the interests of employees when their employer declares insolvency. This legislation outlines a framework designed to provide reassurance and support to employees during what can be a tumultuous period.
Immediate Protections and Entitlements
This newly enacted Bankruptcy Law establishes that employees are considered privileged creditors. This means that when the company's assets are liquidated to settle debts, employees' claims for unpaid wages, end-of-service benefits and other entitlements are given priority over other creditors, except for secured creditors (like banks with mortgages).
When a company in the UAE declares insolvency, employees are entitled to several key protections and benefits:
Notification and Reporting: When an employer becomes insolvent or is unable to pay its debts, they must notify the Ministry of Human Resources and Emiratisation (MoHRE) within a specified timeframe. This notification triggers the implementation of protective measures outlined in the law.
Unpaid Wages and End-of-Service Benefits: The newly enacted law ensures that employees have a legal right to receive their unpaid wages, end-of-service benefits and any other financial entitlements accrued during their employment. In other words, when a company's assets are liquidated to pay off debts, employees' claims for their financial entitlements are given precedence. This is crucial as it safeguards employees from losing their rightful compensation due to the financial difficulties of their employer.
Redundancy Payments: In cases where the insolvency leads to redundancies, employees can demand compensation. This includes compensation for notice periods and severance pay, which are crucial lifelines for individuals facing sudden unemployment.
Legal Framework and Implementation
The Bankruptcy Law ensures that these protections are enforceable through a clear legal framework. Employers or trustees appointed by the court are obligated to comply with these provisions and ensure that all entitlements are settled. Failure to do so can result in penalties and legal consequences for the employer.
The law underscores the UAE government's commitment to maintaining fair labour practices and protecting the rights of all employees, particularly in times of economic hardship.
Challenges and Considerations
While the law provides robust protections, navigating the complexities of insolvency proceedings can still pose challenges. Employees may encounter delays in receiving their entitlements due to the intricacies of asset liquidation and debt settlement.
Therefore, it's advisable for affected individuals to seek guidance from legal experts or labour lawyers to ensure their rights are upheld throughout the process.
Conclusion
This new Bankruptcy Law represents a significant stride in ensuring that employees are not unduly disadvantaged when their employer faces insolvency. By prioritising employees' financial entitlements and providing support mechanisms during transitional periods, the UAE government underscores its commitment to safeguarding the welfare of its workforce.
For employees navigating the aftermath of company insolvency, understanding these rights and accessing available resources can make a crucial difference in mitigating the impact of unexpected job loss and financial uncertainty.
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A recent cabinet resolution in the UAE has expanded the circumstances under which abortion is permitted, aiming to curb unsafe practices associated with terminating unwanted pregnancies. The new law specifies that abortions can now be performed in five instances.
According to the resolution, a licensed physician may conduct the procedure if the pregnancy resulted from rape or incest, or if it is at the request of spouses following approval by a designated committee.
Details regarding the specific nature of the requests from spouses have not been disclosed in the resolution. Additionally, non-consensual intercourse or pregnancy involving a person from the woman's lineage or relatives are now recognised grounds for abortion. This decision, along with existing provisions in the Medical Liability Law, allows for abortions in a broader range of circumstances compared to previous regulations.
Previously, abortions were only permitted if the pregnancy endangered the woman's life or if foetal abnormalities were detected. "This legislative reform marks a critical development in the UAE's legal approach to women's rights, extending access to safe abortions under specified conditions and aligning with international legal standards," says Ayushi Tripathi, Legal Associate at Dubai-based NYK Law Firm.
The Ministry of Health and Prevention (MoHAP) has outlined that parental or guardian consent will not be required in emergency cases necessitating immediate surgical intervention. A committee within each health authority, comprising specialists in obstetrics/gynaecology, psychiatry, and a representative of the Public Prosecution, will oversee and approve such requests.
"It demonstrates the nation's commitment to gender equality and sets a precedent for progressive legal reforms within the region," she adds.
Key Conditions
International Standards
The UAE's approach to reproductive rights aligns with international standards by considering the physical and mental health of women in addition to cases of rape and incest. It is part of broader efforts to modernise the legal framework, promoting gender equality and improving protections against domestic violence and discrimination.
The reform applies uniformly to Emirati citizens and expatriates residing legally in the UAE for at least one year. This development will have a positive impact on women's rights and contribute to a more inclusive legal environment in the UAE.
The establishment of a committee within each health authority, comprising specialists in obstetrics/gynaecology, psychiatry, and a representative from the Public Prosecution, underscores the government's commitment to ensuring the procedure is conducted responsibly and in line with legal requirements.
As the UAE continues its path of legal reform, including advancements in family court procedures and women's social and economic rights, experts anticipate further improvements in gender equality and healthcare access.
The new resolution marks a significant step forward in the UAE's efforts to protect women's health and rights, setting a precedent for other nations in the region to consider similar reforms in the future. The law applies to both Emiratis and expatriates; non-Emirati residents must have legally resided in the UAE for at least one year before requesting an abortion.
When is Abortion Allowed?
Abortions are permitted in the following circumstances:
Conditions for the Procedure
The pregnancy must not exceed 120 days, and there should be no medical complications endangering the life of the pregnant woman.
Regulatory Committee
Decisions regarding abortion requests will be made by a committee formed by the Ministry of Health and Prevention (MoHAP) or the head of an emirate's health authority. The committee comprises:
Process and Appeals
The committee may request additional documents and expert opinions, issuing a decision within five working days. If the decision is contested, appeals can be made by the pregnant woman, her husband, or guardian within the same timeframe. The final decision, binding for all parties, will be issued by the Minister or Head of the health authority.
Where and How the Procedure Must Be Performed?
Abortion procedures must be performed at licensed healthcare facilities by specialist obstetrician-gynaecologists. The facility must document the case thoroughly, including the pregnancy duration, reasons for abortion, necessary approvals, and procedures undertaken. Medical and social counselling is mandatory before and after the procedure.
Consent Requirements
Written consent from the pregnant woman is mandatory, unless in cases of emergency where consent is implied. In situations where the woman cannot provide consent, approval from her husband or guardian is required.
Expat Requirements
Non-citizen women seeking abortion must have held a valid UAE residency permit for at least one year before submitting the request.
These regulations mark a significant step in the UAE’s approach to reproductive health, aiming to provide clarity and legal safeguards while addressing sensitive medical and ethical considerations. For more information, individuals are encouraged to consult with healthcare providers and legal authorities to understand their rights and responsibilities under the new law.
"This new reform represents a pivotal moment in the UAE's approach to women's rights, expanding access to safe abortions in critical circumstances and aligning with international standards. It underscores the country's commitment to gender equality and sets a precedent for progressive legal frameworks in the region," concludes Ayushi.
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Understanding the legal framework of the United Arab Emirates (UAE) requires familiarity with bail procedures and the investigative process in case of legal issues. These aspects are crucial for protecting the rights of those accused of crimes while maintaining the integrity of criminal proceedings.
From the initial filing of complaints with local authorities to the critical roles played by the Public Prosecution and the courts, every step is regulated by Federal Law No. 35 of 1992 concerning Criminal Procedural Law.
This article provides a comprehensive overview of both the bail procedures and the investigation process in the UAE, highlighting the conditions, rights and responsibilities involved at each stage.
Familiarity with these procedures is vital for anyone involved in legal matters within the UAE, promoting transparency, adherence to legal norms and the protection of rights throughout the judicial process.
Investigation Process in the UAE
Criminal proceedings in the UAE commence with the filing of a complaint at the local police station where the offence occurred. During the initial stages of the investigation:
Police Involvement: The police gather statements from involved parties. Within 48 hours of receiving the complaint, the local police refer the case to the Public Prosecution.
Role of Public Prosecution: The Public Prosecution then assumes responsibility, questioning the accused within 24 hours of their referral from the police. Based on the evidence gathered, the Public Prosecution decides whether to order the accused's arrest or release under Article 47 of the Criminal Procedures Law.
Legal Framework: Federal Law No. 35 of 1992, as amended, outlines the comprehensive procedures for criminal cases in the UAE. It delineates the methodology for investigation, trial procedures, judgement rendering, conditions for appeal, and enforcement of judgements.
Exclusive Jurisdiction: Article 7 of the Criminal Procedures Law grants exclusive jurisdiction to the Public Prosecution to initiate and oversee criminal proceedings until a final judgement is reached. The Public Prosecution is integral in investigating charges, determining criminal involvement, and referring cases to competent courts.
International Cooperation: The Public Prosecution handles issues related to the surrender and extradition of criminals per international conventions, often collaborating with organisations like the International Criminal Police Organisation (Interpol).
Filing Criminal Complaints: As per Article 10 of the Criminal Procedures Law, criminal actions require written or verbal complaints by the victim or their legal representative. Such complaints are necessary for specific offences, including theft, breach of trust, and insults, which must be filed within three months of discovering the crime unless specified otherwise by law.
Special Cases: Complaints can be lodged directly with any public authority officer if the accused is caught red-handed. Additionally, a single complaint from any victim suffices to initiate action in cases involving multiple victims or accused parties.
Protection of Vulnerable Victims: For victims under 15 years old, mentally challenged individuals, or when crimes target their property, complaints must be submitted by their legal guardians. In cases of conflict of interest or absence of representation, the Public Prosecution acts on behalf of the victim.
Language Requirements: All investigations by the Public Prosecution are conducted in Arabic. In situations where the accused, litigants, witnesses, or other critical parties do not speak Arabic, the prosecution may engage an interpreter after administering an oath.
Bail Procedures in the UAE
Definition and Purpose: Bail is a conditional release granted to an accused person pending trial to ensure their presence at legal proceedings and prevent unnecessary detention.
Conditions for Granting Bail: Article 111 of the Criminal Procedural Law restricts bail for offences punishable by the death penalty or life imprisonment. Bail is typically granted for minor crimes and misdemeanours, such as cheque bounce cases, upon application to:
Police: Before transferring the case to the Public Prosecution.
Public Prosecution: During investigation stages.
Court: Before final judgement issuance.
Types of Bail Guarantees
Personal Guarantee: Requires surrendering a valid passport, either of the accused or a third party, as collateral.
Financial Guarantee: Involves depositing a specified amount with the court, refundable after trial completion if all conditions are met.
Combined Guarantees and Bail Document: Depending on the case, both personal and financial guarantees may be required. Upon release on bail, the accused receives a "Qafala" document outlining bail conditions and consequences for non-compliance.
Responsibilities of Bail Guarantor
The bail guarantor signs a bond detailing conditions and obligations. They ensure the accused complies with bail terms and attends all required court proceedings.
Revocation of Bail
Article 115 of the Criminal Procedural Law allows bail revocation for non-compliance with conditions or new circumstances affecting the case. The Public Prosecution or court may initiate revocation and order re-arrest if necessary.
Legal Framework
Governed by Federal Law No. 35 of 1992, the Criminal Procedural Law specifies bail procedures, ensuring fairness and adherence to legal requirements. Understanding these procedures is essential for individuals navigating the UAE legal system, ensuring compliance with bail conditions and procedural obligations during legal proceedings.
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Did you receive a text message asking you to renew your ILOE (Involuntary Loss of Employment) subscription? If you were among the first employees in the UAE to enrol in the unemployment insurance scheme, which commenced on January 1, 2023, and opted for an annual subscription, you might have already received a renewal notification. Early subscribers are now being reminded via text messages to renew their policies.
According to the Ministry of Human Resources and Emiratisation (MoHRE), over 6.7 million UAE residents have subscribed to the scheme since it took effect. The deadline to enrol ended on October 1.
A Dh400 fine was imposed on workers who failed to sign up. A Dh200 fine applies to subscribers who fail to pay the premiums for more than three months. Employees whose work permits were issued after October 1, 2023 must subscribe to the scheme within four months, failing which they face a Dh400 fine.
Employees who fail to pay their fines within three months from the due date will have the amount deducted from their wages or end-of-service gratuity. New work permits will not be issued until the fines are cleared.
Emiratis and expatriates working in the federal government and private sectors are required to subscribe to the scheme. Exempted categories include investors, domestic helpers, temporary contract workers, juveniles and retirees who are entitled to a pension.
The ultra-low-cost scheme is divided into two categories:
Steps to Renew Your ILOE Subscription
Subscription Information
Select Your Sector
Enter Your Details
Access Your Dashboard
Renew Your Policy
Make a Payment
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In the United Arab Emirates (UAE), where the workforce spans various industries and nationalities, ensuring fair and transparent payment practices is crucial.
The UAE Labour Law provides a framework that outlines not only the rights of employees but also the obligations of employers when it comes to salary payments.
Understanding the nuances of these regulations is essential for both employers and employees to foster a harmonious working environment.
Here are six salary payment options stipulated by the UAE Labour Law, shedding light on how wages can be paid while maintaining fairness and compliance:
1 Monthly Salary Payments: The most common practice in the UAE is the monthly salary payment, where employees receive their wages on a monthly basis. This ensures regular income for employees and allows employers to streamline their payroll processes.
2 Daily Payments: This kind of wage is paid for temporary or seasonal jobs, where the company pays the worker on a day’s work basis.
3 Weekly Payments: In certain industries or for specific job roles, weekly salary payments may be preferred. This option offers employees more immediate access to their earnings and can be beneficial for those with financial commitments requiring regular cash flow.
4 Hourly Payments: An hourly wage is the amount an employee is paid per hour they work. An employer pays an employee based on how many hours they work each pay period, which might be a week, two weeks, half a month or a month.
5 Quarterly Payments: For employees on higher salaries or in specialised roles, quarterly payments may be agreed upon. While less common, this option provides a lump sum every three months and can be advantageous for those with substantial financial responsibilities.
Annual Payments: In rare cases, particularly for senior executives or individuals with unique employment agreements, annual salary payments may be negotiated.
Although less frequent, this option allows for comprehensive financial planning and may include bonuses or other incentives tied to yearly performance.
Regardless of the chosen payment frequency, the UAE employment law mandates that employers adhere to certain guidelines to ensure fair and timely wage disbursement.
These include providing detailed salary statements, adhering to minimum wage requirements, and avoiding any unlawful deductions.
Moreover, employers must offer employees the option to receive their wages through electronic transfer to their bank accounts, promoting efficiency and transparency in salary transactions.
By offering a range of salary payment options, the UAE employment law prioritises flexibility and fairness, ensuring that the rights of both employers and employees are protected.
This commitment to a balanced working relationship fosters trust and stability in the UAE's diverse workforce, contributing to its continued economic growth and prosperity.
If an employee is not paid their salary on time, they have legal remedies available to seek redress and ensure that their rights are upheld. Here are some potential legal remedies that an employee can pursue:
Informal Resolution: Initially, the employee may opt for informal resolution by directly discussing the issue with their employer or the HR department. This approach may lead to a quick resolution without the need for formal legal action.
Formal Complaint with the Ministry of Human Resources and Emiratisation (MoHRE): If informal resolution attempts fail, the employee can file a formal complaint with MoHRE. The ministry has established channels for handling labour disputes, including non-payment of wages. MoHRE may intervene, investigate the matter and facilitate a resolution between the employer and employee.
Employment Tribunal: If the issue remains unresolved, the employee can escalate the matter to the employment tribunal. The employment tribunal specialises in resolving disputes related to employment contracts and labour rights. Employees can file a lawsuit against their employer for non-payment of wages, and the tribunal will adjudicate the case based on UAE employment laws and regulations.
Legal Representation: Employees have the right to seek legal representation to navigate the complexities of labour disputes and tribunal proceedings. A qualified labour lawyer can provide guidance, represent the employee's interests in legal proceedings, and advocate for their rights under UAE employment laws.
Compensation and Remedies
If the employment tribunal rules in favour of the employee, they may be entitled to various remedies, including:
Back Pay: Compensation for the unpaid wages owed to the employee.
Penalties: Employers may be required to pay penalties or fines for violating labour laws, including delayed salary payments.
Termination of Contract: In severe cases, the tribunal may order the termination of the employment contract and award compensation to the employee for any damages incurred.
It's important for employees to document any instances of non-payment or delayed payment of wages, including keeping records of salary statements, communications with the employer and any other relevant evidence.
This documentation can strengthen their case when seeking legal remedies through MoHRE or the employment tribunal.
Overall, UAE employment laws provide robust protections for employees facing issues such as non-payment of wages, ensuring that they have legal avenues to seek redress and uphold their rights in the workplace
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After a long, tiring day at work, dealing with disruptive noise from neighbours or nearby construction can be incredibly frustrating. Fortunately, there are ways to address this issue. Here’s a guide on how to file a noise complaint in various emirates of the UAE.
Filing a Noise Complaint in Dubai
In Dubai, construction noise can be reported if it occurs between 8pm and 6am on weekdays, and 8pm to 7am on weekends. Here’s how to file a complaint:
The complaint is typically resolved within one working day. Note that this service is not available for private compounds or gated communities; for these, contact your neighbourhood developer.
In addition to construction noise, any noise exceeding 55 decibels, such as loud music or a barking dog, can be reported. Complaints can be submitted via email at info@dm.gov.ae, by calling the toll-free number 800900, or through Dubai Police’s non-emergency number 901.
Filing a Noise Complaint in Abu Dhabi
Residents of Abu Dhabi can file complaints, including noise complaints, through the website tamm.abudhabi:
Filing a Noise Complaint in Sharjah
Sharjah residents can report noise complaints by visiting portal.shjmun.gov.ae:
Filing a Noise Complaint in Ras Al Khaimah
In Ras Al Khaimah, noise complaints can be filed through rak.ae:
Filing a Noise Complaint in Ajman
Ajman residents can file noise complaints by visiting www.am.gov.ae:
Through these steps, you can effectively address noise disturbances and enjoy a more peaceful environment in your home.
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A child involved in a custody battle must not be treated like a toy by their parents but should be regarded as a human being, with their interests given paramount importance, the Goa bench of the Bombay High Court recently observed in a child custody case.
Single-judge Justice Bharat Deshpande made this observation while granting equal custody time to both the mother and the father during the child's summer holiday.
"It is necessary to note here that a child cannot be considered as a toy for the purpose of compensating parents for their lost visitation rights. A child has to be treated as a human being, and the most important aspect is the best interest of the child, which has to be of paramount importance," Justice Deshpande stated in the order dated June 14.
The order came in response to a plea filed by the mother seeking to quash the family court's May 8 order, which had granted seven weeks of custody to the father and five weeks to the mother.
The parties were US citizens, and their marriage took place in California. The child was born in February 2019 in Paris. However, relations between the two soon soured, and the father brought the child to Goa after a court in California granted him custody in an ex-parte order.
Subsequently, the mother also came to India, and the estranged couple initiated custody proceedings before the family court in Mapusa.
The High Court noted in its order that it had modified a family court's June 2023 order in October 2023, granting visitation rights to the father while upholding the child's custody with the mother.
However, the father could not exercise his visitation rights due to the child's ill health. Therefore, the father filed another application before the family court in Mapusa, seeking custody of the child during the school holiday.
The family court, in an order dated May 8 this year, acknowledged that the father could not utilise his visitation rights due to the child's ill health.
Consequently, it granted him seven weeks of custody during the summer break while granting only five weeks to the mother. The mother then appealed to the High Court against this decision.
The High Court refused to accept the father's argument that lost visitation rights could be compensated and that the family court had rightly granted him more time.
The judge stated that the family court's decision to grant the father seven weeks of custody was against the best interest of the five-year-old child.
"For a child of such tender age, the presence of the mother is of utmost importance. However, it cannot be ignored that the father also needs to be considered for the purpose of custody and visitation rights," the Court said.
The paramount interest of the child needs to be considered along with the fact that they are entitled to spend time with both parents during the holiday period, the single-judge opined.
Hence, it would be appropriate to equally divide the holiday period between the parents, the Court ruled.
"Parents as well as the child are entitled to utilise such a holiday for the purpose of spending quality time with both the father and the mother and their respective relatives, in order to maintain and keep the bond within the family. The child needs an opportunity to become acquainted with the family members of both parents," the order stated.
Therefore, the Court ruled that the holiday period of eleven weeks should be divided equally between the mother and the father.
It granted five weeks of custody to each parent accordingly.
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Arrest and detention procedures in the United Arab Emirates (UAE) are essential components of its criminal justice system, designed to uphold justice while safeguarding individual rights.
Governed by Federal Law No. 35 of 1992 and subsequent amendments, these procedures dictate how individuals suspected or accused of crimes are handled from apprehension through to legal proceedings.
Arrest under criminal procedure involves the lawful apprehension of suspects based on sufficient evidence, ensuring they are informed of their charges and rights promptly.
Within 48 hours, suspects must appear before the Public Prosecution, which then decides on their further detention or release pending trial. Conversely, detention for questioning allows authorities to gather evidence, with initial periods extendable based on investigative needs.
The UAE's legal framework ensures transparency and fairness, empowering judicial officers and the Public Prosecution to oversee investigations and uphold the rule of law. Understanding these procedures is essential for anyone involved in legal matters within the UAE, fostering compliance with legal norms and protecting the rights of all parties involved.
This article provides a detailed exploration of both the arrest and detention procedures in the UAE, shedding light on their implementation and significance in the country's legal landscape.
Arrest under Criminal Procedure
Arrest in criminal cases involves apprehending individuals suspected of committing crimes to ensure their appearance before authorities and prevent further offences. Law enforcement officers can issue arrest warrants based on sufficient evidence for felonies and certain misdemeanours punishable by penalties other than fines.
After arrest, individuals must be promptly informed of the charges against them and their right to remain silent. Within 48 hours, they are brought before the competent Public Prosecution for further proceedings. Within another 48 hours, they must appear before a judge who decides on their release or detention pending trial.
Arrest under Civil Procedure
Arrest in civil cases is governed by Federal Decree-Law No. 42/2022 of Civil Procedure. If a misdemeanour occurs during trial sessions, such as aggression against the court panel or false testimony, the court can order the arrest of the perpetrator. The arrested individual is then referred to the Public Prosecution to initiate legal actions against them.
Individuals have the right to file a grievance against the decision to issue an arrest warrant or the refusal to issue one. The grievance must be filed within seven days of the decision or notification date. The judge responsible for reviewing the grievance issues a decision to cancel or modify the contested decision.
Detention under Criminal Procedure
Detention for questioning is a temporary measure used to gather evidence related to specific incidents or investigations. In the UAE, individuals can be detained for up to 72 hours initially, which includes 24 hours for initial suspicion and 48 hours before meeting with the prosecution.
This period is extendable based on the necessity of ongoing investigations. Under Federal Decree-Law No. 38/2022, personal freedoms are protected, and no individual can be subjected to arrest, inspection, detention, imprisonment, prevention from travelling, or electronic monitoring unless specified by law.
Detention under remand can be ordered if there is sufficient evidence and the offence committed is a felony or a misdemeanour punishable by penalties other than a fine. The initial detention period under remand is seven days, with the possibility of renewal for up to 14 days.
The Public Prosecution supervises penal institutions and places of detention under remand. If extending detention beyond specified periods is deemed necessary for the investigation, the Public Prosecution must present the lawsuit file to a judge of the competent Criminal Court.
The judge examines the case, including the defendant's statements, and decides whether to extend detention for a maximum of 30 days, with the possibility of renewal.
Criminal Cases Lapse
Criminal cases in the UAE lapse under specific conditions: felonies punishable by death sentences lapse after 20 years, other felonies after 10 years, misdemeanours after 3 years, and violations after 1 year, unless there is a legal provision for an extension due to ongoing proceedings.
Judicial Officers and Evidence Collection
Judicial officers from various government departments, including police, public prosecution and criminal courts, are authorised to inspect crimes and gather evidence.
Additional persons authorised for evidence gathering under Article 32 of the Criminal Procedures Law include officers of the armed forces, border police, coastguards, immigration officers, inspectors from municipalities and the Ministry of Health and Prevention.
Role of Police and Public Prosecution
The police play a crucial role in maintaining public safety, recording statements from complainants and witnesses, arresting suspects, conducting investigations and executing orders from the Public Prosecution to aid investigations.
Criminal proceedings in the UAE typically begin with filing a complaint at the local police station where the offence occurred. The police may take statements from all involved parties and refer the matter to the prosecutor's office within 48 hours of the complaint being filed.
The Public Prosecution is responsible for questioning the accused within 24 hours and deciding on their arrest or release as per Article 47 of the law.
Understanding these procedures is essential for navigating the UAE legal system, ensuring fair treatment and protecting individual rights under the law. Whether in criminal or civil contexts, adherence to these procedures safeguards against arbitrary detention or arrest, promoting a just legal process.
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Dubai, with its vibrant economy and entrepreneurial spirit, is an attractive destination for freelancers looking to start their own business.
If you're considering transitioning to freelancing in Dubai, understanding the process of obtaining a freelance license, visa, and navigating the tax obligations is crucial. This article will guide you through the steps to get started and ensure you stay compliant with the UAE's tax laws.
To understand the legal framework, consider the provisions of Article 8 on the Implementing Regulation of Federal Decree-Law No. 33/2021 Regarding the Regulation of Employment Relationships. This law recognises self-employment or freelancing as an independent and flexible work system where a natural person generates direct income by providing services for a specified period or task, without being considered an employee of the individuals or establishments receiving the services.
How to Get a Freelance License and Visa in Dubai Mainland
Before diving into freelancing, you'll need to obtain the necessary licenses and visas to operate legally in Dubai. In accordance with UAE Labour Law, a freelance permit allows individuals to engage in self-employment independently without sponsorship from a specific employer. Here’s a step-by-step guide to help you through the process:
Obtaining a Freelance License
1. Choose Your Activity: Identify the specific activity you wish to freelance in, such as content creation, photography, consultancy, or journalism. This will determine the type of license you need.
2. Submit Your Application: You can apply for a freelance license through the Department of Economic Development (DED) in Dubai. The application process typically involves submitting your passport copy, resume, and recent photograph. Some activities may require proof of work experience or qualifications.
3. Pay the Fees: The cost of a freelance license varies depending on the nature of your activity. The fees for a freelance license in Dubai mainland generally range from AED 7,500 to AED 15,000 annually.
4. Receive Your License: Once your application is approved and the fees are paid, you will receive your freelance license, allowing you to operate legally as a freelancer in Dubai mainland.
Obtaining a Freelance Visa
1. Visa Application: With your freelance license, you can apply for a residency visa through the General Directorate of Residency and Foreigners Affairs (GDRFA). The application process involves submitting your passport, medical fitness test results, Emirates ID application, and passport-sized photos.
2. Medical Fitness Test: Undergo a medical fitness test at an approved center. This includes a blood test and chest X-ray.
3. Emirates ID: Apply for your Emirates ID, which is a mandatory identification card for all residents in the UAE.
4. Visa Stamping: After completing the medical test and Emirates ID application, your visa will be stamped in your passport, granting you legal residency in Dubai.
Transitioning from Employment to Freelancing
If you are currently employed by an existing company in Dubai and wish to pursue freelancing, here are the steps you should follow:
1. Check Employment Contract: Review your current employment contract for any clauses related to freelancing or secondary employment. Some contracts may restrict you from engaging in other work without your employer's consent.
2. Obtain NOC from Employer: If your employment contract allows, request a No Objection Certificate (NOC) from your employer. This document states that your employer has no objections to you starting freelance work.
3. Apply for Freelance License: With the NOC, proceed with the application process for a freelance license as described above. Ensure you meet all requirements and submit the necessary documents.
5. Legal and Tax Compliance: Be mindful of your tax obligations as a freelancer, including corporate tax and VAT compliance. Maintain accurate records of your freelance income and expenses separately from your employment income.
Taxation for Freelancers: Corporate Tax and VAT
Once you're set up with your freelance license and visa, it's essential to understand your tax obligations in the UAE. While the UAE is known for its tax-friendly environment, freelancers must comply with corporate tax and Value-Added Tax (VAT) regulations.
Value-Added Tax (VAT) for Freelancers
VAT is a consumption tax introduced in the UAE on January 1, 2018, and applies to most goods and services.
1. VAT Registration Threshold: Freelancers must register for VAT if their annual income from services exceeds AED 375,000. However, you can voluntarily register for VAT at any point, even if your income is below the specified threshold.
2. VAT Compliance: Registered freelancers must issue VAT-compliant invoices, file periodic VAT returns with the FTA, and maintain accurate records of all VAT transactions. The standard VAT rate is 5%.
3. Zero-Rated and Exempt Services: Certain services are zero-rated or exempt from VAT, including exports of services, international consulting, and specific education and healthcare services. Freelancers providing these services must still register for VAT if their income exceeds the registration threshold but will not charge VAT on these services.
Corporate Tax for Freelancers
As of June 1, 2023, the UAE has introduced a federal corporate tax regime, impacting freelancers who earn taxable profits.
1. Corporate Tax Rate: The standard corporate tax rate is set at 9% for businesses, including freelancers, whose annual taxable profits exceed AED 375,000. However, It is mandatory to register for corporate tax regardless of your income level.
2. Taxable Threshold: If your annual income as a freelancer is below AED 375,000, you are exempt from corporate tax. However, if you exceed this threshold, you must register with the Federal Tax Authority (FTA), file tax returns, and pay the applicable taxes.
3. Tax Compliance: Freelancers must keep accurate records of their income and allowable deductions to ensure proper tax filings.
Navigating Tax Compliance
To ensure you remain compliant with corporate tax and VAT regulations, consider the following steps:
1. Seek Professional Advice: Engage a tax advisor or accountant to help you navigate the complexities of the UAE tax system.
2. Monitor Income: Regularly track your income to determine your corporate tax obligations and plan for timely payments.
3. Maintain Accurate Records: Keep detailed financial records to support your tax filings and facilitate audits if required.
4. Stay Updated: Stay informed about changes in tax laws and regulations to adapt your business practices accordingly.
Conclusion
Starting a freelancing career in Dubai mainland offers numerous opportunities, but it comes with responsibilities, including compliance with corporate tax and VAT regulations. By obtaining the appropriate licenses, understanding your tax obligations, and seeking professional advice, you can successfully navigate the tax landscape and thrive as a freelancer in the UAE's dynamic economy.
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If you've received a traffic fine while driving someone else's car in the UAE, transferring the associated black points to your own licence is critical.
Black points are tied to the driving licence, not the vehicle, meaning they get registered on the licence associated with the car's Traffic Code (TC) number. Here's how you can manage this process.
Understanding Black Points
Black points are penalties for severe traffic violations. While minor infractions result in monetary fines, more dangerous behaviours can accrue black points. Drivers can accumulate up to 24 black points before their case is referred to the courts, potentially leading to licence suspension or confiscation.
Traffic Code Number (TC No.)
A Traffic Code number is linked to your driving licence and any vehicles registered under your name. It remains consistent across all vehicles registered to you.
Transferring Black Points
Traffic authorities in the UAE allow for the transfer of black points through online services or at police station traffic departments.
Here's a Step-By-Step Guide for Each Emirate:
Sharjah, Ajman, Umm Al Quwain, Ras Al Khaimah, Fujairah
Abu Dhabi
Dubai
To monitor black points on your licence:
Dubai: Use the 'Dubai Police' app or call 901.
Abu Dhabi: Use the 'Tamm' app.
Other Emirates: Use the 'MOI UAE' app.
Reducing Black Points
You can reduce black points by attending a traffic training course offered by the police in Dubai or Abu Dhabi. These courses can remove up to eight points from your record.
Preventing Black Points
Adhere to Traffic Regulations: Follow speed limits, traffic signals, and avoid reckless driving.
Defensive Driving Courses: These courses can improve your driving skills and reduce the risk of violations.
Vehicle Maintenance: Regular checks on your vehicle's essential components can prevent accidents.
Keep Documentation Updated: Ensure your driving licence and vehicle registration are current to avoid penalties.
Highest Black Point Violations
Transporting passengers without permission: 24 points, Dh3,000 fine.
Carrying hazardous materials without permission: 24 points, Dh3,000 fine.
Causing serious accidents or injuries: 23 points, fine decided by the court.
Driving under the influence of alcohol: 23 points, fine decided by the court.
By following these guidelines, you can manage black points effectively and maintain a clean driving record in the UAE.
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In the United Arab Emirates, the removal of a partner from a company is governed by specific legal provisions. This process, while feasible, is not straightforward and requires adherence to particular conditions outlined in the law.
Legal Grounds for Removal Under Article 677
According to Article 677 of the Civil Transactions Law, the removal of a partner can be initiated by the majority of the partners. They may apply to the court for the exclusion of any partner if their request is based on serious grounds that justify such exclusion. This indicates that the reason for removal must be substantial.
A partner also has the right to request retirement from the partnership if the duration of the partnership is fixed. In such cases, the partner must provide adequate reasons for their request to the court, which then has the authority to authorise the retirement.
Judicial Precedents and Higher Court Decisions
The Higher Court of Dubai, in its decision No. 260/2011 of Civil Cassation, has reinforced the difficulty of removing a partner from a limited liability company.
The court ruled that as long as the company remains in existence and the partner maintains their shares, it is not permissible to remove the partner because their relationship with the company and the other partners is not based on personal considerations.
Furthermore, the court noted that a company is not harmed by a partner simply because they own shares in it. The partner's liability arises only if they are involved in the company's management and cause damage in that capacity.
Hence, the decision to remove a partner rests entirely on the discretion of the trial court and is contingent upon the presentation of serious and justifiable reasons.
Entitlement to Salaries for Partner-Directors
Regarding the financial entitlements of a partner who is also a director, the conditions for claiming salary allowances depend on the company's Memorandum of Association (MoA) and any separate labour contracts.
If the salaries are stipulated in the MoA, the partner-director is entitled to claim these salaries for a period of two years through the civil courts.
However, if the salaries are agreed upon in a separate labour contract, the partner-director can claim the salaries for the last year only, and this claim must be pursued in the labour courts.
Removing a partner from a company in the UAE involves navigating complex legal provisions and judicial precedents. Article 677 of the Civil Transactions Law provides a framework, but the process requires substantial justification and is subject to the discretion of the court.
Additionally, the financial claims of partner-directors depend on specific agreements within the company's founding documents or separate contracts.
Understanding these nuances is crucial for partners and directors in managing their legal and financial rights within the corporate structure of the UAE.
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Sexual harassment is a violation of dignity, an abuse of power and intolerable. In recent years, workplace sexual harassment has become a growing concern globally, and the UAE is no exception.
With its diverse workforce and rapidly modernising corporate landscape, understanding the legal framework surrounding workplace sexual harassment in the UAE is crucial for both employees and employers.
Legal Framework and Protections
The UAE has taken significant steps to address workplace sexual harassment through its legal system. Federal Law No. 3 of 1987 (the UAE Penal Code) and Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (the New Labour Law), effective as of 2nd February 2022, provide the foundation for addressing such issues.
Key Legal Provisions
UAE Penal Code: The Penal Code criminalises acts of sexual harassment and imposes severe penalties on offenders, including imprisonment and fines.
New Labour Law: This law explicitly prohibits workplace harassment and outlines the rights and protections for employees. It mandates employers to maintain a safe and respectful working environment and stipulates penalties for non-compliance.
Legal Questions and Remedies
To provide clarity on the legal remedies available for victims of workplace sexual harassment, TLR spoke with legal experts about the questions most commonly asked by victims.
Q1: What constitutes sexual harassment under UAE law?
A1: Sexual harassment is broadly defined under UAE law to include any unwelcome behaviour of a sexual nature that creates a hostile, intimidating, or offensive work environment. This can include physical acts, verbal comments, or non-verbal actions such as inappropriate gestures or displays of explicit materials.
Q2:What should I do if I experience sexual harassment at work?
A2: If you experience sexual harassment, it is important to:
• Document the incidents meticulously, including dates, times and details of the harassment.
• Report the harassment to your employer, HR department, or a trusted manager. The New Labour Law requires employers to take such complaints seriously and act promptly.
• Seek legal advice to understand your rights and the steps to take. Contacting a lawyer early can help guide you through the process and ensure your case is handled properly.
Q3: Can I report sexual harassment anonymously?
A3: While some companies may offer anonymous reporting options, UAE law generally requires a formal complaint to initiate legal proceedings. Employers are encouraged to create safe reporting mechanisms that protect the identity of complainants to the extent possible.
Q4:What are my legal rights if I am a victim of workplace sexual harassment?
A4: As a victim, you have the right to:
• A harassment-free workplace.
• Report the harassment without fear of retaliation.
• Seek compensation for damages suffered due to the harassment.
• Terminate your employment if the harassment persists and your employer fails to address the situation adequately.
Q5:What remedies are available through the UAE legal system?
A5: Victims can seek several remedies, including:
• Filing a Complaint with the Ministry of Human Resources and Emiratisation (MoHRE): This initiates an investigation into the complaint.
• Civil Lawsuit for Compensation: Victims can pursue a civil case to seek monetary compensation for emotional distress and other damages.
• Criminal Proceedings: If the harassment constitutes a criminal act, victims can file a police report, leading to potential criminal charges against the harasser.
Q6:Can I be terminated for reporting sexual harassment?
A6: The New Labour Law explicitly prohibits retaliation against employees for reporting harassment. If an employer terminates an employee for such reasons, the termination could be deemed unfair or unlawful, potentially leading to legal consequences for the employer.
Q7:How can employers prevent workplace sexual harassment?
A7: Employers are encouraged to:
• Develop and enforce comprehensive anti-harassment policies.
• Provide regular training on recognising and preventing harassment.
• Establish clear procedures for reporting and addressing complaints.
• Foster a culture of respect and inclusion in the workplace.
Moving Forward
Addressing workplace sexual harassment requires a collective effort from employees, employers and the legal system. The UAE's evolving legal framework aims to create a safer and more respectful work environment for everyone.
By understanding their rights and the legal remedies available, victims can take decisive action to protect themselves and seek justice.
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The UAE’s Ministry of Health and Prevention (Mohap) has introduced new procedures and controls for cases where abortion is permitted, offering significant relief to women with high-risk pregnancies.
Medical professionals have warmly welcomed this move, noting that it will make it easier for pregnant women to access critical healthcare services within the country. Previously, some women had to travel abroad for safe abortion services. This amendment ensures such care is now available locally, providing a safer and more supportive environment for women’s health.
The new rules prioritise the preservation of women’s lives and their safety. The policy takes into account all aspects such as safety, religious and cultural beliefs of the country. It will surely be a lifesaver for our mothers. It will also be a great relief for couples dealing with the devastating news of having an anomalous baby or facing risks to the mother’s life due to pregnancy.
The recent amendment to the UAE abortion law aims to reduce the physical and mental impact on mothers. It significantly lowers the risk associated with unsupervised procedures carried out away from authorised personnel.
Many women approach medical professionals to discuss their available legal options to terminate unwanted pregnancies, whether for medical or mental reasons. The amendments ensure these procedures are conducted under a legally authorised and supervised framework, guaranteeing the safety of the women involved.
Legal Stipulations
A dedicated committee, formed by Mohap or the head of an emirate’s health authority, will make decisions on abortion requests. This committee will include three specialists: an obstetrics and gynaecology specialist, a psychiatry specialist and a representative from the Public Prosecution. Additionally, the committee may consult a third party with appropriate expertise when necessary.
Permissible Circumstances for Abortion
Mohap has clearly stated that abortion is permissible if continuing the pregnancy endangers the woman’s life, if there is no alternative to save her life, or if severe foetal deformation is proven and will affect the newborn’s health and life. These cases must be supported by a medical report from a specialised medical committee. Other cases are also permitted, provided the gestational period does not exceed 120 days.
Authorised Facilities and Procedures
Abortions must be performed only in authorised healthcare facilities by licensed obstetrician-gynaecologists. The procedure must be free of medical complications that could put the woman’s life at high risk. Healthcare facilities are required to detail the rights and responsibilities of the pregnant woman, explain necessary healthcare requirements before and after the procedure, and maintain the privacy and confidentiality of personal data.
Responsibilities of Healthcare Facilities
Healthcare facilities must ensure the rights and privacy of women undergoing abortions. They are also responsible for monitoring and supervising their activities and ensuring compliance with regulations. Earlier this year, a UAE law was amended to ease consent rules, making it easier for medical professionals to carry out the procedure if the mother's life is in grave danger. Consent is not a condition in emergency cases requiring immediate surgical intervention.
Notable Changes in the Law
The amendments to the law have updated previous provisions, asserting that only the consent of the pregnant woman, and not her husband, is required to commence an abortion. In emergency cases requiring immediate surgical intervention, consent is not a condition. Medical professionals are allowed to carry out abortions in two primary scenarios:
In both cases, multiple conditions apply according to the law. This is a notable change as the law now imposes a hierarchy for consent, in which the pregnant woman’s consent takes priority.
This development champions the autonomy of women and increases the availability of abortion operations to women that fulfil the criteria needed by the law. The amendment also removes the restriction limiting the availability of abortion to 120 days of gestation if the pregnancy poses a risk to the mother’s life.
Additionally, the law has granted the cabinet the power to issue resolutions determining other cases of permitted abortion, which is a promising inclusion. These amendments exemplify the UAE's commitment to staying up-to-date and being open to foreigners and their diverse cultures.
The medical liability law emphasises the duties practitioners must uphold to protect the dignity and sanctity of life as well as the autonomy of patients. It requires doctors to use relevant technologies for proper diagnosis, ensure confidentiality and obtain informed consent.
Both the law and its amendments recognise scenarios that necessitate abortion operations. Abortion is allowed when the pregnant woman’s life is endangered to the extent that it is the only viable option to save her life. It may also be done if the foetus is “seriously and incurably deformed.”
Abortions performed under any other scenario, even with parental consent, are punishable by imprisonment for up to four years. If an abortion leads to the death of the victim, the medical professional may be jailed for up to ten years.
These changes are particularly relevant given recent updates in UAE law, such as allowing single mothers to give birth in the country. Under the previous law, a single mother with a medical complication requiring an abortion would have needed consent from her next male relatives. Now, only the woman’s consent is required, making an already emotionally difficult procedure slightly easier without the need for additional consent forms.
The UAE has amended its abortion laws to streamline the consent process and prioritise the health and well-being of pregnant women. Now, only the woman's consent is required, and immediate intervention is allowed in emergencies without prior consent.
These changes ensure safer and more accessible abortion services within the country.
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An arrest warrant has been issued for Ravinder Nath Soni, owner of BlueChip, after he failed to pay Dh10.05 million within the one-week deadline set by the Dubai Court of First Instance.
Last week, the court ordered Soni to settle the amount with a cheque execution applicant or deposit it into the court treasury by June 3. The court's warning of impending legal action has now resulted in the issuance of the arrest warrant.
Originally from Delhi, India, Ravinder Nath Soni has been a central figure in an extensive investigation concerning the alleged misappropriation of millions of investors' funds.
Operating from the Al Jawhara Building in Bur Dubai, the BlueChip group ran multiple investment companies. It gained significant attention after an endorsement by Bollywood actor Sonu Sood. Under Ravinder Nath Soni's ownership, the group claimed a $70-million portfolio and served over 700 clients, mostly UAE residents.
They promised investors three per cent monthly returns on a minimum investment of $10,000, secured for 18 months. However, this offer unravelled in March this year when payouts stopped without warning, leaving investors with bounced cheques and unanswered questions.
The full extent of losses incurred by BlueChip investors remains undetermined, though company insiders suggest the amount could exceed $100 million. Investigations reveal that Soni was involved in multiple fraudulent enterprises.
He faces charges of fraud, forgery, breach of trust, and criminal intimidation in India. Court and police records show that Soni was arrested in India in 2022 for running a fraudulent investment scheme that promised to double investors' money.
He was released on bail by a court in Aligarh, Uttar Pradesh, along with a co-accused. Another police complaint, dating back to 2019 in Panipat, Haryana, accuses Soni of deceiving an investor and threatening him with death when he demanded his money back.
Prior investigations uncovered Soni's role as a manager at Dubai-based Acme Management Consultancy and its sister concern, Acme Global General Trading, between 2018 and 2020.
These firms, which operated from the same premises as BlueChip in the Al Jawhara Building, Bur Dubai, engaged in similar schemes, allegedly soliciting millions of dirhams for forex trading, resulting in substantial losses for investors.
Among those affected was Priti Rakesh Phillips, a Dubai resident, along with her family and friends, who suffered losses totalling over Dh39 million, court records show.
Last year, a Dubai court ordered Soni to pay Dh2.05 million to another investor.
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UAE residents often wonder: Is gratuity paid even with breaks in service? This article addresses this common concern, explaining how unpaid leaves affect your gratuity and how your tenure is calculated in such situations.
Gratuity: A Right with a Requirement
Under UAE law, most foreign employees in the private sector are entitled to gratuity, also known as severance pay. This is a mandatory benefit, regardless of your profession. However, to qualify, you must complete at least one year of continuous service with your employer.
Calculating Your Gratuity: It's All About Continuous Days
The amount of gratuity you receive is based on your last basic salary, excluding allowances. The calculation considers the total number of days you've worked continuously for the company. Here's the key point: unpaid leave periods don't count towards your continuous service.
So, You've Been on Unpaid Leave: What Now?
Let's say you're about to leave your job after five years, but those years haven't been entirely continuous due to unpaid leaves. You wonder, "how will my gratuity be calculated?"
The law is clear: unpaid leaves generally don't contribute to your continuous service. This means only the days you actively worked will be considered when calculating your gratuity.
Important Exception: Continuous Service During Unpaid Leave
There can be some exceptions. If you've been on your employer's work visa throughout your entire employment period, even with unpaid leaves, it might still be considered continuous service in certain situations. However, to be certain, it's highly recommended to seek confirmation from the UAE Ministry of Labour.
Who Might Miss Out on Gratuity?
There are a few scenarios where employees may not be eligible for gratuity, regardless of continuous service:
Remember:
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When it comes to navigating the complex world of law, the relationship between a lawyer and the client is critical. It's more than just legal advice and courtrooms -- it's about trust, communication and a mutual understanding that ensures the best possible outcomes.
Trust and Confidentiality
Trust is the foundation of any strong lawyer-client relationship. Imagine sharing your deepest secrets, your financials, or even your fears, and expecting them to be safeguarded. That's precisely what happens when you confide in your lawyer.
"Confidentiality is the bedrock of our profession," says Ayushi Tripathi, Legal Associate at Dubai-based NYK Law Firm. Without it, the trust that is so essential to the lawyer-client relationship would be undermined," said Ayushi.
Communication
Think of your lawyer as your guide through the legal jungle. Clear and consistent communication ensures you’re never lost. Your lawyer needs to keep you updated, explain your options, and provide straightforward advice.
Competence and Diligence
You want a lawyer who knows the stuff and is dedicated to your case. Competence means having the right knowledge and skills, while diligence means being thorough and proactive. "At NYK, we pride ourselves on our expertise and commitment to our clients' cases, and diligence is not just a duty, it's a promise we make to every client,” says Ayushi.
Conflict of Interest
Avoiding conflicts of interest is crucial. Your lawyer should never have divided loyalties. They need to be fully committed to your cause without any competing interests. "Identifying and managing conflicts of interest is essential to uphold the ethical standards of our profession," she explains.
Empathy and Understanding
Legal issues often come with a heavy emotional load. Your lawyer should see you as more than just a case – he/she should empathise with your situation and understand the emotional and human aspects involved. "We strive to see beyond the legal issues and understand the human aspect of each case. Empathy allows us to connect with our clients and advocate for them more effectively,” she adds.
Transparency in Fees and Billing
Nobody likes surprises when it comes to billing. Transparency about fees helps build trust and ensures you know exactly what to expect.
"Open discussions about fees and billing are essential to prevent misunderstandings and ensure that clients feel respected and valued," she notes.
Professionalism and Ethical Conduct
Professionalism and ethics are non-negotiable. Your lawyer should act with integrity, honesty, and respect at all times. "Maintaining high ethical standards is the foundation of our practice. We must uphold the law while providing exceptional service to our clients,” emphasises Ayushi.
The lawyer-client relationship is a blend of trust, clear communication, expertise, empathy, transparency and unwavering professionalism. It’s about building a partnership that ensures your legal journey is as smooth as possible. It's clear that prioritising these elements helps both lawyers and clients work together effectively, navigating the legal landscape with confidence and clarity.
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A recent incident has come to light where a bank has been accused of illegally seizing a property over disputed dues. This development has raised significant concerns regarding the legal rights of property owners and the bounds of bank authority in the UAE.
In this article, we delve into the specifics of the case at hand and discuss its implications for property owners and borrowers in the region. A UAE resident found himself embroiled in a legal dispute with his bank after they allegedly seized his property without following the appropriate legal procedures.
The individual had been involved in a disagreement with the bank over outstanding debts. However, rather than resolving the matter through the judicial system, the bank took unilateral action to confiscate the property.
In the UAE, the legal process for property seizure is well-defined and must be strictly adhered to by financial institutions. According to UAE law, banks and other financial entities cannot seize properties without obtaining a court order.
The process typically involves:
Notification of Default: The borrower must be formally notified of the default on loan payments.
Court Proceedings: If the borrower fails to settle the dues, the bank must file a case in court to seek permission for property seizure.
Court Order: Only after obtaining a court order can the bank proceed with the seizure of the property.
In this case, it appears that the bank did not follow these crucial steps, leading to allegations of illegal seizure.
Property owners in the UAE are entitled to specific rights that safeguard them from unlawful actions by financial institutions. These rights include:
Right to Due Process: Property owners are entitled to a fair legal process before any seizure can occur.
Right to Dispute: Owners have the right to dispute claims and present their case in court.
Right to Compensation: If a property is illegally seized, the owner can seek compensation for damages incurred.
The implications of this case are far-reaching. It highlights the importance of adhering to legal procedures and respecting the rights of borrowers. For banks, it serves as a reminder of the legal boundaries within which they must operate. For property owners, it underscores the necessity of understanding and asserting their legal rights.
If you find yourself in a situation where a bank is threatening to seize your property without following due process, here are some steps you can take:
*Consult with a legal expert to understand your rights and the appropriate course of action.
* Keep records of all communications and transactions with the bank.
* Report the matter to relevant authorities if you believe your rights are being violated.
* If necessary, take legal action to protect your property and seek compensation for any illegal actions.
In conclusion, the aforementioned incident highlights the critical role that legal due process plays in protecting the rights of property owners. Both financial institutions and individuals must respect these rights and ensure compliance with the relevant laws and regulations.
Should you find yourself involved in a similar dispute, it is highly recommended that you seek the guidance of a qualified legal professional.
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Unexpected job loss can be a stressful experience. However, the UAE Labour Law offers provisions to ease the transition and assist you in securing new employment. Let's explore the key benefits available under Federal Decree-Law No. 33 of 2021:
Notice Period or Compensation: Both the employer and employee are obligated to provide written notice (30 to 90 days) before terminating the employment contract (Article 43). If your employment is terminated, you are entitled to receive your full salary during this notice period, unless mutually waived.
Interview Time Off: During your notice period, you are entitled to take one unpaid day off per week to attend job interviews. Simply inform your employer three days in advance (not covered under Article 43).
End-of-Service Dues and Work Permit:Your employer cannot cancel your work permit until you receive all your outstanding dues (salary, gratuity, etc.) within 14 days of termination. You have the right to file a labour complaint if your gratuity payment is delayed.
Involuntary Loss of Employment (ILOE) Support: If you have been subscribed to the ILOE scheme for a minimum of twelve consecutive months, you are eligible to receive 60 per cent of your basic salary for three months after job loss. Ensure you file your claim within one month of termination.
Experience Certificate: You are legally entitled to an experience certificate from your previous employer. This stamped document issued by the Ministry of Human Resources and Emiratisation (MoHRE) details your job title, salary, and years of service. You can obtain it instantly through the MoHRE app if not provided by your employer.
Obtaining Your Experience Certificate Through the MOHRE App
Download and Installation: The MoHRE app is available for free download on the Apple App Store and Google Play Store. Install the application on your smartphone.
Account Creation: Launch the MoHRE app and select "Sign Up." Choose the "Employee" option and register using your Emirates ID number, passport number, or labour card number.
Service Location: Once logged in, navigate to the services section. This may be labelled "Show All" or a similar option. Locate and select "Employment History Certificate" from the list of services.
Request and Download: Follow the on-screen instructions after selecting "Employment History Certificate." Your official and stamped experience certificate will be generated immediately. You can then choose to save it to your phone or send it directly to someone's email address.
Visa Grace Period: Following work permit cancellation, you are granted a grace period (approximately one month) to regularise your immigration status. This allows you the opportunity to apply for a new visa if you intend to remain in the UAE (e.g., through a new employer).
Repatriation Ticket: If you are departing the UAE, your employer is responsible for covering the cost of your repatriation ticket back to your point of hire or a mutually agreed-upon location. This excludes situations where you find a new job in the UAE or were terminated for misconduct (Article 13(12)).
The UAE law offers significant protections for employees, covering various essential aspects. If you want to explore more about these protections, you can check out this link.
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Despite the introduction of the new RERA Rental Index in Dubai two months ago, tenants continue to receive eviction notices from landlords eager to renegotiate rents.
Although tenants have a 12-month grace period before eviction, some landlords are offering sweeteners to hasten the process. These incentives include covering a portion of the increased rent tenants would pay in a new property, demonstrating a tactic-based method to circumvent the regulatory changes and maximise rental yields.
In Dubai, landlords are offering generous incentives to hasten evictions, with some paying over 50 per cent of the increased rent on a new property in the same area. The landlords are occupying the apartment personally and don’t want to wait the full 12 months. While such generous offers are exceptions, they still represent significant savings for landlords eager to regain access to their properties.
Eviction notices remain common, driven by factors such as property sales or personal use, not because of a decrease in demand for rentals. These notices are often tied to sale prices or landlords finding it more affordable to occupy their properties.
Contrary to expectations, the updated RERA Rental Index has not led to a significant decrease in eviction notices. Initially, it was thought that landlords would have less incentive to issue eviction notices, as they could now adjust rents to match market rates. However, the current trend suggests otherwise. Landlords are either increasing rents or issuing eviction notices, indicating that the new index has not reduced the number of evictions.
The data suggests that landlords are prioritising their interests, either by maximising rental income or regaining control of their properties. According to Dubai's regulations, landlords are required to provide 12-month eviction notices in specific circumstances: when they intend to occupy the property themselves, sell it, or undertake major renovations.
Notably, despite the introduction of the new rent index, there has been no significant surge in landlords seeking valuations from the Dubai Rental Disputes Centre to resolve disputes related to rent increases. This suggests that landlords are not actively utilising formal channels to address rent-related issues, instead opting for alternative approaches, such as negotiating with tenants or issuing eviction notices.
Landlords seeking to adjust rents must now follow a specific process. First, they must apply to open a rental adjustment case, and if the judge rules in their favour, they can then request a rental valuation.
This valuation will assess the rent based on the current market value in that area. However, it's important to note that the tenancy laws still apply, governing the maximum amount by which landlords can increase rents. This process ensures that rent adjustments are fair and aligned with market rates, while also protecting tenants from excessive increases.
Landlords who obtain a new valuation certificate must adhere to the following rent increase guidelines:
The landlords must operate within these predetermined ranges, even if the valuation suggests potentially higher rents. The regulations ensure that rent adjustments are fair and controlled, preventing excessive increases.
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For expatriates leaving the United Arab Emirates, understanding how to collect end-of-service benefits is crucial. These benefits, a mandatory part of employment contracts, are designed to provide financial security to employees after their tenure in the country. Here’s a comprehensive guide on how to navigate the process effectively.
Understanding End-of-Service Benefits
End-of-service benefits, commonly known as gratuity, are stipulated by the UAE Labour Law. The amount an employee receives depends on their length of service and the nature of their termination. Typically, an employee who has completed at least one year of continuous service is eligible for these benefits.
Steps to Collect End-of-Service Benefits
Resignation or Termination: The process begins with either resignation or termination. Employees should provide proper notice as stipulated in their contract to avoid any legal complications.
Final Settlement: Upon resignation or termination, the employer is required to prepare a final settlement which includes the end-of-service benefits. This settlement should be provided within 14 days of the employee’s last working day.
Calculating Gratuity: The gratuity is calculated based on the employee's last drawn basic salary, excluding allowances and bonuses. The formula typically used is:
Documentation: Employees must ensure all documentation is in order. This includes a copy of the labour contract, proof of salary and records of service duration. It is advisable to keep copies of resignation letters or termination notices.
Clearing Dues: Before leaving the UAE, employees should ensure all financial dues are cleared, including any outstanding loans or credit card bills. Employers might withhold the end-of-service benefits if there are any unresolved dues.
Exit Formalities: Completing exit formalities is crucial. This includes cancelling the work visa, returning company property, and obtaining a clearance certificate from the employer.
Legal Recourse: If there is a dispute over the end-of-service benefits, employees can approach the Ministry of Human Resources and Emiratisation (MoHRE) for resolution. The MoHRE provides mediation services and can facilitate legal action if necessary.
Key Considerations
Partial Benefits: Employees who resign before completing five years of service might receive partial benefits, calculated on a pro-rata basis.
Unlimited vs. Limited Contracts: The type of employment contract affects gratuity calculation. Limited contracts usually provide better terms if terminated before completion.
Gratuity Caps: The gratuity amount is capped at two years’ worth of salary, regardless of the length of service.
Expert Advice
Legal experts advise expatriates to familiarise themselves with the UAE Labour Law and consult with legal professionals if needed. “Understanding your rights and the legal framework can help ensure a smooth transition,” says Mary Rintu Raju NYK Law Firm, a legal consultant based in Dubai.
Conclusion
Collecting end-of-service benefits requires careful planning and adherence to legal procedures. By following the outlined steps and seeking appropriate advice, expatriates can secure their rightful dues and make a smooth transition as they leave the Emirates.
For more detailed information, expatriates are encouraged to visit the MoHRE website or consult with legal professionals specialising in UAE labour law.
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It’s important for employees to know their rights regarding notice periods, termination, and the new working week. All legally employed individuals in the UAE have the right to raise their cases with the Ministry of Human Resources and Emiratisation (MoHRE) if their employer violates labour laws. This article outlines employees’ legal liabilities and obligations.
UAE's attractive paychecks are a primary reason for the large expatriate population. Thousands of people come to the UAE every year hoping to advance their careers. Following recent cases of employee rights violations, the UAE government has amended labour laws, effective from February 2, 2022.
Notice Period under Article 43 of the Employment Law
The notice period should not be less than 30 days and not more than 90 days. This means that even if the employment contract does not specify a notice period, the law obligates employers to provide employees a minimum of 30 days' notice.
If mentioned in the contract, the maximum duration of the notice period is 90 days. If the company does not wish for the employee to serve the 30-day notice, it must compensate the employee for the value of that notice period.
When Can Employment Contracts Be Terminated
According to Article 42 of the Federal Decree Law, the employment contract can be terminated in any of the following cases:
When Can the Worker Be Dismissed Without Notice
According to Article 44 of the Federal Decree Law, the employer may dismiss the worker without notice after conducting a written investigation, provided the dismissal decision is in writing, justified, and handed to the worker in any of the following cases:
When Can the Worker Quit Work Without Notice
According to Article 45 of the Federal Decree Law, the worker can quit work without notice, while retaining his rights upon end of service in any of the following cases:
Public Holidays and Worker’s Work During Holidays
New Working Week
The UAE federal government has adopted a four and a half-day working week. Hence, employees work eight hours from 7:30 am to 3:30 pm from Monday to Thursday, and from 7:30 am to 12:00 pm on Fridays.
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The UAE has taken significant strides in protecting intellectual property rights (IPR) by blocking over 1,000 illegal websites this year for violating cyber laws. These sites, which illegally broadcasted entertainment content owned by various media networks, were primarily blocked during Ramadan, a period marked by high demand for multimedia content.
According to Dr Abdulrahman Hassan Al Muaini, Assistant Undersecretary for the Intellectual Property Rights Sector at the Ministry of Economy (MoE), “since the implementation of the ‘InstaBlock’ initiative during the holy month of Ramadan, we have blocked a total of 1,117 websites that infringed upon intellectual property rights.”
This is a marked increase from 2023, when only 62 sites were blocked, underscoring the UAE's enhanced approach to IPR protection.
Types of Cybercrimes and Penalties in the UAE
Unauthorised Access: Gaining unauthorised access to computer systems or networks is a serious offense in the UAE. This includes hacking into systems to steal data or disrupt operations. Penalties for unauthorized access can include imprisonment, fines, or both, depending on the severity of the offense.
Hacking: Hacking involves breaking into computer systems or networks without permission, often to steal or manipulate data. In the UAE, hacking is met with severe penalties, including long-term imprisonment and hefty fines, aimed at deterring such malicious activities.
Phishing: Phishing refers to fraudulent attempts to obtain sensitive information such as usernames, passwords, and credit card details by masquerading as a trustworthy entity in electronic communications. Phishing activities are punishable by imprisonment and significant fines, reflecting the serious nature of this cybercrime.
Cyber Fraud: Cyber fraud encompasses various deceptive practices carried out online, including identity theft, online scams and financial fraud. The penalties for cyber fraud in the UAE are stringent, including imprisonment and substantial fines, to protect individuals and businesses from financial losses and reputational damage.
Dissemination of Malicious Software
The creation, distribution, or use of malicious software (malware) to harm computer systems, steal data, or disrupt operations is strictly prohibited in the UAE. Offenders can face severe penalties, including long-term imprisonment and substantial fines, to curb the spread of malware and protect cybersecurity.
For a more detailed understanding of these cybercrimes and the specific penalties associated with each, you can read more here.
IPR in UAE: Cornerstone of Innovation and Economic Growth
IPR serves as a cornerstone in protecting creative expressions, technological advancements, and unique brands, fostering innovation and economic growth. In the UAE, the legal framework for IPR encompasses Copyrights, Trademarks, and Patents, each playing a crucial role in safeguarding the rights of creators, inventors, and businesses.
Copyrights in the UAE
Governed by Federal Decree-Law No. 38/2021, copyright protection in the UAE grants protection to innovative literary, artistic, and scientific creations. Key aspects include:
Definition of Authorship and Joint Authorship: Recognises individuals who create copyrightable works and allows creators of all ages to register their works.
Authorisation for Use of the Work: Copyright owners have exclusive rights over their works and can delegate rights management to professional associations.
Copyright Registration Process: Overseen by the Ministry of Economy’s Department of Copyright, the process is efficient and user-friendly.
Scope of Copyrightable Works: Includes a wide range of creative works such as literary works, software, audio and video creations, and more.
Rights Enjoyed by Copyright Owners: Includes economic and moral rights, lasting 50 years after the author's death.
Penalties for Infringement: Strict penalties for violations, including imprisonment and fines.
Trademarks in the UAE
Trademark protection is governed by Federal Decree-Law No. 36/2021, providing a robust framework for the registration, protection, and enforcement of trademarks. Key aspects include:
Definition of Trademark: Includes signs, names, words, symbols, and more that distinguish goods or services.Trademark Registration Process:Managed by the Ministry of Economy, the process is accessible and covers multiple categories.
Trademark Protection Period and Renewal: Trademarks are protected for ten years and can be renewed.
Cancellation and Disputes: These can be brought before the Competent Court or resolved through the Trademarks Grievances Committee.
Assignment, Transfer, and Licensing: Trademarks can be assigned, transferred, or licensed.
Patents in the UAE
Patent protection is governed by Federal Law No. 11/2021, ensuring the protection of intellectual property rights related to inventions. Key aspects include:
Patent Validity and Examination: Requires formal and substantive examinations for novelty, inventive steps, and industrial applicability.
Patentability Requirements: Inventions must meet specific criteria and certain categories are excluded.
Patent Registration Process: Involves application submission, fee payment, and compliance with regulations.
Rights and Duration: Patents are protected for twenty years from the application filing date.
Patent Licensing and Transfer: Can be licensed or transferred to others, subject to registration.
Enhancing IPR Protection: Initiatives and Technologies
The UAE's proactive stance on IPR protection, highlighted by the significant increase in blocked websites, is part of a broader strategy to foster a secure and fair digital environment.
The 'InstaBlock' initiative provides a specialized instant response service for copyright infringement complaints, demonstrating the ministry's capability to act swiftly and decisively. Additionally, tools like 'LiveBan' are designed to handle live online broadcasting infringements.
By leveraging advanced technologies and a robust legal framework, the UAE aims to safeguard the interests of content creators and media networks, ensuring their works are protected from unauthorised use and distribution. This approach helps preserve the economic value of creative works and promotes a culture of respect for intellectual property rights.
Conclusion
The UAE's efforts to block over 1,000 illegal websites this year, particularly during Ramadan, underscore the country's commitment to intellectual property protection. The significant increase in blocked sites compared to last year highlights the effectiveness of the comprehensive measures implemented by the Ministry of Economy.
These efforts are crucial in maintaining a fair and secure digital ecosystem, protecting the rights of content creators, and promoting the legal and ethical consumption of multimedia content.
The UAE’s robust legal framework for Copyrights, Trademarks and Patents continues to foster innovation, creativity and economic growth, reinforcing its position as a global hub for creativity and the knowledge economy.
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If you have been working in a private company for years and have not received your agreed-upon commissions and annual leave allowance for half the time, you might wonder what your rights are.
According to your employer, you may not have the legal right to claim these after two years. Additionally, if you file a labour complaint, your employer might dismiss you from your job.In such a scenario, here are the rights you should claim according to labour law:
Annual Leave Allowance
Article 29 of Labour Law No. 33 of 2021: You are entitled to payment for any accrued leave days if you quit your job before using them, regardless of the leave duration. This includes leave wages for parts of the year proportionate to the period you spent working, calculated based on your basic wage.
Unpaid Salaries and Commissions
Article 54/9 of the Federal Decree Law No. (20) of 2023 Amending Certain Provisions of Federal Decree Law No. (33) of 2021: You can claim any unpaid salaries, commissions, bonuses, etc., for the last year of your service. Lawsuits regarding these rights cannot be heard after one year from the maturity date of the right subject to the lawsuit.
End-of-Service Gratuity
Article 51 of the Law: You are entitled to an end-of-service gratuity upon completing one or more years of continuous service, calculated according to your basic wage. This includes:
* The wage of twenty-one (21) days for each year of the first five years of service.
* The wage of thirty (30) days for each year thereafter.
Compensation for Arbitrary Dismissal
Article 47 of the Law: If you were dismissed because you filed a serious complaint to the Ministry or a case against the employer that was proven to be true, the termination is considered unlawful. The employer is required to pay you fair compensation, which must not exceed the wage for a period of three (3) months, calculated according to your last received wage.
Warning Period Compensation
Article 43 of the Law: If your employer did not abide by the agreed-upon warning period, they must pay you compensation called a warning allowance. This compensation is equal to your wage for the entire warning period or the remaining part of it, even if the failure to warn did not result in harm.
By understanding these rights, you can ensure that you are fairly compensated for your work and any unjust treatment you may have faced.
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In the bustling city of Dubai, where the real estate market is dynamic and ever-evolving, tenants often find themselves navigating the complexities of rental agreements and regulations. A common question among renters is whether they can ignore a landlord's rent increase demand if they haven't received a 90-day notice.
Let's delve into this topic, alongside understanding the permissible rent increase limits and the fees agents or middlemen can charge annually.
Understanding the 90-Day Notice Rule
In the UAE, particularly in Dubai, the law is clear regarding rent increases. According to Decree No. 43 of 2013, landlords must provide tenants with at least 90 days' notice before increasing the rent.
This notice must be given in writing and should explicitly state the new rent amount and the date from which the increase will take effect. If the landlord fails to provide this notice, the tenant has the right to reject the rent increase and continue paying the old rent amount.
Can the Landlord Increase Rent Beyond the Rental Index?
The rental index, managed by the Real Estate Regulatory Agency (RERA), serves as a benchmark for determining acceptable rent increases. The RERA index is designed to maintain market stability and protect tenants from unreasonable hikes. Here are the key points:
Landlords are prohibited from increasing rent beyond these specified limits as per the RERA rental index. Therefore, tenants can confidently challenge any rent hike that exceeds these thresholds.
Administrative Fees by Agents or Middlemen
When it comes to administrative fees charged by agents or middlemen, the UAE has set guidelines to ensure fairness. The annual administrative fees should be clearly stated in the tenancy contract. Typically, these fees cover the cost of services such as maintenance, documentation and contract renewal processes.
How Much Can Agents Charge?
While the law does not specify an exact amount, it is customary for agents to charge between 2-5% of the annual rent as administrative fees. This fee is subject to the agreement between the landlord and the agent, and it should be transparently communicated to the tenant.
What Should Tenants Do?
Verify Notices: Always ensure that any rent increase notice is received at least 90 days prior to the renewal date.
Check the RERA Index: Use the RERA rental index to verify the legality of the proposed rent increase.
Review Administrative Fees: Ensure that the administrative fees charged by agents are reasonable and agreed upon in the contract.
Conclusion
Navigating rent increases in Dubai requires a clear understanding of your rights as a tenant. The 90-day notice period is crucial, and any increase must align with the RERA rental index. Additionally, ensure that administrative fees charged by agents are fair and transparent.
By staying informed and proactive, tenants can safeguard their interests and enjoy a hassle-free renting experience in one of the world's most vibrant cities.
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The UAE's labour market, known for its dynamic and diverse workforce, is governed by a set of regulations designed to balance the interests of both employers and employees.
Among the most debated topics are non-compete clauses and the conditions under which an employer can influence an employee’s ability to join rival firms or compel them to leave the country. This article delves into these issues within the framework of UAE law.
Legality of Non-Compete Clauses
Non-compete clauses are contractual agreements that restrict employees from joining competing firms or engaging in similar business activities for a specified period and within a certain geographical area after leaving an employer.
These clauses are included in employment contracts to protect the employer’s business interests, particularly their trade secrets, proprietary information and client relationships.
The UAE's Federal Decree-Law No. 33 of 2021, also known as the UAE Labour Law, addresses non-compete clauses.
According to Article 10 of the Labour Law:
For a non-compete clause to be enforceable, it must meet the following criteria:
Legitimate Business Interest: The clause should protect legitimate business interests, such as confidential information or unique business methods.
Reasonableness: The duration, geographical scope and type of restricted activity must be reasonable and not excessively broad. Typically, a duration of six months to one year and a specific geographical area are considered reasonable.
Written Agreement: The non-compete clause must be explicitly stated in writing within the employment contract and agreed upon by both parties.
In case of a dispute over a non-compete clause, the UAE courts evaluate the reasonableness and necessity of the restriction. The courts may strike down or modify overly restrictive clauses that unfairly limit an employee's ability to find new employment.
Forcing Employees to Leave the Country
In the UAE, employment visas are linked to specific employers. When an employee resigns or is terminated, their employment visa is typically cancelled. This does not inherently mean that the employee must leave the country immediately, as they may have a grace period to find a new job or switch to a different visa type.
Employers cannot force an employee to leave the country against their will. However, once an employment visa is cancelled, the individual must comply with immigration laws, which may require them to either secure a new visa or exit the country.
Under the UAE Labour Law, employees are protected from unjust treatment and have the right to seek new employment.
Employees should be aware of the following:
Notice Period: Employees are generally required to serve a notice period as stipulated in their employment contract, which cannot exceed three months.
End-of-Service Benefits: Employees are entitled to receive their end-of-service benefits, including gratuity, upon termination or resignation, provided they meet the eligibility criteria.
Labour Disputes: Employees can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) if they believe their employer is acting unlawfully or unethically.
Practical Considerations
Employees should carefully review and negotiate non-compete clauses before signing employment contracts. Seeking legal advice to understand the implications and ensure the terms are fair and reasonable is advisable.
Employees planning to leave their current job should:
Understand their contractual obligations, including notice periods and non-compete clauses.
The UAE's labour laws provide a framework that seeks to balance the interests of employers in protecting their business and the rights of employees to seek new employment opportunities.
Non-compete clauses are permissible but must be reasonable and justifiable. Employers cannot force employees to leave the country, though visa regulations must be respected.
By understanding their rights and obligations, employees can manage their job transitions more effectively and ensure they are treated fairly within the bounds of the law. For employers, adhering to legal standards in drafting and enforcing employment contracts is crucial to maintaining a fair and lawful workplace.
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A Dubai-based expatriate has initiated a lawsuit against tech giant Apple, demanding access to data associated with an AirTag device allegedly used to track his movements without consent. This case underscores escalating concerns around digital privacy and the misuse of tracking technology.
The expatriate, whose identity remains undisclosed for privacy reasons, discovered that an AirTag had been covertly placed in his vehicle. This device, designed by Apple to help users locate personal items, was instead being used to monitor his location.
The expat's immediate response was to reach out to Apple, seeking information on the AirTag's activity and the person responsible for activating it.
Legal Grounds
The plaintiff's legal counsel argues that Apple's refusal to disclose the data violates consumer privacy rights and impedes justice. They are demanding detailed logs of the AirTag’s movements and the identity of the owner linked to the device.
This lawsuit could set a significant precedent in the UAE regarding tech companies' responsibility to safeguard user data and prevent its misuse.
Apple’s Position
Apple has maintained a firm stance on user privacy, typically resisting attempts to disclose personal data without substantial legal compulsion. The company argues that complying with such requests could undermine its privacy policies and set a dangerous precedent.
However, in this case, the expat’s legal team contends that the misuse of the AirTag warrants an exception due to the potential threat to personal safety.
Broader Implications
This case brings to light the potential for misuse of tracking technologies and the legal responsibilities of tech companies. The outcome could influence how companies like Apple handle privacy concerns and data disclosure requests in the UAE and beyond.
It also raises questions about the balance between user privacy and security, especially in an era where digital devices are increasingly ubiquitous.
Public and Legal Reactions
The lawsuit has garnered significant attention from privacy advocates and legal experts. Many are watching closely to see how the UAE courts will navigate this complex issue, balancing individual privacy rights with corporate policies.
A ruling in favour of the plaintiff could lead to stricter regulations on tracking technologies and greater accountability for tech companies operating in the region.
By addressing the legal and ethical dimensions of this case, it is hoped that stronger safeguards will be established to protect individuals from invasive surveillance practices, reinforcing the importance of privacy in the digital age.
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The UAE has issued new visiting visa guidelines that require passengers to carry certain documents and funds to ensure a smooth entry process.
Travellers on visit visas must carry Dh3,000 in cash or credit, a valid return ticket, and proof of accommodation. These measures are being enforced to prevent overstaying and ensure visitors have the necessary resources.
Strict checks are being conducted at airports, and passengers who do not meet these requirements have reported being detained or stranded. Some passengers who failed to meet the requirements said they were barred from boarding their flights, while others reported being stranded at airports.
Travelers on Dubai visit visas are urged to carry Dh3,000 in cash, a valid return ticket, and proof of accommodation before going on a flight to the emirate, tourism agencies say.
Authorities are ensuring strict entry guidelines are followed. Some passengers who failed to meet the requirements said they were stopped at Indian airports and barred from boarding their flights.
Others reported being stranded at airports in Dubai. People traveling to Dubai must have a valid visa with a passport having a validity of at least six months. Additionally, they must carry a confirmed return ticket.
“Authorities are conducting these checks to ensure that individuals have the proper requisites for their stay in the country. As the number of overstaying cases increases, authorities are ensuring that anyone traveling to the country has the required funds in hand for their stay, proof of accommodation and a return ticket,” says Sam Sunny, who works as a public relations officer in Dubai.
These checks were already in place, but now, checks are being done to ensure that travellers are carrying enough money as proof of funds to sustain their stay in Dubai.
The required amount is any currency equivalent to Dh3,000 in cash or credit card. One must also provide a valid proof of accommodation in the UAE; this can be either a relative's or friend’s home or a hotel booking.
Travel agents noted that this rule has been in place for a long time, but authorities have tightened monitoring for the benefit of travelers.
According to the General Directorate of Residency and Foreigners Affairs, individuals entering the UAE on a visit visa must have either a travel ticket for onward travel or a return ticket to leave the UAE.
Airport checks are being conducted to safeguard travellers arriving in Dubai. There have been many cases of overstaying. This step by the authorities will positively impact the tourism sector of the emirate.
“While travelling from Kochi to Dubai, Spice Jet staff were inquiring whether passengers held visit visas or employment visas. They also ensured that those with visit visas had an adequate amount in their account to show the immigration authorities,” said Shreya, who travelled from Kochi on May 19.
Further, many passengers on visit visas were asked to show proof of accommodation along with Dh3,500, she added.
“The airport staff mentioned that the UAE will not allow anyone to enter the country without showing a valid hotel stay for the duration of their visit visa or carrying Dh5,000 in cash as dirhams,” Shreya added.
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Workplaces are busy centres of professional interactions and collaborations. However, instances of defamation can create challenges for both employers and employees. It's important to understand defamation laws in the workplace to maintain harmony and reduce legal risks.
What Constitutes Workplace Defamation?
Workplaces provide ample opportunities for defamatory behaviour, which can manifest in various ways:
Spreading Rumours or Gossip: Sharing unverified claims about a colleague's performance, work ethic, or personal life can damage their reputation and be classified as defamation.
False Accusations of Misconduct:Accusations of harassment, discrimination, or other inappropriate behaviour without a factual basis can constitute defamatory conduct.
Negative Performance Reviews: While constructive feedback is essential for professional growth, sharing disparaging reviews that tarnish an employee's reputation may amount to defamation.
Online Communication: Social media posts or online discussions that cast colleagues in a negative light can also be interpreted as defamatory behavior.
Consequences of Workplace Defamation
In the UAE, workplace defamation carries significant ramifications for both parties involved:
Criminal Prosecution: Victims have the option to file a criminal complaint, potentially leading to prosecution and imprisonment for the offender.
Civil Court Proceedings: Offenders may face legal claims and be liable to pay compensation for damages inflicted on the victim's reputation.
Internal Grievances/Disciplinary Action: Employees can utilise internal procedures to address defamation issues, resulting in disciplinary measures such as warnings, suspension, or dismissal.
Damaged Company Reputation: Defamatory statements not only harm individuals but also tarnish the reputation of the organisation, impacting its business relationships and operations.
Preventative Measures to Safeguard Against Defamation
To mitigate the risk of workplace defamation, employers can implement various preventative measures:
Establish Clear Policies: Implement robust anti-defamation policies that outline acceptable conduct and prohibit defamatory behaviour.
Provide Training: Educate employees on defamation laws and the consequences of engaging in defamatory conduct through comprehensive training programmes.
Avoid Gossip and Rumours: Encourage employees to refrain from participating in conversations that could harm someone's reputation.
Document Concerns Carefully: Ensure that complaints are raised constructively and through official channels to minimise the risk of defamation.
Exercise Caution with Social Media: Remind employees of the stricter penalties for online defamation and the importance of responsible online behaviour.
Respect Cultural Differences: Foster an inclusive environment and discourage statements that may be offensive to colleagues from diverse backgrounds.
Maintain Professionalism: Encourage professionalism in all communications, avoiding personal comments, gossip, or unsubstantiated information.
Retain Documented Interactions: Emphasise the importance of maintaining records of communications, which can serve as evidence in defamation cases.
Review Grievance and Disciplinary Procedures: Ensure that procedures are fair and transparent, limiting the distribution of sensitive information to those directly involved.
Adopt Non-Disclosure Agreements: Incorporate NDAs into grievance and disciplinary documentation to prevent unauthorised disclosure of information.
Include Contract Provisions: Inform employees about the potential consequences of disseminating damaging information during investigations.
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The Supreme Court of India recently ruled that the services rendered by advocates fall under a "contract of personal service," meaning they are excluded from the Consumer Protection Act, 2019.
This decision was made by a bench of Hon’ble Justices Bela M. Trivedi and Pankaj Mithal, who emphasised that the legal profession is unique and cannot be equated with other professions or businesses that the Consumer Protection Act covers. The ruling clarifies that complaints alleging "deficiency in service" against advocates cannot be maintained under the Consumer Protection Act, 2019.
The court highlighted that the relationship between advocates and their clients involves fiduciary duties and direct control by the client over the advocate's actions, distinguishing it from typical service contracts.
This decision overturned a 2007 ruling by the National Consumer Disputes Redressal Commission (NCDRC), which had allowed such complaints against advocates.
“The legal profession is sui generis (unique in nature) and cannot be compared with any other profession.
The service engaged or utilised from an advocate falls under a contract of personal service, and therefore will fall within the exclusionary part of the definition of “service” contained in Section 2 (42) of the Consumer Protection Act, 2019,” a Bench headed by Justice Bela M. Trivedi said, terming the advocates’ responsibility “onerous”.
The Bench said an advocate was the only link between the court and the client and was expected to follow his client’s instructions rather than substitute his (client’s) judgment. Justice Mithal, who delivered a separate concurring judgment, said, “The legislature inIndia as in some other countries had not intended to include the services rendered by professionals, especially lawyers, to their client within the purview of the Consumer Protection Act, 1986, and re-enacted in 2019.”
“One should also not lose sight of the fact that the other object of the Act was to provide consumers timely and effective administration and settlement of their disputes.
If the services provided by all professionals are also brought within the purview of the Act, there will be a floodgate of litigations in commissions/forums established under the Act,” the Bench noted.
Advocates were generally perceived to be their client’s agents and owed fiduciary duties to their clients who exercised direct control over their advocates rendering legal professional services, it said.
The Advocates Act, 1961
In India, the regulation and governance of the legal profession are primarily overseen by the Advocates Act, 1961. This pivotal legislation lays down comprehensive standards of professional conduct and etiquette, as stipulated by the Bar Council of India under Section 49(1)(c).
According to these provisions, clients who have grievances regarding misconduct can approach the State Bar Council where the concerned advocate is enrolled to file a complaint.
These Bar Councils are not only vigilant but also sensitive in handling cases that involve the legal profession.
Moreover, the Court aptly distinguished between the legal and medical professions in this context. Unlike the medical profession, the legal profession lacks a universal standard of care or an objective test to adjudicate issues of professional duty.
This absence of a definitive standard is due to the inherent unpredictability in legal cases, where outcomes are significantly influenced by the opposing party’s actions and legal interpretations.
The Hon’ble Supreme Court’s decision brings closure to a long-pending issue that has lingered for over a decade. The judgment acknowledges that there is always a risk of imperfection in case determinations, often due to factors beyond the advocate’s control.
The legal system aims to provide the best and safest method of adjudication, balancing the necessity of human fallibility. The Court’s judgment reinforces the need for advocates to perform their duties without fear of undue repercussions.
The immunity granted to advocates is seen as a necessary measure to ensure that they can operate within the legal framework without the constant threat of liability.
This protection is crucial for the effective functioning of the legal profession, as recognised by the Supreme Court in its recent ruling.
Consumer Protection Context
In the context of consumer protection, these legal provisions underscore the UAE’s commitment to safeguarding the rights and well-being of its residents.
The rigorous standards of care and accountability mandated by the law ensure that consumers and businesses alike can operate within a framework of fairness and responsibility.
The legal landscape in the UAE thus offers robust mechanisms for addressing grievances and seeking redress, reinforcing the importance of legal recourse and professional guidance in protecting one’s rights and interests.
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The unprecedented weather disruption last month has led to a record number of motor and home insurance claims. According to Dubai-based insurance brokers, the total number of claims for damages typically expected over 12 years were filed within just a few days following the thunderstorms that struck the UAE on April 16.
While the Central Bank of the UAE (CBUAE), which oversees the insurance sector, has not provided exact figures on the number of cars or homes affected by the floods, insurance providers and brokers reported they had never seen so many claims caused by a single natural incident.
Insurance brokers estimate that approximately 100,000 vehicles in the country were affected by the rains. Many of these vehicles were deemed irreparable after being submerged in water, resulting in their classification as total losses.
Several cases are still pending responses from insurance providers, and many motorists are still waiting to receive their claims. It is expected that the situation will take two to three months to return to normal.
What if Your Claim is Rejected?
According to Snehal Singh, an insurance lawyer at Dubai-based NYK Law Firm, “if you believe the insurance company unfairly denies your claim, your next course of action is to submit a complaint to the Insurance Authority, overseen by the Central Bank of the UAE”.
Should the Central Bank of the UAE fail to address the matter, it will be forwarded to the court following standard jurisdictional protocols, she added.
Here's a detailed overview of the process:
Rejection of Claim: Upon the rejection of your claim by the insurance company, you will receive a formal notice outlining the reasons for denial.
Filing a Complaint: You must file a complaint with the Insurance Authority, providing all relevant documentation, including the rejection notice, policy details, and any correspondence with the insurance company.
Central Bank’s Role: The Insurance Authority, operating under the Central Bank of the UAE, will review your complaint. They may request additional information or documents to support your case.
Resolution by the Central Bank: The Central Bank will seek to mediate and resolve the issue. If they find merit in your claim and determine the insurance company is at fault, appropriate action will be taken.
Referral to Court: Should the Central Bank of the UAE be unable to satisfactorily resolve the issue, it will refer the case to the court, which will then adjudicate the matter based on jurisdictional rules and evidence provided.
This structured process ensures that all administrative remedies are exhausted before resorting to litigation, offering a systematic approach to resolving insurance disputes, Snehal Singh noted.
“We have received several complaints from consumers whose claim has been rejected from the insurance company. For such cases, initially we send a legal notice to the insurance company. If the issue isn’t resolved we’ll move on with further legal procedures,” Snehal Singh added.
How to File a Complaint Through Sanadak
Last month, the Central Bank confirmed that customers who encounter complaints or disputes with their insurance company have the option to address them through Sanadak, an independent financial unit established by the apex bank.
Before commencing the complaints process, it is crucial to understand the eligibility criteria for submitting complaints through Sanadak. You can file a complaint through the platform in the following cases:
However, certain conditions must be met:
Sanadak reserves the right to reject complaint applications in all the aforementioned cases.
How to Submit a Complaint?
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As a non-Muslim resident of Dubai, you have several options for creating and registering a will for your assets in the UAE. The relevant laws include Federal Decree-Law No. 41 of 2022 on Civil Personal Status; Law No. 15 of 2017 Concerning Administration of Estates and Implementation of Wills of Non-Muslims in the Emirate of Dubai; and DIFC Wills and Probate Registry Rules
Non-Muslims can apply the UAE Personal Status Law for non-Muslims for their matters. Article 1(1) of this law states that it applies to non-Muslim UAE nationals and residents unless they follow their home country's laws regarding marriage, divorce, inheritance, wills and parentage.
Article 11(1) further allows non-Muslims to leave a will distributing all their UAE-based assets to anyone of their choice, following the guidelines in the Implementing Regulations.
Dubai Law No. 15 of 2017 outlines the procedures for the registration of wills. Article 3 applies this law to all wills and estates of non-Muslims in Dubai, including the DIFC. Article 6(a) establishes the 'Register of Wills of Non-Muslims' at the Dubai Courts and DIFC Courts.
You can register your will at either the Dubai Courts or the DIFC Courts Wills Service Centre. The will must detail the executor(s) and beneficiaries and cover all types of assets, including real estate, business shares, bank accounts and other valuables, whether located within or outside the UAE.
The DIFC Wills and Probate Registry (WPR) Rules specify the requirements for non-Muslim wills, such as being in English, witnessed by two witnesses, and appointing executors and guardians. The will can include all global assets of the testator.
Alternatively, non-Muslim expatriates can register their will at their home country's consulate or embassy if such a service is available.
In conclusion, you can draft and register your will for your UAE estate at the Dubai Courts, the DIFC Wills Service Centre, or your home country's consulate/embassy. Wills registered in Dubai through these procedures are typically valid and enforceable outside the UAE, subject to the laws of other involved countries.
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Instances of medical negligence, such as misdiagnosis, surgical errors, and medication mistakes, represent critical challenges within healthcare systems worldwide, including in the UAE.
These instances significantly impact both patients and healthcare practitioners and are comprehensively addressed under Federal Decree-Law No. 4/2016 on Medical Liability in the UAE.
Medical negligence, as defined by Article 6 of the Medical Liability Law, occurs when a practitioner fails to meet the required standard of care, resulting in harm to the patient. Practitioners are held responsible for their actions, encompassing various scenarios of deviation from accepted medical norms.
It is thus defined as an act or failure to act by a medical professional deviating from accepted standards of care, holding significant legal implications in the UAE.
Under Medical Liability Federal Law No. 4 of 2016, practitioners are mandated to uphold established medical practices, deviations constituting medical malpractice.
Defining Gross Medical Error and Legal Ramifications
Gross medical errors, as outlined in Article 5 of the Executive Regulations, encompass severe deviations from standard care, including errors resulting in patient death or organ loss, practitioner intoxication, and severe carelessness such as overdose or leaving medical equipment in the patient’s body.
Legal steps for victims are delineated, including approaching healthcare authorities and civil courts for compensation, or filing criminal complaints against practitioners or clinics.
Responsibilities of Healthcare Professionals
Article 3 of the UAE’s Federal Decree-Law No. 4/2016 emphasises that healthcare professionals in the UAE must fulfill their responsibilities honestly and accurately. They are required to follow recognised scientific and technical guidelines to provide proper care to patients.
Duties and Responsibilities of Practitioners
The medical liability law outlines the duties and obligations of practitioners, emphasising accuracy, honesty and adherence to scientific rules. Violations carry penalties, including imprisonment and fines, reinforcing the importance of complying with professional standards.
Role of Medical Liability Committees
Medical Responsibility Committees examine complaints related to medical errors, determining the extent of negligence and assessing damages. The law ensures a fair and thorough examination of alleged medical negligence cases, promoting accountability and justice.
Penalties for Medical Negligence
Article 28 specifies penalties for medical negligence, including imprisonment and fines. The severity of penalties varies depending on the nature of the offense, degree of negligence, and impact on patient well-being, highlighting the gravity of medical errors.
Civil Liability Insurance Mandate
Article 25 mandates practitioners to have civil liability insurance for medical errors from licensed insurance companies in the UAE. This insurance serves as a safeguard for both practitioners and patients, ensuring compensation in case of medical errors.
Recourse for Victims
Article 34 addresses serious medical errors, with offenders facing imprisonment and fines. Victims have the right to pursue reconciliation with the accused, ensuring accountability and compensation for medical negligence. Understanding the legal framework is crucial for maintaining accountability and ensuring the highest quality of healthcare services for patients.
Pursuing Compensation and Diya Money
Victims of medical malpractice can seek compensation for various damages, including emotional stress, loss of income, medical expenses and loss of love.
Additionally, Diya (blood money) may be claimed for deaths resulting from medical negligence, with Article 34 specifying penalties for practitioners involved in gross medical errors, particularly those under the influence of alcohol or drugs.
Understanding the legal framework is crucial for maintaining accountability and ensuring the highest quality of healthcare services for patients.
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Defamation involves making false statements that harm someone's reputation, whether through spoken or written words or images. In the UAE, defamation is a serious legal issue, with specific laws governing it.
Defamation laws in the UAE encompass a broad range of scenarios, including accusations against public officials or statements deemed religiously offensive. Moreover, recent legislation extends defamation laws to cover online platforms.
This means that defamatory statements made on social media or other digital platforms can also lead to legal consequences. It is a serious legal offense, and anyone found guilty of defamation could face fines and imprisonment.
Staying informed about defamation laws is essential to prevent unintentional violations and potential legal consequences in the UAE. If you feel defamed, it's important to know your rights.
Here is a detailed analysis covering everything you need to know about defamation.
Types of Defamation
Defamation is categorised into two main types: Slander and Libel.
Slander: This involves untrue statements told to others as though they were true, often due to hatred or anger. Examples include telling a spouse false stories to harm their relationship or spreading rumours about an employee to undermine their credibility at work.
Libel: This involves spreading defamatory statements via media and in written form.
Penalties
Defamation can result in imprisonment of up to two years and/or fines. The UAE courts distinguish defamatory statements from mere criticism using the "normal limits" test.
Defamation involves targeting someone with false charges to harm their reputation. Defamation is considered a criminal offense in the UAE.
Defamatory remarks on social media invoke cybercrime laws, and defaming a public officer incurs harsher penalties. Religiously offensive or seditious statements are treated severely.
Elements of Defamation
To constitute defamation, three elements must be present:
Articles About Defamation
On January 2, 2022, significant changes to UAE law concerning defamation and cybercrimes took effect under:
Social Media and Cybercrime
The UAE has introduced Federal Decree-Law No. 34 of 2021 (Cybercrime Law) to address cybercrime, rumours and fake news. This law replaces the previous cybercrime legislation and provides punishments for various types of cyberbullying offenses.
Extortion, insults, unauthorised sharing of personal photos or videos and social media defamation are among the prevalent forms of cyberbullying covered by the law.
Under Article 20 of the Cybercrime Law, it is illegal to insult or put others in a situation where they may be punished via computer networks, electronic media, or social media. Penalties include imprisonment and fines ranging from Dh25,000 to Dh500,000. Deportation is common for foreigners.
The Cybercrimes Law Introduces Offenses For:
Electronic Defamation
Electronic defamation includes defamatory statements on websites, forums, WhatsApp, SMS, or emails. If the defamation occurs using an employer's network or devices, the employer may be involved in legal proceedings.
Employers might be held responsible for some crime repercussions as sponsors. Investigations may require police access to business computers, with potential confiscation of devices used in the crime.
The Cybercrime Law also allows for the deletion of material and shutdown of offending websites at the court's discretion.
Verbal Abuse
Using insulting words or verbal abuse, regardless of nationality, is a criminal offense in the UAE. For example, the 'F' word can result in legal trouble. Under Article 373 of Penal Code No. 3 of 1987, insults affecting honour or modesty can lead to imprisonment or fines.
Higher penalties apply if the abuse targets public officials, affects family honor, or serves illegal purposes. Insults via print media are considered aggravated cases.
Filing a Defamation Case
Defamation cases are handled strictly in the UAE. Victims can file a complaint starting with the police and moving to public prosecution. Complaints must be filed within three months of becoming aware of the offense.
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Welcoming a new addition to the family is a precious occasion for any parent. However, for
unmarried couples in the UAE, it can give rise to unique concerns and questions.
This article aims to explore the legal issues, societal perceptions and practical aspects associated with the
birth of a child out of wedlock in the UAE.
Parenthood is a profound journey, but for unmarried couples in the UAE, it's accompanied by specific legal and societal considerations.
With the UAE's blend of tradition and modernity, navigating the complexities of having a child out of wedlock requires understanding and awareness.
Legal Status of a Child Born Out of Wedlock
In the UAE, children born out of wedlock are acknowledged legally, but certain procedures must be followed to confirm their legal status. This usually includes registering the birth and arranging legal guardianship for the child.
The UAE's family laws have been updated to decriminalise consensual relationships outside of marriage, recognise parentage and simplify the process of applying for birth certificates.
These legal changes establish a framework that protects the rights and respects the dignity of every child, regardless of their parents' marital status.
Consequences of Having a Baby Before Marriage
The new law allows unmarried couples to live together without facing legal consequences for having a baby before marriage. This change reflects a significant modernisation of the country's legal system and acknowledges evolving social norms in the UAE.
However, it's important to remember that the law still prohibits sex outside of marriage, so unmarried couples should be cautious and discreet.
Having a baby before marriage can be complex, and couples need to understand the laws and regulations related to pregnancy and childbirth, seek medical guidance and make informed choices.
While Dubai offers excellent healthcare facilities in a modern and cosmopolitan environment, it's crucial to respect local laws and customs.
Procedure for Unmarried Couples to Apply for a Birth Certificate
The procedure for unmarried couples to apply for a birth certificate for their newborn in the
UAE involves following specific legal steps as outlined by the authorities.
If Father is Not Known
Additionally, a new UAE law passed in October 2022 extends the right for unmarried mothers to apply for a birth certificate even if the father is not known.
New Laws
The new laws in the UAE, enacted in January this year, bring hope to unmarried expatriate couples. These laws say that if a child is born to unmarried parents he/she will still be recognised in the UAE. The new laws make it okay for unmarried couples to have children together, as long as they take care of the child.
However, there are some important rules to remember. Article 410 of Federal Law No: 31 of 2021 says that if a woman over 18 has a baby after having consensual sex, both the man and the woman could go to jail for at least two years.
But there's another law, Article 1 of Resolution No 3 of 2021, which says that any parent who lives in the UAE can apply for a birth certificate for their child in the Dubai Courts. They don't need to show a marriage certificate anymore.
Article 2 explains how to do this. Even if the parents don't want to get married, they can still get a birth certificate for their child by showing they're the parents and can provide all the needed documents.
If the parents can't agree on registering the child's birth, they might face legal trouble.
Societal Attitudes
People's opinions about having children out of wedlock can vary in the UAE. While some people are open-minded, others might have more traditional views. It's essential to be aware of these attitudes and respect them.
Practical Considerations
For unmarried parents in the UAE, there might be some challenges when it comes to legal paperwork and guardianship for the child. It's important to understand the process and make sure everything is done correctly.
Having a child out of wedlock in the UAE comes with its own set of considerations, but with the right knowledge and understanding, unmarried couples can navigate this journey with confidence.
By following the legal procedures, respecting societal attitudes, and addressing practical concerns, parents can focus on welcoming their bundle of joy into the world with love and care.
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In an age where digital connectivity dominates our lives, the prevalence of cybercrimes, such as online bullying and privacy violations, has become a growing concern worldwide, including in the United Arab Emirates (UAE).
With the rise of social media platforms and online communication channels, individuals are increasingly vulnerable to various forms of cyber threats, ranging from harassment and defamation to identity theft and financial fraud.
To address these challenges and protect the rights of individuals in the digital sphere, the UAE has implemented robust cybercrime laws and established specialised agencies to combat online offenses.
Understanding these laws and knowing how to report cybercrimes are essential steps towards ensuring a safe and secure online environment for all residents.
Cybercrime Laws in the UAE
The UAE has enacted comprehensive cybercrime laws to address various types of online offenses and protect individuals' rights in the digital space.
One of the primary legal instruments governing cybercrimes in the country is Federal Decree-Law No. 5 of 2012 on Combating Cybercrimes, commonly known as the Cybercrime Law.
This law criminalises a wide range of cyber offenses, including:
Online Bullying and Harassment: The Cybercrime Law prohibits the use of electronic communication channels to engage in bullying, harassment, or defamation of individuals. Offenders can face imprisonment and significant fines for such offenses.
Privacy Violations: Unauthorised access to, interception of, or disclosure of electronic communications or personal data without consent is considered a violation of privacy under the Cybercrime Law.
This includes actions such as hacking into email accounts, spreading private information online, or illegally obtaining sensitive data.
Identity Theft: The Cybercrime Law also criminalises identity theft and impersonation, including the fraudulent use of another person's identity or the creation of fake online profiles for malicious purposes.
Financial Fraud: Engaging in online scams, phishing schemes, or other forms of financial fraud is punishable under the Cybercrime Law. This includes fraudulent activities aimed at deceiving individuals or organizations for financial gain.
How to Report Cybercrimes
If you are a victim of online bullying, privacy violation, or any other form of cybercrime in the UAE, it is essential to report the incident to the appropriate authorities promptly. Here's how you can file a cybercrime report:
Contact the UAE's Cybercrime Reporting Centre: The UAE's Cybercrime Reporting Centre, operated by the Telecommunications Regulatory Authority (TRA), serves as the primary point of contact for reporting cybercrimes.
You can reach the center via phone, email, or online form to file a complaint and seek assistance.
Provide Detailed Information: When reporting a cybercrime, provide as much detailed information as possible about the incident, including the nature of the offense, any relevant evidence (such as screenshots or emails), and the identities of the perpetrators, if known.
Cooperate with Law Enforcement: After filing a cybercrime report, law enforcement authorities may launch an investigation into the matter.
It is essential to cooperate fully with the authorities and provide any additional information or assistance they may require during the investigation process.
Seek Legal Advice: If you believe your rights have been violated or you have suffered damages as a result of a cybercrime, consider seeking legal advice from a qualified attorney in the UAE.
A legal professional can help you understand your rights, navigate the legal process and pursue appropriate legal remedies.
In conclusion, cybercrimes pose significant threats to individuals' safety, privacy and security in the digital age.
By understanding the cybercrime laws in the UAE and knowing how to report cybercrimes effectively, residents can play a crucial role in combating online offenses and promoting a safer online environment for all.
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The United Arab Emirates, known for its rapid development and modern infrastructure, is a country that often finds itself in the global spotlight. However, one aspect that has received less attention internationally is its legal framework concerning transgender individuals.
As with many countries, the UAE's approach to transgender rights is a complex mix of cultural, religious and legal factors.
Legal Landscape
In the UAE, transgender rights are not explicitly addressed in the legal system. The country operates under a legal system based on a combination of Sharia (Islamic law), civil law and customary law.
These legal frameworks shape various aspects of life in the UAE, including matters related to gender identity and expression.
While there are no specific laws protecting transgender individuals from discrimination or ensuring their rights, the UAE does have laws that criminalise certain behaviours that may affect transgender people.
For instance, the UAE Penal Code criminalises acts deemed to be contrary to public morality, which could potentially be used to target transgender individuals, although enforcement may vary.
Social and Cultural Impact
Understanding transgender rights in the UAE requires consideration of the broader social and cultural impact. The UAE is a conservative society where traditional gender roles are deeply ingrained.
Gender identity and expression are often viewed through the lens of cultural and religious norms, which may not align with contemporary understandings of gender diversity.
In such a context, transgender individuals in the UAE may face significant social stigma and discrimination. Coming out as transgender or openly expressing one's gender identity can be challenging due to fear of rejection from family, friends, or society at large.
This social stigma can also manifest in difficulties accessing healthcare, education, and employment opportunities.
Recent Developments and Challenges
Despite the absence of explicit legal protections for transgender individuals, there have been some positive developments in recent years. The UAE has taken steps to address broader issues related to gender equality and women's rights, which could indirectly benefit transgender individuals by fostering a more inclusive society.
Moreover, there is growing awareness and advocacy for LGBTQ+ rights in the UAE, albeit within certain limitations. Non-governmental organisations and grassroots movements are working to raise awareness, provide support, and advocate for the rights of LGBTQ+ individuals, including transgender people.
However, significant challenges remain. The lack of legal protections leaves transgender individuals vulnerable to discrimination, harassment, and violence. Access to gender-affirming healthcare, legal gender recognition and other essential services is limited. Moreover, the prevailing societal attitudes towards gender diversity present significant barriers to full acceptance and inclusion.
Moving Forward
To address the challenges faced by transgender individuals in the UAE, concerted efforts are needed from multiple stakeholders. This includes legislative reforms to explicitly protect therights of transgender people from discrimination and ensure their access to essential services.
Legal gender recognition procedures should be established to allow transgender individuals to obtain identification documents that reflect their gender identity.
Furthermore, raising awareness and promoting education about gender diversity and transgender issues are essential to challenge societal attitudes and reduce stigma. This requires collaboration between government entities, civil society organisations, religious leaders, and the broader community to foster a more inclusive and accepting society.
While transgender rights in the UAE are not explicitly addressed in the legal system, there are efforts underway to improve the situation. However, significant challenges remain, rooted in societal attitudes, cultural norms, and legal frameworks.
Addressing these challenges will require sustained advocacy, education, and legislative reforms to ensure the rights and dignity of transgender individuals are respected and protected in the UAE.
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A recent incident aboard an Air India Express flight from Dubai to Mangalore has sparked concerns over passenger behavior and safety regulations within the aviation industry. According to reports, a passenger exhibited rude behaviour towards the flight crew and even made threats of jumping from the aircraft during the flight.
In the realm of aviation law, ensuring the safety and security of passengers and crew members is paramount. This article delves into the intricacies of aviation law and the legal framework governing incidents of unruly behaviour on flights.
Understanding Aviation Laws and Regulations
Aviation laws encompass a complex web of regulations, conventions, and agreements designed to govern the operation, safety, and security of air travel.
Key international instruments such as the Convention on International Civil Aviation (Chicago Convention) and the Montreal Convention provide the legal framework for addressing various aspects of aviation, including unruly passenger behavior.
Under these conventions and national regulations, airlines are responsible for ensuring the safety and security of their flights and passengers. This includes implementing measures to prevent and respond to incidents of unruly behaviour, which can pose serious risks to the safety of the flight and its occupants.
What are the Rules Governing Unruly Behaviour?
The Aircraft Rules, 1937: The Aircraft Rules, 1937 were formed in pursuance of the Aircraft Act, 1934. Unruly passengers are governed under this Act in conjunction with the Indian Penal Code, 1860. This legislation outlines the ideal behavior expected from passengers.
Directorate General of Civil Aviation (DGCA)
The Directorate General of Civil Aviation is the principal regulatory body governing civil aviation in India. It is responsible for safety issues, regulation of air transport services, enforcement of civil air rules and regulations, and other such tasks.
It coordinates its functioning with the International Civil Aviation Organization (ICAO). One of its main tasks is to ensure air safety and airworthiness standards.
Montreal Protocol, 2014
The Montreal Protocol of 2014 is an amendment to the Tokyo Convention of 1963. It specifically addresses the issue of unruly behaviour on board aircraft. The protocol enhances the legal framework for dealing with offenses and other acts committed on board aircraft.
It provides for the jurisdiction of the state in which the aircraft is registered and gives that state the authority to take legal action against offenders.
Tokyo Convention
The Tokyo Convention (Convention on Offenses and Certain Other Acts Committed on Board Aircraft) was adopted in 1963. It is an international treaty that addresses unlawful acts on board civil aircraft. The convention grants certain powers to the aircraft commander and other relevant authorities to deal with offenses committed on board, especially during flight.
Legal Implications of Unruly Passenger Behaviour
Unruly passenger behaviour encompasses a wide range of actions that threaten the safety, security, or order of a flight. This can include acts of violence, verbal abuse, disruptive behaviour and attempts to interfere with the operation of the aircraft.
From a legal standpoint, such behaviour may constitute criminal offenses under both domestic and international law. In many jurisdictions, laws are in place to specifically address acts of aviation-related violence or interference, with penalties ranging from fines to imprisonment depending on the severity of the offense.
Airlines' Rights and Responsibilities
Airlines have a duty to maintain order and discipline on their flights and to ensure the safety and security of all passengers and crew members. In cases of unruly behaviour, airlines are empowered to take swift and decisive action to address the situation and mitigate any potential risks.
This may include notifying law enforcement authorities, restraining the individual if necessary and diverting the flight to the nearest suitable airport to offload the disruptive passenger.
Airlines also have the authority to impose penalties and sanctions on passengers found guilty of unruly behavior, including fines, bans from future travel, and legal action.
Passengers' Rights and Responsibilities
Passengers, too, have rights and responsibilities when travelling by air. While individuals have the right to express themselves and voice their concerns, they must do so in a manner that is respectful and compliant with airline regulations.
Disruptive behaviour that poses a threat to the safety or security of the flight is not tolerated and may result in legal consequences.
Conclusion
The recent incident involving a disruptive passenger on an Air India Express flight serves as a stark reminder of the legal complexities surrounding unruly behaviour in aviation.
As stakeholders in the aviation industry, it is imperative that airlines, passengers and legal authorities work together to uphold safety, security and order in the skies. By adhering to aviation laws and regulations and promoting a culture of mutual respect and cooperation, we can ensure the continued safety and success of air travel for all.
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Recent severe weather events have underscored critical issues regarding accountability and
responsibility within the real estate sector. The discussion surrounding the allocation of repair and restoration costs post-disaster is not just a matter of financial burden but also one of ethical and legal obligation.
Firstly, let's address the responsibility of developers in ensuring the resilience of their buildings. Developers, as creators of structures that become integral parts of communities, bear a significant duty to construct buildings that can withstand foreseeable environmental challenges, including those exacerbated by climate change.
While the law may not explicitly mandate developers to predict every potential climate-related risk, there exists a reasonable expectation for them to adhere to building codes and standards that mitigate such risks to the best of their ability.
Failure to do so could result in liability for negligence or breach of duty. Furthermore, landlords, as custodians of these properties, have a distinct legal obligation to maintain habitable living conditions for their tenants. This includes promptly addressing damages caused by natural disasters or unforeseen events.
Existing tenancy laws typically impose this duty on landlords, with provisions for tenants to seek remedies such as repairs, rent abatement, or even termination of the lease if the property becomes uninhabitable due to negligence on the part of the landlord.
Looking ahead, the call for greater collaboration and proactive measures is not just a suggestion but a necessity. Investing in infrastructure improvements, adopting stricter building codes and promoting transparency in property management practices are pivotal steps towards creating a resilient built environment.
Moreover, fostering accountability among stakeholders, including developers, landlords and governing bodies, is crucial in ensuring that these measures are effectively implemented and enforced.
In conclusion, the escalation in frequency and severity of extreme weather events necessitates a paradigm shift in how we approach property management and development. Landlords and developers must recognise their roles as stewards of the built environment and prioritise resilience in their practices.
By doing so, not only can they mitigate the impact of future disasters on their properties and tenants, but they can also contribute to the creation of a more sustainable and resilient society as a whole.
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In April 2019, the UAE lifted its blanket ban on the sale of e-cigarettes, vaping devices and e-liquids, thereby authorising their lawful sale in the market.
Currently, vape products are regulated similarly to tobacco products and are subject to stringent guidelines. This shift primarily aimed at providing smokers with safer alternatives while regulating the previously unregulated market.
Presently, the Ministry of Industry and Advanced Technology (MoIAT) stipulates that all vape products and e-liquids must comply with specific standards and regulations. These requirements include the inclusion of health warnings similar to those found on traditional cigarette packaging and the prohibition of selling these products to individuals under 18.
The sale, possession and usage of vape products fall under the jurisdiction of the UAE Ministry of Health and Prevention (MOHAP). Although the sale of vape products is now allowed in the UAE, strict regulations are in place to protect public health and well-being.
Individuals and businesses in the UAE's vaping industry need to stay informed about regulations. To help, let's answer common questions about vaping.
Is Vaping Legal in the UAE?
Yes, vaping is legal in the UAE. In April 2019, the UAE lifted its ban on the sale of e-cigarettes, vaping devices and e-liquids, allowing them to be legally sold in the market.
However, strict regulations govern the sale, possession and usage of vape products to ensure compliance with health and safety standards.
What are the Age Limit for Purchasing Vape Products?
Under UAE regulations, the legal age for purchasing vape products is 18 years and above. Selling vape products to individuals below this age threshold is strictly prohibited and can result in legal penalties.
What are the Advertising Restrictions?
Advertising of vape products is heavily regulated in the UAE. Promotion of such products through traditional media channels, including television, radio, newspapers and magazines, is largely prohibited. Online advertising is also subject to stringent regulations to ensure compliance with the law.
Where is Vaping Allowed and Where is it Banned?
Vaping is generally permitted in designated areas such as vape shops, designated smoking areas and private residences with consent. However, it is strictly prohibited in enclosed public spaces, educational institutions, healthcare facilities, places of worship and certain outdoor areas where smoking is prohibited.
Can you Bring a Vape Product Through Dubai?
While it is legal to bring vape products into Dubai and the UAE, travellers must adhere to certain regulations. Individuals are typically allowed to bring a reasonable quantity of vape products for personal use.
However, it is advisable to check the latest regulations and restrictions before travelling to ensure compliance with customs and immigration requirements.
Do Vaping Regulations Vary Within the UAE?
Absolutely. Vaping regulations can indeed differ between emirates within the UAE. While Dubai might have its own set of laws, other emirates such as Abu Dhabi and Sharjah may implement distinct regulations.
What is the Penalty for Vaping in Dubai?
The penalties for vaping in Dubai can vary depending on the specific circumstances and the severity of the offense. In general, individuals found vaping in prohibited areas or violating other vaping regulations may face fines, confiscation of vape devices, or other legal consequences.
It is essential to adhere to the designated vaping areas and comply with all applicable regulations to avoid penalties.
The vaping industry has witnessed a remarkable surge in recent years, as more individuals are turning to e-cigarettes as an alternative to traditional smoking. This trend is particularly pronounced in the UAE.
While opinions may vary, there is ongoing debate within the Islamic community regarding the permissibility of vaping.
Some argue that vaping falls under the category of "haram" or prohibited activities due to its potential health risks and resemblance to smoking, while others may consider it permissible under specific circumstances.
Individuals should seek guidance from religious scholars for clarification on this matter.
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Dubai is currently developing a centralised digital platform that will streamline remote investigations and court hearings, promising quicker processing times and a more effective justice system.
This pioneering project, announced on Thursday as the Dubai Public Prosecution (DPP) partnered with tech solutions provider e& Enterprise, is set to be completed by 2026.
The innovative platform will provide a unified system for investigations and litigation accessible remotely. Managed by the DPP, this central hub will be interconnected with key government entities such as the Dubai Courts, Dubai Police and the General Directorate of Residency and Foreigners Affairs (GDRFA).
During investigations, the platform will coordinate appointments scheduled by prosecutors and communicate with all relevant parties. For court proceedings, it will schedule sessions and inform the police, judges, and prosecutors, providing an external link to other involved parties.
Dr Ali Humaid bin Khatam, senior advocate general and head of the Remote Investigation and Litigation System Project Team, described the platform's functionality, emphasising the establishment of state-of-the-art investigation rooms and operational rooms equipped with cutting-edge technologies.
Key features of the system include centralised storage, archiving capabilities, the ability to schedule remote interviews and reserve spaces in various locations and improved communication among prosecutors, lawyers, translators, witnesses and other involved parties while maintaining strict confidentiality and privacy standards.
The initiative aims to enhance the efficiency of investigation and litigation processes, focusing on speed, accuracy and integrity in delivering justice in the emirate.
It will also ensure operational resilience during crises, according to Dr Ali Humaid. Salvador Anglada, CEO of e& Enterprise, expressed their commitment to leveraging innovative technology to equip the platform with state-of-the-art capabilities, enhancing operational efficiency, accessibility and service quality.
This collaborative effort represents a significant step towards realising a more accessible, efficient and progressive legal system in an interconnected and rapidly evolving world.
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Amidst concerns over the safety and integrity of food products, Dubai Municipality has launched an investigation into allegations of adulteration within certain Indian spice brands.
With the reputation of Dubai's food industry at stake, authorities are taking swift action to address these claims and uphold the city's stringent food safety standards.
This article explores the implications of the investigation, highlighting the municipality's commitment to ensuring the quality and authenticity of food products available in the region.
Dubai Food Code 2023
In Dubai, food-related laws and regulations are overseen by the Dubai Municipality. The municipality has published a document called the Dubai Food Code, which provides guidelines and regulations for food safety and hygiene.
The Food Code aims to ensure a higher degree of compliance with food regulations and achieve a higher standard of food safety. It covers various aspects such as food handling, storage, transportation, labelling and food premises hygiene. It also provides guidance for imported and exported food products.
Richard Sprenger, Chairman and food safety expert of the Highfield Group, highlights on his LinkedIn post that “the Dubai Food Code 2023 contributes to improving global food safety”.
Federal Law No. 10 of 2015 on Food Safety
This law represents a vital framework aimed at protecting public health and the well-being of consumers, enforcing stringent standards, and imposing strict penalties on those who endanger food safety across the country.
Key Aspects of the Federal Law on Food Safety
Approval for Import: The law mandates that no food may be imported into the country for the first time without the approval of the Ministry of Climate Change and Environment. This essential requirement serves as a crucial measure in regulating the entry of food products into the UAE, ensuring their compliance with quality and safety standards.
Prohibition of Certain Food Products
Individuals or entities involved in the distribution or sale of food products containing pork, alcohol, or any of their by-products without proper permission face serious repercussions.
The law stipulates a prison term of not less than a month and a fine of up to Dh500,000, emphasising the strict enforcement to safeguard against the unauthorized circulation of these prohibited items.
Consumer Protection Measures
Stringent measures are in place to prevent the misleading of consumers, including the publishing of false descriptions of food or the use of incorrect labels.
Violations of these provisions carry fines ranging from Dh10,000 to 100,000, aiming to maintain transparency and accuracy in product information for the benefit of consumers.
Regulatory Oversight
The law grants the Ministry of Economy the authority to impose fines of up to Dh100,000 for other offenses, provided that these offenses are regulated by the Cabinet.
This regulatory oversight underscores the commitment to upholding food safety standards and swiftly addressing any breaches, preserving the integrity of the food industry in the UAE.
Investigation on Indian Spice Brands
The discovery of Indian spice brands exceeding permissible ethylene oxide levels has raised significant concerns over food safety and quality control measures within the industry.
Ethylene oxide is classified as a potential carcinogen by various international health organisations, including the World Health Organisation (WHO) and the International Agency for Research on Cancer (IARC).
Several countries have detected and reported the presence of elevated ethylene oxide levels in spice products imported from India. This has led to product recalls, import bans and increased scrutiny of Indian spice brands in various markets.
Countries have stringent regulations governing food safety standards, and non-compliance can result in severe penalties for the companies involved.
Consumers are being advised to exercise caution and check the source and quality of the spices they purchase, especially those originating from India.
It is recommended to rely on reputable brands that adhere to rigorous quality control measures and have a proven track record of complying with international food safety regulations.
The Indian government, along with relevant authorities, is taking this matter seriously and has initiated investigations to identify the root causes of the issue. Efforts are being made to strengthen regulations and enhance monitoring systems to ensure the safety of spices exported from India.
In response to these findings, Indian spice manufacturers are urged to implement rigorous quality control measures to prevent the presence of harmful substances in their products.
This includes regular testing and analysis of raw materials, enhanced supplier audits and strict monitoring of manufacturing processes to minimise the risk of contamination.
International cooperation and collaboration between countries are crucial in addressing this issue effectively. It is essential for countries to share information and best practices to ensure the safety and well-being of consumers across borders.
Stay Informed
As consumers, it is vital to stay informed and make educated choices when it comes to food purchases. Checking product labels, seeking information about the source and manufacturing processes, and reporting any suspicious findings to relevant authorities play a crucial role in maintaining food safety standards.
The revelation that Indian spice brands have surpassed ethylene oxide limits is a stark reminder for the industry to make consumer safety a top priority and to comply with international food safety standards.
Governments, industry stakeholders and consumers must work together to establish robust systems that guarantee the highest standards of food safety and protect public health.
Conclusion
Dubai Municipality's proactive investigation into allegations of adulteration within certain Indian spice brands underscores the emirate's commitment to upholding rigorous food safety standards.
By addressing these claims, the municipality aims to ensure the integrity and quality of food products available in the region. Such measures not only protect consumer health but also contribute to the broader goal of enhancing global food safety standards.
As authorities continue to monitor and regulate the food industry, stakeholders, including businesses, consumers and regulatory bodies, must remain vigilant in their efforts to maintain trust and confidence in the food supply chain.
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In an era where the click of a mouse can unleash chaos and havoc, the United Arab Emirates (UAE) stands at the forefront of safeguarding its digital realm.
With the rapid expansion of technology comes an inevitable rise in cybercrime, prompting the UAE to enact stringent laws and regulations to combat this evolving threat.
Zero Tolerance Policy
The UAE leaves no stone unturned in its battle against cybercriminals. Under the Cybercrime Law (Federal Law No. 5 of 2012), a comprehensive legal framework is in place to address a wide range of cyber offenses, from hacking and phishing to online fraud and identity theft.
This legislation underscores the UAE's unwavering commitment to maintaining the integrity and security of its digital infrastructure.
Swift Justice
Cybercrime perpetrators beware: the UAE justice system is swift and uncompromising. Offenders face severe penalties, including hefty fines and lengthy prison sentences, depending on the nature and severity of their crimes.
The Cybercrime Law empowers law enforcement agencies to investigate, prosecute and punish cyber offenders swiftly and effectively.
Reporting cybercrime in the UAE is a crucial step in combating digital threats and protecting yourself and others from online harm. Here's a guide on how to report cybercrime in the UAE:
Contact UAE Cybercrime Reporting Authorities
Police: The first point of contact for reporting cybercrime in the UAE is typically the police. You can reach out to the nearest police station or contact the Dubai Police Cyber Crime Department directly.
Telecommunications Regulatory Authority (TRA): The TRA oversees telecommunications and Internet-related issues in the UAE. They also handle cybercrime complaints and provide assistance and guidance on reporting procedures.
Provide Detailed Information
Follow Reporting Procedures
Cooperate with Authorities
Seek Legal Advice if Necessary
Despite the challenges posed by cybercrime, the UAE remains committed to fostering innovation and digital transformation. With initiatives like the Dubai Cyber Security Strategy and the Abu Dhabi Digital Authority, the UAE aims to create a secure and resilient digital ecosystem that enables innovation while safeguarding against cyber threats.
In the digital age, cybersecurity is paramount, and the UAE stands firm in its resolve to combat cybercrime and protect its digital citizens. With robust laws, swift justice, international cooperation and a commitment to innovation, the UAE sets a shining example of proactive cybersecurity governance in the global arena.
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Dubai, renowned for its bustling trade and commerce, has recently grappled with severe flooding, raising concerns about the impact on import and export activities and the potential legal liabilities stemming from these losses.
The unprecedented floods have disrupted transportation networks, damaged infrastructure and impeded the movement of goods in and out of the emirate. As a result, businesses involved in import and export operations are facing significant challenges, including delays, damages to goods and financial losses.
The type of insurance we need to know about when it comes to import and export:
Marine Cargo Insurance:Import products are often covered by marine cargo insurance while in transit. This insurance typically protects against loss or damage to goods during sea, air, or land transportation. In the event of floods damaging imported goods, marine cargo insurance policies may cover the losses, subject to the terms and conditions of the policy.
Amidst this crisis, questions arise regarding the legal liabilities associated with import and export losses incurred due to the floods. Several key considerations come into play:
Force Majeure Clauses: Contracts governing import and export transactions often include force majeure clauses, which excuse parties from fulfilling their contractual obligations in the event of unforeseen circumstances beyond their control.
Whether the floods constitute a force majeure event depends on the specific language of the contract and the applicable legal principles. The Abu Dhabi Court of Cassation reviewed a request to terminate a contract on the grounds of force majeure in Case Number 512 of 2021.
The court ruled that the occurrence of force majeure must be the only cause of damage in order to be excused from responsibility. The court reiterated that it is within the trial court's discretion to rule on such questions.
Negligence and Liability: If the flooding was a result of negligence on the part of government authorities or private entities responsible for maintaining infrastructure, such as drainage systems and waterways, affected businesses may have grounds to pursue legal action for damages.
Proving liability, however, can be complex and requires demonstrating a breach of duty of care and causation.
Insurance Coverage: Businesses engaged in import and export activities typically carry insurance coverage to mitigate risks associated with loss or damage to goods during transit.
Depending on the terms of their policies, businesses affected by the floods may be eligible for compensation for their losses, subject to policy exclusions and limitations.
Government Assistance and Relief: In response to the flooding crisis, government authorities in Dubai may offer financial assistance, relief measures, or compensation schemes to affected businesses.
Understanding the eligibility criteria and application procedures for such assistance is crucial for businesses seeking support in mitigating their losses. The United Arab Emirates’ cabinet approved Dh2 billion ($544.6 million) to deal with damage to homes from the rain and storm last week that left buildings and warehouses inundated and roads and highways inaccessible.
International Trade Regulations:Import and export activities are governed by various international trade regulations, including customs laws, tariffs and trade agreements.
Disruptions caused by the floods may have implications for compliance with these regulations, potentially leading to penalties or sanctions if deadlines are missed or obligations are not met.
Conclusion
As businesses in Dubai assess the impact of the floods on their import and export operations, addressing the legal aspects demands careful consideration of contractual rights, potential liabilities, insurance coverage and available avenues for recourse.
Seeking legal advice and exploring options for dispute resolution may be essential in addressing the challenges and minimising the economic repercussions of the crisis.
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Estate planning stands as a cornerstone of financial management, yet it frequently remains a neglected aspect, particularly among entrepreneurs and business owners.
However, in the flourishing landscape of the United Arab Emirates (UAE), characterised by its burgeoning wealth and economic dynamism, the significance of estate planning cannot be overstated.
The UAE boasts a multifaceted business environment, encompassing both civil and common law jurisdictions, along with a rich tapestry of cultural diversity. This complexity accentuates the necessity for meticulous estate planning and succession strategies. Without a well-crafted plan, entrepreneurs risk entangling their hard-earned assets in legal intricacies, potentially jeopardising their intended legacy or business continuity.
Moreover, the absence of a comprehensive estate plan can impose substantial financial burdens on businesses and families, particularly concerning the UAE's rigorous inheritance laws. Thus, proactive engagement in estate planning becomes imperative for entrepreneurs to shield their legacy and ensure the sustained prosperity of their ventures.
Reasons for Considering Inheritance Planning and Estate Planning
Mitigating Legal Complexities: The UAE's diverse legal framework, encompassing civil and common law jurisdictions, necessitates a carefully structured estate plan to navigate potential legal entanglements effectively.
Safeguarding Business Assets: Estate planning ensures the seamless transfer of business assets to heirs while minimising tax liabilities, thereby safeguarding the continuity and integrity of the business.
Compliance with Regulatory Changes:Recent regulatory developments, such as the establishment of inheritance departments and the facilitation of will registrations for non-Muslim residents, highlight the evolving landscape, emphasising the need for proactive estate planning.
Protecting Family Businesses: Given the prevalence of family-owned enterprises in the UAE, estate planning becomes indispensable for ensuring a smooth transition of leadership while balancing familial expectations and business imperatives.
Understanding Estate Planning
Estate planning encompasses a spectrum of financial and legal strategies aimed at facilitating the transfer of assets to heirs and beneficiaries, all while aligning with the owner's wishes and minimizing tax liabilities. In the UAE, estate planning assumes a distinctive character due to its diverse populace and cultural heterogeneity.
UAE's Regulatory Framework
The UAE's legal framework for inheritance draws inspiration from Sharia law, underscoring the importance of understanding local regulations and cultural dynamics. Recent legislative reforms have expanded the scope for non-Muslim residents to devise estate plans aligned with their preferences and legal systems.
Planning For Your Business
Cataloging all business-related assets, including real estate, investments, shares and intellectual properties, forms a crucial step in estate planning. Additionally, selecting a successor in family businesses demands a judicious assessment of both familial expectations and business requirements.
According to Forbes Business News, "business owners are not waiting for estate planning when they are about to retire; they are doing it much earlier considering the market situations and interests of their loved ones."
Considerations for Non-Muslim Business Owners
Dynamic regulatory changes have granted non-Muslim business owners greater autonomy in estate planning, enabling them to devise wills reflective of their preferred legal systems. However, joint assets with Muslim individuals remain subject to Sharia law, necessitating careful structuring and legal advice.
In conclusion, estate planning in the UAE emerges as a nuanced yet indispensable process, demanding a meticulous understanding of local regulations, cultural dynamics, and financial intricacies. By embracing proactive estate planning, business owners can secure their legacy and fortify the foundation of their enterprises for future generations.
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In cases where a rented property sustains damage from severe weather conditions, determining the party responsible for covering repair costs — whether it's the landlord or the tenant — can be a legal matter. The UAE's tenancy laws have clearly outlined the repair obligations and provided insights into a tenant's potential entitlement to reimbursement or compensation.
When it comes to renting properties, understanding who is responsible for repairs is crucial for landlords and tenants.
According to Sunil Ambalavelil, principal partner at Nasser Yousuf Alkhamis Advocates and Legal Consultants, the rental laws in Dubai, Abu Dhabi and Sharjah all place the responsibility for repairs and maintenance on the landlord. Depending on your emirate of residence, here is what you need to know about the applicable rental law:
Abu Dhabi
Ambalavelil referred to Article 7 of the Abu Dhabi Rental Law - Law No. 20/2006, which states: “The landlord shall maintain the leased property to keep it fit for use and shall carry out all necessary repairs excluding rental repairs during the rental period unless otherwise agreed.”
He added that in case the tenant is deprived of using the property, they can refer to the emirate’s Rental Dispute Centre, which should be done within one month of the issue arising.
“Therefore, according to the aforementioned laws, it is the landlord’s responsibility to cover all maintenance costs unless otherwise specified in the tenancy contract. However, tenants should be mindful to engage with the court to safeguard their rights and ensure they do not forfeit the opportunity to claim what is rightfully theirs,” he said.
Ambalavelil noted that if a tenant ends up spending on maintenance work, he or she can request reimbursement from the landlord, as per the UAE’s Civil Code, specifically Article 767 (1) of Federal Law No. 5 of 1985.
“This would apply to major defects, where the tenant is deprived of beneficial occupation or enjoyment,” he added.
For minor defects, Ambalavelil referred to Article 767(2), which also gives tenants the option to attend to minor defects that require urgent attention and the landlord fails to attend to them or the tenant is unable to get hold of the landlord, after which he or she can recover the expenses from the landlord or deduct the expense from the rent due.
Dubai
“As per Dubai’s tenancy regulation – Law No. 26 of 2007, the landlord is responsible for covering all maintenance costs unless otherwise specified in the tenancy contract,” said Ambalavelil.
He added that Article 17 of the same law explains that the landlord is responsible for any defect or damage not caused by the tenant.
“If the maintenance expenses are high, the tenant has the right to seek reimbursement from the landlord, as stated in the law. However, if the tenancy contract specifies terms regarding maintenance responsibility, the terms of contract will prevail as per Article 16 of Law No. 26 of 2007. In the absence of such terms in the contract, the issue must be resolved through a maintenance case against the owner in the Rental Dispute Centre,” he said.
Sharjah
“The landlord must handle all the maintenance work during the lease period unless the parties agree otherwise,” he said. Ambalavelil explained that the emirate’s tenancy regulations – Sharjah Law No. 2 of 2007, addresses the responsibility of maintenance.
Article 9: The landlord undertakes to maintain the leased premises to remain valid for use, and to handle all maintenance work during the lease period without the necessary rental maintenance unless the parties otherwise agree.
However, Article 10 of the law also brings in the responsibility of the tenant in cases of damage, stipulating that “they must utilise the leased premises in accordance with the terms outlined in the contract and in alignment with its intended purpose or customary usage”.
“This underscores that tenants should refrain from engaging in activities that could cause damage to the property and subsequently expect the owner to bear the cost of repairs. Although Article 9 clearly implies landlord’s responsibility to take care of the maintenance of the property,” he said.
What if Landlord Refuses?
According to Ambalavelil, the tenant can take a few measures if the landlord refuses to make the necessary repairs, as per Article 8 of the emirate’s rental law, including requesting the rental dispute committee to terminate the contract or request for a rent decrease proportional to the damage.
“Hence, the law has established legal procedures that allows tenants to pursue their rights if they encounter non-cooperation from the landlord regarding property maintenance. These legal measures serve as a safeguard, ensuring that tenants are not burdened with the responsibilities that rightfully belong to the landlord,” he said.
Renters’ Insurance
While the law does protect tenants, legal experts advise them to also consider having ‘content insurance’ or tenant insurance, because it also covers the tenants’ personal belongings and provides alternative accommodation, too.
In the UAE, various insurance policies are available, offering diverse coverage options. However, they are often overlooked, leading to a lack of insurance among many tenants. When considering tenants' rights and addressing their concerns, the resolution varies based on individual circumstances and the type of insurance coverage in place.
Those tenants, who might have taken content insurance, would be covered by that insurance. In particular, all of the damages to their personal property, such as furniture, appliances and other assets, will be covered by the insurance policy. Furthermore, depending on the type of insurance policy, in some cases, insurance policies will even cover temporary accommodation.
Those tenants who did not have insurance, their recourse depends, to an extent, on the cause of the damage. If the property sustained serious damages due to the negligence by or fault of the landlord, then tenants may have a claim against the landlord for compensation of those damages.
An example of this could be when landlords ignored tenants’ earlier requests to fix or remedy certain blatant defects in the property, such as defective window or damaged roof. Even in those cases where damage to the property was due to defective construction, a tenant has a right against the landlord. This is because such damage relates to the property itself, whose obligations are attached to the right of property ownership.
However, there are certain cases where the landlord may not be legally required to cover costs. The extent of the landlord's responsibility to compensate tenants in cases where the landlord is not directly at fault may influence the amount of compensation awarded.
Tenants should also be aware of the landlord's potential defense of force majeure. Recent events such as the storm and subsequent floods in the UAE could be considered force majeure, relieving landlords of their obligations.
Force majeure refers to unforeseeable circumstances preventing contract fulfilment. Landlords may argue that the storm was a natural disaster beyond their control. The outcome regarding force majeure in UAE courts is yet to be determined.
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When purchasing or leasing property in the UAE, timely handover is an expectation. Yet, delays can disrupt plans and cause frustration. In such instances, knowing your rights and compensation avenues is crucial.
Are you tired of facing delays in property handovers in the UAE? Look no further as we've got you covered! This article provides essential information on how to handle such delays effectively. Don't let delays ruin your dream of owning a property. Read on to find out more!
Addressing Causes and Management of Delays
There are several reasons why property handovers may be delayed, including setbacks in the construction process, issues with permits, financial constraints, or adjustments to the project timeline. While some delays may be unavoidable, developers and landlords are responsible for fulfilling their commitments to minimise inconvenience for buyers and tenants.
In the UAE, construction projects, particularly those in the public sector, frequently experience delays due to contractual, financial and technical challenges.
Construction Law in the UAE
The cornerstone of construction projects' legal framework in the UAE is the Civil Transactions Law, commonly referred to as the Civil Code. Rooted in Islamic principles, this law governs civil transactions and lays down general principles applicable to construction projects.
Legal Framework Overview
The UAE's legal system draws from three main sources of law: Federal Laws and Decrees: These laws have nationwide applicability across all Emirates, providing a uniform legal framework for construction projects.
Local Laws: Each Emirate has the authority to enact its laws, ensuring alignment with federal legislation while addressing specific regional needs and considerations.
Shariah: The legal system in the UAE is influenced by Islamic principles, which are integrated into the legal framework, particularly in matters concerning civil transactions and contracts.
Official Municipality Websites
Here is a list of official Municipality websites of each Emirate in the UAE to stay updated on legal regulations related to construction projects that can be helpful to ensure compliance with legal regulations for construction projects:
By visiting these websites, you can access updated laws, regulations, and guidelines that are tailored to the jurisdiction of each Emirate.
Understanding Rights and Legal Protections
The UAE has regulations safeguarding the interests of property buyers and tenants facing delayed handovers which are as follows:
Developer Accountability: Developers are bound by sales and purchase agreements to deliver properties within agreed timelines. Failure to do so can lead to penalties or compensation for affected parties.
Rental Disputes Resolution: For rental properties, each emirate's Rental Disputes Centre (RDC) facilitates fair resolutions between landlords and tenants, offering a transparent process to seek compensation for delays.
Termination Options: In cases of significant delays, buyers and tenants may terminate contracts and seek refunds. However, contract terms vary, so reviewing agreements is essential.
Exploring Compensation Solutions:When confronted with handover delays, consider these compensation options:
Lease Extension: Tenants can negotiate with landlords to extend leases until handover, ensuring uninterrupted accommodation.
Financial Reimbursement: Buyers and tenants may seek compensation for incurred losses, covering additional rent, relocation expenses, storage fees, or related costs.
Navigating Contracts and Legal Recourse
Here are some legal recourse options you can explore in the event of delays in construction projects:
Review Contract Terms: Check for penalty clauses specifying compensation for delays.
Legal Action: If negotiations fail, legal recourse is available. Consulting a real estate lawyer can guide you through the process.
Managing Off-Plan Property Delays
Confirm Payments and Paperwork: Ensure all dues are settled and paperwork is complete to avoid delays stemming from overlooked tasks.
Site Evaluation: Visit the project site to assess progress and understand reasons for delays, engaging with developers for insights.
While property handover delays pose challenges in the UAE, proactive awareness of rights and compensation avenues can mitigate their impact. Regular contract reviews, legal consultations when needed and open communication with involved parties are vital. In complex situations, seeking legal assistance ensures a smooth, lawful resolution
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As we mark Labour Day worldwide, it's crucial to ponder the rights and safeguards extended to workers, especially within the ever-evolving legal landscape of the United Arab Emirates (UAE). This article delves into the legal ramifications for employees in the UAE, drawing insights from the UAE Labour Law and spotlighting 10 essential facts that every worker should be aware of.
Employment Contracts
Under the UAE Labour Law, every employment relationship must be documented with a written contract outlining terms and conditions, including salary, working hours and job responsibilities. This contract serves as a crucial legal safeguard for both employers and employees.
Working Hours
The standard working week in the UAE is capped at 48 hours, with a maximum of eight hours per day. However, certain industries may have different working hour regulations, so it's vital for employees to be aware of their specific sectoral requirements.
Overtime Pay
Employees who work beyond regular hours are entitled to overtime pay, which is calculated based on the regular hourly wage plus a premium. The UAE Labour Law specifies the rates for overtime work, ensuring fair compensation for employees' additional efforts.
Annual Leave
Workers in the UAE are entitled to annual leave, with the duration varying depending on the length of service. Employees with less than one year of service are entitled to two days of leave per month worked, while those with more than one year of service are entitled to 30 days of leave per year.
Public Holidays
The UAE observes several public holidays throughout the year, during which most businesses and government offices are closed. Employees are entitled to full pay on public holidays, with certain exceptions depending on the nature of the work.
End of Service Gratuity
Upon completion of service, employees are entitled to end-of-service gratuity, also known as severance pay. The amount is calculated based on the employee's length of service and last drawn salary, providing financial security upon termination of employment.
Termination of Employment
The UAE Labour Law outlines specific procedures and conditions for the termination of employment contracts, protecting the rights of both employers and employees. It's crucial for workers to understand their rights in case of termination and seek legal advice if needed.
Health and Safety
Employers in the UAE are required to provide a safe working environment for their employees, adhering to health and safety regulations outlined in the UAE Labour Law. Employees have the right to refuse work that poses a risk to their health or safety.
Discrimination and Harassment
The UAE Labour Law prohibits discrimination and harassment in the workplace based on factors such as gender, nationality, religion, or disability. Employers are obligated to foster a respectful and inclusive work environment, free from discrimination and harassment.
Legal Remedies
In the event of disputes or violations of their rights, employees in the UAE have access to legal remedies through the Ministry of Human Resources and Emiratisation (MoHRE) or the Labour Court. Seeking legal assistance can help employees navigate complex employment issues and uphold their rights under the law.
As we celebrate Labour Day, let us recognise the contributions of workers in the UAE and reaffirm our commitment to upholding their rights and protections under the law. By fostering a fair and equitable work environment, we can ensure the well-being and prosperity of all workers in the UAE.
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In a strategic move aimed at enhancing the employability and career prospects of law graduates, universities in the United Arab Emirates (UAE) are set to revamp their legal programmes.
The initiative comes as part of ongoing efforts to align academic curricula with the evolving needs of the legal industry and ensure that graduates are equipped with the requisite skills and knowledge to excel in their careers.
The decision to overhaul legal programmes was reached during a recent meeting between representatives from the Ministry of Education and leading law firms in the UAE. The gathering served as a platform for constructive dialogue and collaboration between academia and industry stakeholders to identify key areas for improvement and devise actionable strategies to bridge the gap between theory and practice in legal education.
Commenting on the initiative, Dr Fatima Al Nuaimi, Assistant Undersecretary for Academic Affairs at the Ministry of Education, underscored the ministry's commitment to fostering excellence in legal education.
"As part of our ongoing efforts to enhance the quality and relevance of higher education programs, we are collaborating closely with law firms and other industry partners to ensure that our legal programs are aligned with the needs of the legal profession," said Dr Al Nuaimi.
"By revamping our legal curricula, we aim to empower law graduates with the skills, competencies, and practical experience needed to thrive in today's dynamic legal landscape," she added.
Representatives from leading law firms echoed the ministry's sentiments, emphasising the importance of academic-industry collaboration in shaping the future of legal education.
"The legal profession is constantly evolving, and it is essential for academic institutions to adapt their programmes to reflect the changing demands of the industry," said Vaisak Unnikrishnan, Senior Legal Associate at NYK Law Firm, one of the top legal consultants in UAE. "By working closely with universities, we can ensure that graduates are well-prepared to meet the challenges of the legal profession and contribute meaningfully to the legal community."
Key areas identified for enhancement include practical skills development, experiential learning opportunities and specialised training in emerging areas of law such as technology, intellectual property and alternative dispute resolution.
Additionally, there is a strong emphasis on fostering critical thinking, problem-solving and ethical reasoning skills among students to equip them with a well-rounded foundation for success in the legal field.
Moving forward, stakeholders are committed to ongoing collaboration and dialogue to implement the proposed reforms and monitor their effectiveness in improving the quality and relevance of legal education in the UAE.
By harnessing the collective expertise and insights of academia and industry, the aim is to empower law graduates with the tools and knowledge they need to excel in their legal careers and make meaningful contributions to society.
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
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Mohammed Bin Rashid Establishment for Small and Medium Enterprises Development (Dubai SME), a subsidiary of the Dubai Department of Economy and Tourism (DET), has unveiled an initiative to assist businesses impacted by recent adverse weather conditions.
The initiative aims to offer financial aid through newly introduced interest-free loans, along with grace and deferment periods for existing loans obtained by Emiratis who own small and medium-sized enterprises (SMEs).
This effort seeks to bolster ongoing recovery endeavours and stabilise businesses affected by the adverse weather conditions witnessed in the UAE recently.
The launch of this initiative by the Mohammed Bin Rashid Fund for SME, a division of Dubai SME, is a response to the directives of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister and Ruler of Dubai, to address the aftermath of the unprecedented rainfall in the UAE.
Furthermore, the initiative is part of the continuous monitoring and guidance of His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of the Dubai Executive Council, ensuring comprehensive oversight of all developments related to this issue, and facilitating the swift recovery of all sectors.
The Mohammed Bin Rashid Fund for SME operates under Dubai SME to propel the development and diversification of the local and national economy.
Under this special incentive for Dubai SME members, eligible companies can access interest-free loans of up to Dh300,000, with a grace period ranging from 6 to 12 months, to repair or replace damaged properties crucial for the smooth operation of their businesses.
This underscores the Fund’s commitment to supporting affected SMEs in overcoming challenges, further solidifying Dubai SME's role in fostering economic sustainability within the SME community.
Moreover, the new initiative offers interest-free business loans for material damages and defers loan repayments for affected business owners who are Dubai SME members.
This aids in easing the financial burden and covering the costs of repair and replacement operations to expedite business resumption and minimise disruptions to regular operations, while also supporting the local economy. This is crucial given the significant role SMEs play in revitalising and developing Dubai’s economy.
Abdul Baset Al Janahi, CEO of Dubai SME, stated: “Under the guidance of His Highness Sheikh Mohammed bin Rashid Al Maktoum and the diligent oversight of His Highness Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum to overcome all challenges, we are collaborating with our partners to explore avenues for mitigating the effects of the recent weather conditions that have impacted the country, facilitating a swift recovery.”
Affected Dubai SME members can submit the necessary documents to the Fund’s designated relief financing committee through the website of the Mohammed bin Rashid Fund for SME www.thefund.ae or by contacting the customer service center at 600 555 559.
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In the United Arab Emirates (UAE), establishing Quran classes is a noble endeavour but one that requires adherence to specific laws and regulations.
Aspiring educators and community leaders must navigate a process governed by legal frameworks to ensure compliance and uphold standards of quality and safety.
Recent updates have underscored the importance of understanding the legalities surrounding Quran classes, with penalties of up to Dh50,000 for non-compliance.
To shed light on this crucial topic, we delve into the laws, penalties and processes involved in starting Quran classes in the UAE. The UAE government has established clear guidelines for the establishment and operation of Quran classes to maintain quality standards and ensure the safety of participants.
These regulations encompass various aspects, including licensing, curriculum, facilities, and instructor qualifications. Establishing Quran classes in the UAE requires adherence to a structured process outlined by the relevant authorities.
Prospective organisers must obtain the necessary licenses and approvals, develop a curriculum in accordance with Islamic teachings, and ensure the suitability of facilities and instructors.
Obtain Necessary Licences and Approvals
Before commencing Quran classes, organisers must obtain the required licences and approvals from the relevant government authorities. This may involve submitting an application, providing documentation and undergoing inspections to verify compliance with regulations.
Develop a Curriculum
The curriculum for Quran classes should align with the teachings of Islam and cater to the needs of participants. It may include Quranic recitation, memorisation, understanding of Islamic principles and character development. Organisers are encouraged to seek guidance from religious scholars and educational experts in developing the curriculum.
Ensure Suitable Facilities
The facilities where Quran classes are conducted must meet certain standards to ensure the safety and comfort of participants. This includes adequate space, appropriate amenities and adherence to health and safety regulations. Organisers should prioritise creating a conducive learning environment for students.
Qualifications of Instructors
Instructors leading Quran classes should possess the necessary qualifications, including knowledge of Quranic recitation and interpretation, teaching experience and proficiency in Arabic.
They play a crucial role in imparting knowledge and nurturing the spiritual growth of participants. Establishing Quran classes in the UAE is a commendable initiative that requires careful consideration of legal requirements and adherence to established guidelines.
By understanding the laws, penalties and processes involved, aspiring educators and community leaders can contribute to the promotion of Islamic education while ensuring compliance with regulations.
As the UAE continues to uphold its commitment to fostering religious and educational opportunities, individuals and organisations are encouraged to approach the establishment of Quran classes with diligence and respect for the law.
In doing so, they contribute to the enrichment of society and the preservation of Islamic values.
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In the UAE, Hindu marriages are usually governed by personal status laws and regulations that vary depending on the emirate. While Hindu marriages are not officially recognised by the UAE government, couples often undergo a religious or cultural ceremony to mark their union. However, there are certain legal requirements that couples may need to fulfill, which can include:
Documentation: Couples may need to provide certain documents, such as passports, birth certificates, and a no-objection certificate (NOC) from their respective consulates or embassies.
Registration: Some emirates require Hindu marriages to be registered with the relevant authorities. This registration process may involve submitting a marriage application along with the required documents.
Legalisation: In some cases, couples may need to have their marriage certificate legalised by the UAE Ministry of Foreign Affairs or the relevant embassy or consulate.
Validity of the Marriage: It's essential to ensure that the marriage ceremony adheres to the customs and rituals recognized by Hindu tradition. Additionally, couples should consult with legal experts or religious authorities to understand the validity of their marriage under Hindu law.
Consent: Both parties must consent to the marriage without coercion or duress. Consent is a fundamental requirement for the validity of any marriage.
Age Requirements: In the UAE, the legal age for marriage is generally 18 years old. However, there may be exceptions for minors under certain circumstances, such as parental consent and approval from the courts.
Witnesses: Witnesses may be required to attest to the marriage ceremony. These witnesses must be of legal age and have the capacity to understand the significance of their role.
It's crucial for couples planning to marry in the UAE to consult with legal experts or religious authorities familiar with the local laws and customs to ensure they fulfill all necessary requirements.
Additionally, couples may consider obtaining legal advice from professionals specializing in family law or international marriages.
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‘One Room for Dh8,000 a Night: Some UAE Hotels Raise Prices as Floods Leave Residents Stranded’; ‘Dh600 Towing Cost: Motorists Face Increased Prices After Abandoning Cars Amid Floods’ – These were among the recent headlines in UAE media following the floods that wreaked havoc across the UAE.
While the recent catastrophe saw people unite to support those in distress and the government introduce measures on a war footing, some took advantage of the crisis situation to make a quick profit.
In the aftermath of the flash floods in the UAE, a contentious issue has emerged – price gouging by some businesses, especially hotels. As residents grappled with the natural disaster, reports surfaced of exorbitant room rates, leaving many stranded and questioning the morality and legality of such actions.
What are the moral and legal dimensions of price gouging in the UAE, particularly in light of Federal Law No. 15 of 2022 on consumer protection?
Price gouging refers to the practice of raising prices excessively during times of high demand or emergency situations, often to exploit consumers' urgent needs. In the context of the recent floods, reports have highlighted instances of hotels charging exorbitant rates for accommodation, with some rooms reportedly priced as high as Dh8,000 per night.
From a moral standpoint, price gouging raises ethical concerns about fairness, exploitation and social responsibility. In times of crisis, such as natural disasters, communities rely on businesses to act ethically and prioritise the well-being of consumers over profit maximisation.
Price gouging undermines trust and solidarity within society, as it exacerbates the vulnerability of those already facing hardship.
Legal Framework
In the UAE, Federal Law No. 15 of 2022 on consumer protection serves as a cornerstone for regulating business practices and protecting consumers' rights. The law prohibits unfair commercial practices that harm consumers, including price manipulation and exploitation.
Article 8 of the law explicitly prohibits price gouging, stating that businesses must not exploit consumers' circumstances to charge prices significantly higher than the market value of goods or services.
Enforcement and Penalties
Under Federal Law No. 15 of 2022, businesses found guilty of price gouging can face severe penalties, including fines, suspension of activities and even closure of establishments. The law empowers regulatory authorities to investigate complaints of price gouging and take appropriate enforcement actions to ensure compliance with consumer protection regulations.
Call for Accountability
In light of the reported instances of price gouging by hotels in the wake of the floods, there is a growing call for accountability and transparency in the hospitality sector. Consumers, advocacy groups and regulatory authorities are urging business establishments to adhere to ethical pricing practices and comply with legal obligations to protect consumers' rights.
Price gouging in the UAE, particularly in the aftermath of natural disasters, raises complex moral and legal questions. While businesses have a duty to operate profitably, they must also uphold ethical standards and respect consumers' rights.
As the UAE continues to prioritise consumer protection and fair business practices, it is imperative for all stakeholders to work together to combat price gouging and promote a fair and just marketplace for all.
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Is it possible for employees to start their own business while still being employed?
Yes, you can start a business in the UAE while working full-time; however, it's important to ensure that your business activities do not conflict with your employer's.
Obtaining a No Objection Certificate (NOC) from your employer might be necessary, but the decision to grant it rests with your employer.
Whether you need an NOC depends on the licensing agency and its specific requirements. If your business activities overlap with those of your employer, they may include a non-compete clause in your employment contract, prohibiting you from starting a similar business without their permission.
There are various factors to consider regarding whether your employer can prevent you from starting a business. If you choose to establish your venture in certain free zones where an NOC is not required, you won't need your employer's permission.
However, they may decline your request due to concerns about competition, protecting trade secrets, or compliance with regulations.
Thanks to changes in UAE law, many free zones no longer require employed individuals to obtain permission from their current employer. When you approach a free zone to obtain a licence, they will inform you whether you need an NOC from your current employer.
The regulations outlined in Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, along with those in Cabinet Resolution No. 1 of 2022 concerning the Executive Regulations of Federal Decree-Law No. 33 of 2021, apply in this context.
If an employee wishes to establish or join an entity in the UAE, whether as a partner or shareholder, they must obtain an NOC from their employer.
This requirement ensures compliance with employment regulations and should be fulfilled before commencing any business activities.
Furthermore, if the employee's proposed business activities overlap with their current role, their employer may perceive it as competition.
In such cases, the employment contract may include a non-competition clause, as stipulated in Article 10(1) of the Employment Law.
This clause outlines restrictions on the employee's ability to engage in similar business activities after their employment contract expires, typically for a period of up to two years.
However, the applicability of the non-competition clause can be waived if both parties agree in writing or under specific circumstances outlined in Article 12(4) of Cabinet Resolution No. 1 of 2022.
Moreover, Article 12(5) of the same resolution provides exemptions from the non-compete clause under certain conditions.
These include scenarios where compensation is provided to the former employer, termination occurs during the probationary period, or specific professional categories are determined by the ministry to be exempt from such restrictions.
Under Article 10 of the new UAE Labour Law, if your job gives you access to your employer's clients or trade secrets, they can include a non-compete clause in your contract.
This clause specifies the duration, location, and type of work you're restricted from engaging in after your contract ends, typically for up to two years.
The UAE has enacted new legislation concerning part-time and flexible work arrangements. Part-time employees now have explicit rights, including pro-rated vacation leave.
The legislation also recognises the possibility of remote work or starting a business with the employer's approval.
Additionally, under the new laws, resigning employees are entitled to a full end-of-service gratuity after completing at least one year of service.
Previously, this benefit was only available after five years of service. When you leave your job, your previous employer cannot prevent you from pursuing your business interests.
However, it's crucial to consider the potential impact on your current visa status before taking any action.
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The UAE has experienced a notable surge in trademark registrations during the first quarter of 2024, showing a 64 per cent increase compared to the same period last year.
This rise underscores the growing confidence among investors in the nation's innovative entrepreneurial landscape.
In Q1 of 2024, the UAE recorded a total of 4,610 trademark registrations, up from 2,813 in the corresponding period of 2023, according to official data published by the Ministry of Economy.
Trademark experts and analysts view this surge as a positive indicator for the UAE's business community, reflecting increasing investor confidence in the nation's economy and business climate.
Sunil Ambalavelil, partner and legal consultant at NYK Law Firm, emphasised that trademark registration is crucial for safeguarding intellectual property rights, enabling businesses to differentiate their products and services in the market.
"By registering a trademark, businesses can prevent others from using their brand name, logo, or slogan, establishing a unique identity in the marketplace," Ambalavelil explained.
"This not only fosters brand recognition and customer loyalty but also enhances the value of their offerings."
He further stated: "The uptick in trademark registrations in the UAE demonstrates growing awareness among businesses about the importance of protecting their intellectual property rights. It also signifies confidence in the country's legal framework and enforcement mechanisms, which are critical for safeguarding trademarks and other intellectual property assets."
Shulka Chavan, legal associate at Kaden Boriss, highlighted the UAE's efforts to strengthen intellectual property laws and regulations in recent years. "This increase in trademark registrations is a testament to the effectiveness of these measures," said Chavan.
"It signals growth driven by innovation and is likely to boost business confidence in the UAE, promoting increased competition, innovation, and foreign investment, thereby driving overall growth and prosperity."
During March alone, 2,018 new brands were recorded in the UAE, spanning various sectors such as smart technology, transportation, food and beverage, pharmaceuticals, medical devices, finance and real estate. The trend continued with 2,592 trademarks registered in January and February, demonstrating sustained growth in trademark registrations.
In 2023, there was a substantial increase in trademark registration applications, rising by 9.6 per cent compared to 2022. Additionally, there was a 29.5 per cent increase in the registration of intellectual works.
The Ministry of Economy received 3,415 patent applications in 2023, marking a 19.5 per cent increase from 2022. The total number of registered patents reached 5,108 in 2023, up by 13.7 per cent.
Earlier this year, the Ministry of Economy introduced a new intellectual property (IP) system comprising 11 integrated initiatives aimed at fostering innovation and creativity. Abdulla bin Touq Al Marri, Minister of Economy, emphasised the significance of intellectual property for economic growth and highlighted the UAE's commitment to becoming a global hub for innovation.
According to legal experts, the UAE's adherence to international treaties and agreements, such as the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights, strengthens its trademark registration system and enhances international cooperation in trademark enforcement.
They noted that the UAE has established effective mechanisms to protect trademark rights and combat infringement, offering civil remedies like damages, injunctions, and seizure of infringing goods, as well as criminal penalties for trademark counterfeiting and piracy.
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Federal Decree-Law No. (32) of 2021, enacted on 20/09/2021, revolutionises the regulatory framework for commercial entities in the United Arab Emirates.
This law emphasises governance, shareholder protection and economic growth, setting high standards for corporate operations.
Here are your FAQs based on Federal Decree-Law No. (32) of 2021 which we have covered.
What is Federal Decree-Law No. (32) of 2021 About?
This decree law pertains to commercial companies in the United Arab Emirates, aiming to regulate various aspects such as governance, shareholder rights protection, foreign investment facilitation, and corporate social responsibility.
Which Companies Fall Under the Jurisdiction of this Decree-Law?
The Decree law applies to commercial companies established within the UAE. Additionally, its provisions extend to foreign companies establishing their head office, branch, or representative office in the UAE for conducting business activities.
Are there any Exemptions to the Application of this Decree-Law?
Yes, certain companies are exempted, including those wholly owned by the Federal or Local Government, companies operating in specific sectors like energy, and entities exempted under special federal laws or Cabinet decisions.
How Can Companies Exempted from this Decree-Law Adjust their Situation if they Engage in Certain Activities?
Exempted companies may need to adjust their status if they sell shares to the public, offer shares for public subscription, or list their shares on financial markets within the UAE.
What are Special Purpose Acquisition Companies (SPACs) and Special Purpose Vehicles (SPVs) Mentioned in the Decree-Law?
SPACs are public joint-stock companies approved by the Authority with the sole purpose of acquiring other companies, while SPVs are entities established to segregate obligations and assets for specific financing operations. Both types have special provisions outlined in the decree-law.
Who Oversees the Implementation of this Decree-Law?
The Ministry of Economy, along with other relevant authorities such as the Securities and Commodities Authority, plays a role in enforcing the provisions of this Decree-Law.
How Does this Decree-Law Contribute to the Development of the UAE's Economic Landscape?
By establishing clear regulations on governance, shareholder protection and foreign investment, this Decree-Law aims to enhance the business environment, bolster economic capabilities and align with global standards.
What are the Objectives Outlined in Article 2 of the Decree-Law?
The objectives include fostering development in the business environment, enhancing corporate governance, protecting shareholder and partner rights, promoting foreign investment inflow and encouraging corporate social responsibility.
How are Strategic Partners Defined within the Context of this Decree-Law?
Strategic partners refer to those who provide beneficial support to a company in terms of technical, financial, operational, or marketing aspects, as outlined in the provisions of the Decree-Law.
How are Decisions Made within Joint-stock Companies According to the Decree-Law?
Special decisions within joint-stock companies require a majority vote of shareholders who collectively own at least three-quarters of the shares represented in the general assembly meeting.
Federal Decree-Law No. (32) of 2021 signifies a crucial stride towards modernising UAE's commercial regulations. By prioritizing transparency and facilitating investment, this law paves the way for a vibrant and sustainable business environment.
Its implementation underscores the UAE's commitment to fostering economic development and attracting global enterprises
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Auto insurance is a critical aspect of owning a vehicle, offering protection and financial security in case of unforeseen events.
When it comes to insuring your vehicle, you have two primary options to choose from --third-party insurance and comprehensive insurance. Each comes with its own set of benefits and considerations. Let's delve into understanding the differences between the two and how to select the best option for your needs.
Comprehensive Insurance
Comprehensive insurance is an optional plan that provides both third-party liability and own-damage coverage. This type of insurance offers extensive protection against various risks, including accidents, natural disasters, theft and more. In addition to covering damages to third-party life or property, comprehensive insurance also safeguards your vehicle from unforeseen events.
Third-Party Insurance
As mandated by The Motor Vehicles Act, third-party insurance is compulsory for all vehicles in India. This type of insurance provides coverage for damages or losses incurred by third parties due to your vehicle.
While it offers basic financial and legal assistance in case of accidents, it primarily focuses on protecting third parties rather than your own vehicle.
Differences Between Comprehensive and Third-Party Insurance
The main disparity between comprehensive and third-party insurance lies in their coverage. While third-party insurance protects only against damages to others, comprehensive insurance covers both own vehicle damage and third-party liabilities. Here's a comparative analysis to help you understand better.
Own Damage Cover
Comprehensive insurance protects your vehicle against damages caused by accidents, theft, natural calamities and more, ensuring financial security in case of unforeseen events.
Add-ons
With comprehensive insurance, you have the option to customise your plan with add-ons such as zero depreciation, roadside assistance and engine protection, providing additional layers of protection.
Exclusions in Comprehensive Insurance
Before purchasing comprehensive insurance, it's essential to understand the exclusions. Common exclusions include expired policies, failure to follow traffic rules, fraudulent activities, consequential damages and non-purchase of required add-ons.
Why Choose Comprehensive Insurance?
Comprehensive insurance offers extensive coverage, ensuring financial security for both third-party liabilities and own vehicle damages. It provides peace of mind, flexibility and mandatory compliance with insurance laws.
Selecting the Best Insurance Policy
When choosing between comprehensive and third-party insurance, consider factors such as your insurance requirements, vehicle usage, policy fine print and the reputation of the insurer. Ensure that the policy aligns with your needs and offers adequate coverage.
Auto insurance is a crucial investment that provides financial protection and peace of mind. While third-party insurance is mandatory, comprehensive insurance offers extensive coverage, including own vehicle damages.
By understanding the differences between the two and assessing your needs, you can make an informed decision and select the best insurance policy for your vehicle.
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Heavy rains have recently battered several regions across the UAE, and residents are now grappling with the aftermath of the inclement weather. Among the myriad challenges faced by motorists, losing a licence plate during heavy rains ranks high on the list.
Here is a comprehensive guide on how to navigate the process of applying for a replacement licence plate, ensuring you can swiftly get back on the road legally and safely.
Report the Loss to Authorities
The first crucial step in the process is to report the loss of your licence plate to the relevant authorities. Contact your local police station or traffic department immediately to inform them of the situation. They will provide you with a report confirming the loss, which is essential for initiating the replacement process.
Gather Required Documentation
Once you've filed a report with the authorities, gather all necessary documents for the replacement application. This typically includes your Emirates ID, vehicle registration card and a copy of the police report confirming the loss of the licence plate.
Visit the Traffic Department or Customer Service Centre
Armed with the requisite documents, make your way to the nearest traffic department or customer service centre. Locate the designated counter for license plate replacement and submit your application along with the required documentation.
Pay the Replacement Fee
Be prepared to pay a replacement fee at the time of submitting your application. The fee amount may vary depending on your location and specific circumstances. Ensure you have the necessary funds available to cover the cost.
Await Processing and Notification
Following the submission of your application and payment of the replacement fee, the traffic department will process your request. This typically involves verifying your documents and issuing a new licence plate.
Await notification from the authorities regarding the status of your application and the availability of your new licence plate.
Collect Your Replacement Licence Plate
Upon notification of approval, proceed to the traffic department or customer service centre to collect your replacement licence plate. Ensure you bring along your Emirates ID and any other required documentation for verification purposes.
Losing your licence plate during heavy rains can be a daunting experience, but with the right guidance and proactive steps, obtaining a replacement is entirely feasible.
By promptly reporting the loss to authorities, gathering the necessary documentation and following the prescribed application process, motorists can expedite the replacement process and resume their travels with ease.
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Severe rainfall in the UAE has caused significant damage to vehicles, resulting in the need for insurance claims to cover repairs or replacements. However, managing these claims can be overwhelming due to extended wait times and extensive paperwork.
Thankfully, technological advancements have simplified the process of certifying insurance claims. In this article, we will discuss how you can expedite the certification of your rain-damaged car insurance claim using police apps, making the entire process quicker and more efficient.
You can expedite the certification of your rain-damaged car insurance claim using police apps, making the entire process quicker and more efficient.
Understanding the Importance of Certification
When filing an insurance claim for rain-damaged cars in the UAE, it's essential to have your claim certified by the police. This certification serves as official documentation of the damage and is required by insurance companies to process your claim.
Police Apps
Police apps have revolutionised the way individuals can interact with law enforcement agencies in the UAE. These apps allow users to report incidents, request services and even file insurance claims for vehicle damage directly from their smartphones.
Steps to Certify Your Insurance Claim Using Police Apps
Download the App: Start by downloading the official police app relevant to your emirate, such as Dubai Police, Abu Dhabi Police, or Sharjah Police.
Report the Incident: Navigate to the "Report Incident" or "File a Report" section within the app and provide details about the rain damage to your car, including the location, time and extent of the damage.
Upload Supporting Documents: You may be asked to upload photos or videos of the damage, as well as your vehicle registration and insurance documents.
Receive Certification: Once your report is submitted, a police officer will review the details and, if necessary, visit the location to assess the damage. Upon verification, you will receive a certified police report confirming the rain damage to your car.
Benefits of Using Police Apps for Insurance Claims
Convenience:With police apps, you can file your insurance claim from the comfort of your home or office, eliminating the need to visit a police station in person.
Efficiency: The streamlined process of filing claims through police apps helps expedite the certification process, allowing you to receive your certified report quickly.
Accuracy: By providing detailed information and supporting documents through the app, you can ensure the accuracy of your insurance claim, reducing the likelihood of delays or disputes.
Tips for a Smooth Certification Process
In conclusion, rain-damaged car insurance claims in the UAE can be certified easily and conveniently using police apps. By leveraging technology and following the steps outlined above, you can streamline the certification process and expedite your insurance claim, getting your vehicle back on the road sooner.
Don't let rain damage dampen your spirits – take advantage of police apps to ensure a hassle-free claims experience.
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In the UAE, where heavy rains and unpredictable weather pose significant risks to homes, securing adequate house insurance is essential for homeowners. Insuring your house not only protects against damages from natural disasters like flooding and storms but also provides coverage for theft, fire and other unforeseen events.
Understanding the legalities and regulations set by the UAE Insurance Authority is crucial for navigating insurance options effectively. This guide breaks down key considerations, including types of policies available, coverage details, documentation requirements, premium factors, claims processes and the importance of seeking legal assistance when needed.
Ensure your home is safeguarded against unexpected challenges with comprehensive house insurance tailored to your needs.
Understanding Insurance Regulations
The UAE Insurance Authority (IA) regulates the insurance sector in the country, overseeing the licensing, operation, and supervision of insurance companies.
Insurance companies offering house insurance must comply with the regulations and guidelines issued by the IA to ensure transparency, fairness and consumer protection.
Types of House Insurance Policies
Homeowners in the UAE can choose from various types of house insurance policies tailored to their needs, including:
Building Insurance: Covers the structure of the house against damage or loss caused by perils such as fire, natural disasters, and vandalism.
Contents Insurance: Protects personal belongings and household items inside the house against theft, damage, or loss.
Comprehensive Home Insurance:Combines building and contents insurance, providing comprehensive coverage for both the structure and contents of the house.
Coverage and Exclusions
It's essential to understand the coverage and exclusions of your house insurance policy before purchasing. Typical coverage includes damage or loss due to fire, lightning, explosion, storm, flood, burglary and accidental damage. Exclusions may vary but commonly include acts of war, terrorism, wear and tear and intentional acts.
Documentation and Application Process
To insure your house in the UAE, you'll need to provide certain documents and information to the insurance company, including:
Once you've submitted the required documents, the insurance company will assess the risk associated with insuring your house and provide you with a quotation based on the coverage requested.
Premiums and Payment
House insurance premiums in the UAE are typically calculated based on factors such as the value of the property, its location, construction type and the level of coverage.
Premiums can be paid annually, semi-annually, or monthly, depending on the terms agreed upon with the insurance company.
Claims Process
In the event of damage, loss, or theft covered by your house insurance policy, you'll need to file a claim with the insurance company. The claims process may involve providing documentation, such as a police report for theft or damage assessment reports for property damage.
Once the claim is approved, the insurance company will compensate you for the covered losses or damages as per the terms of your policy.
Legal Assistance
If you encounter any legal issues or disputes related to house insurance in the UAE, it's advisable to seek legal assistance from a qualified lawyer or legal advisor familiar with insurance laws and regulations in the country.
By understanding these legalities and following the proper procedures, you can ensure that your house is adequately insured and protected against unforeseen events in the UAE.
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
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In recent years, the UAE has taken decisive regulatory steps to confront the pervasive issue of counterfeit medical products, a threat that extends to the burgeoning cosmetic landscape.
During festive occasions, the application of traditional mehendi remains a cherished tradition. However, concerns have emerged over the increasing use of black or white henna, often laced with synthetic chemicals that can be harmful to the skin.
A prominent dermatologist has recently sounded the alarm about the risks posed by these chemicals, highlighting adverse effects on skin health. Synthetic alternatives found in black or white henna, such as PPD (paraphenylenediamine), present substantial health hazards.
Some products contain PPD levels far surpassing safe thresholds seen in hair dyes, leading to redness, swelling, blistering, painful chemical burns and scarring.
Combatting Counterfeit Medical Products
In parallel to these concerns over cosmetics, the broader issue of counterfeit medical products poses a significant risk to public safety. Consumers must remain vigilant and proactive to avoid falling victim to counterfeit medicines and devices.
Globally, counterfeit medical products are a persistent challenge, with alarming figures showing that approximately 1 in 10 medical items in low- and middle-income countries is falsified (World Health Organisation).
These misrepresented medications, intentionally mislabelled in terms of identity and origin, can have dire consequences, including treatment failure, drug resistance and fatalities.
UAE's Response
The UAE, like many nations, faces the influx of counterfeit medicines with growing apprehension. Despite robust enforcement efforts, counterfeit medications, particularly lifestyle drugs, persist in infiltrating the market, posing a grave risk to public health.
In response to this escalating threat, the UAE has intensified its efforts to combat counterfeit medical products. In recent years, enforcement agencies have tightened scrutiny of medical supplies, resulting in substantial seizures of fraudulent goods.
Collaborative operations involving law enforcement bodies such as Dubai Police and the Dubai Department of Economic Development have yielded the confiscation of millions of counterfeit medical masks, thermometers and related items.
Technological Innovations
The UAE has embraced innovative technologies and initiatives to bolster its anti-counterfeit capabilities. The Department of Health (DoH) has introduced a device capable of swiftly detecting counterfeit medicines, enhancing inspection efficiency.
Furthermore, plans for a new app to identify counterfeit medical products in the UAE market underscore the government's unwavering commitment to safeguarding public health.
Legislation in the UAE for Counterfeit Medical Products
The UAE has implemented stringent laws to deter individuals involved in the production, distribution, or sale of counterfeit medical products. The Federal Trademarks Law and Pharmacy Law impose severe penalties, including imprisonment and hefty fines, on offenders.
Under Article 37 of the Trademarks Law, penalties include imprisonment and a fine of not less than Dh5,000 for dealing with counterfeit products. Article 110 of the Pharmacy Law imposes penalties of imprisonment and/or fines ranging from Dh200,000 to Dh1,000,000 for falsifying or imitating medical products.
Cosmetic Products Regulation in the UAE
The United Arab Emirates (UAE) boasts a vibrant cosmetic industry, offering consumers a diverse range of beauty and personal care products. To ensure the safety and quality of these products, the UAE has established robust regulatory measures overseen primarily by two key administrative bodies: The Dubai Municipality (DM) and the Emirates Authority for Standardisation and Metrology (ESMA).
These organisations play a pivotal role in setting regulatory standards for cosmetic products entering the UAE market. In line with international best practices, the UAE adheres to the unified regulations for cosmetics established by the Gulf Cooperation Council (GCC).
This harmonised regulatory framework requires cosmetic products to undergo registration with both the DM and the ESMA before they can be launched in the market.
The registration process entails the submission of detailed information on the product's formulation, labelling requirements and safety assessments.
Labelling of Cosmetic Products
The labelling of cosmetic products in the UAE is meticulously regulated to ensure transparency for consumers. Labels must be presented in both Arabic and English, featuring clear instructions for use, pertinent safety warnings and other essential information.
Products containing specific substances must comply with corresponding labelling requirements.
To uphold compliance with quality standards and consumer safety, the DM and the ESMA conduct thorough testing and evaluation of cosmetic products.
The Emirates Conformity Assessment Scheme (ECAS) further certifies products that meet regulatory requirements, providing consumers with assurance of quality and safety.
The UAE has taken significant steps to address the problem of counterfeit medical products, leveraging both technological advancements and legislative measures.
The aim is to eliminate counterfeit medical products from the market and safeguard the health and well-being of its citizens and residents.
Similarly, the UAE prioritises safety, quality and transparency in the cosmetic industry.
Cosmetic manufacturers are mandated to adhere to Good Manufacturing Practice (GMP) guidelines, ensuring high-quality standards throughout the production process.
Rigorous evaluations by the DM and the ESMA certify cosmetic products as safe and compliant before they are made available to consumers.
(The writer is a legal associate at NYK Law Firm, one of the top legal consultants in Dubai)
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