The Dubai Public Prosecution has unveiled details of a fraudulent scheme in which a woman was emotionally manipulated and financially exploited by a man posing as her future potential husband.
Using false names to protect the identities of the parties involved.
The woman, identified as Noor, met the scammer, Osama, through matrimonial websites. Their communication, which spanned six years, led Noor to believe that Osama was serious about marrying her. Throughout this time, she supported him financially, unaware that she was being deceived.
Noor reported the case to authorities after realizing that her financial contributions, which totalled Dh400,000, were part of an elaborate scam. Following an investigation, the suspect was arrested, brought to court, and sentenced to five years in prison along with a fine.
How the Deception Unfolded
The fraudulent relationship began when Noor connected with Osama, who claimed to work in the marine industry, via a marriage platform. Their exchanges took place primarily through phone calls and WhatsApp, with Osama consistently making excuses for his inability to meet in person due to his demanding job.
Over the course of six years, Noor helped Osama financially, believing his fabricated stories about family emergencies, accidents, medical bills, and inheritance disputes. He continually promised to repay her and move forward with their marriage, deepening the emotional manipulation.
Dh400,000 Stolen in Elaborate Scam
Osama's deception escalated when he used a different phone number to impersonate a high-ranking official, pressuring Noor into paying large sums of money under the pretence of helping Osama resolve his issues. Feeling threatened, Noor ultimately transferred a total of Dh400,000 over several payments.
Eventually, realizing the full extent of the scam, Noor contacted the authorities. Investigations revealed the truth, and Osama was arrested and charged.
Five Years in Prison for Fraudster
Following a thorough investigation, Osama was brought to trial. The court found him guilty, sentencing him to five years in prison, imposing a fine, and ordering his deportation after serving his sentence.
The Dubai Public Prosecution warned citizens to be cautious, emphasizing that legitimate government bodies only communicate through official channels such as direct meetings, recognized phone numbers, and verified websites or applications.
(The writer is the Legal Associate specializing in Criminal and family law at The Law Reporters)
VPNs (Virtual Private Networks) are not outright illegal in the UAE, as long as they are used in accordance with the guidelines set by the Telecommunications and Digital Government Regulatory Authority (TDRA). The TDRA clarified that businesses, institutions, and banks are allowed to use VPNs to securely access internal networks through the internet. There are no regulations preventing the use of VPN technology for such legitimate purposes.
However, the misuse of VPNs is a serious offense under UAE law. Using VPNs to commit illegal activities, such as disguising your IP address or accessing blocked content, is strictly prohibited. According to Article 10 of Law No. 34 of 2021 Concerning Combatting Rumours and Cybercrimes, anyone found guilty of using a third party's IP address or other means to commit a crime or avoid detection can face imprisonment and/or fines ranging from Dh500,000 to Dh2,000,000.
The TDRA’s Internet Access Regulations further outline what constitutes "Prohibited Content," which includes VPN services that enable users to bypass or access restricted content online. VPNs should not be used to access any blocked or prohibited materials, as doing so would violate the law.
While there is no official list of approved VPN services in the UAE, using a VPN for anything that circumvents the country's internet restrictions could result in legal consequences. For more specific legal advice, it's best to consult a legal practitioner or refer to the TDRA.
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Elon Musk and his company Tesla have successfully had a federal lawsuit dismissed that accused them of defrauding investors by promoting the cryptocurrency Dogecoin and engaging in insider trading, allegedly leading to billions of dollars in losses.
The ruling, issued by U.S. District Judge Alvin Hellerstein in Manhattan on Thursday night, marks a significant win for Musk.
Investors claimed that Musk, the world's wealthiest individual, used his Twitter platform, a 2021 appearance on NBC's "Saturday Night Live," and other publicity stunts to profit at their expense. They alleged that he and Tesla manipulated Dogecoin's price through several Dogecoin wallets they controlled, driving its value up by more than 36,000 percent over two years before allowing it to crash.
The lawsuit highlighted specific instances, such as when Musk replaced Twitter’s blue bird logo with the Dogecoin Shiba Inu dog logo in April 2023, causing Dogecoin’s price to jump 30 percent. Investors claimed Musk then sold off Dogecoin, profiting from the surge.
However, Judge Hellerstein ruled that Musk’s tweets about Dogecoin being the "future currency of Earth," its potential use to purchase Teslas, and even sending it to the moon via SpaceX were "aspirational and puffery," rather than factual statements that could be proven false. As such, the judge determined that no reasonable investor could rely on these statements as the basis for a securities fraud claim.
Hellerstein also found the investors' claims of market manipulation and insider trading to be unsubstantiated, noting it was "not possible to understand" their arguments. Consequently, the lawsuit was dismissed with prejudice, preventing the investors from refiling the case. The plaintiffs had originally sought $258 billion and had amended their complaint four times over two years.
Following the ruling, Musk’s lawyer, Alex Spiro, expressed satisfaction, stating, "It's a very good day for Dogecoin."
Musk’s legal team had argued that his tweets were merely harmless and often humorous, denying any wrongdoing. They also contended there was no evidence to support the claim that Musk owned two wallets used for suspicious trading or that either he or Tesla sold Dogecoin during the relevant period.
During his "Saturday Night Live" appearance, Musk referred to Dogecoin as a "hustle" while playing a fictional financial expert in a "Weekend Update" segment.
Musk, who acquired Twitter in October 2022 and later rebranded it as X, currently has a net worth of $239.3 billion according to Forbes.
In today’s fast-paced environment, having quick and accurate access to your medical insurance information is essential for timely healthcare services. In the United Arab Emirates (UAE), verifying your medical insurance status has been made simple through the use of your Emirates ID. This process is designed to streamline your healthcare experience and reduce unnecessary administrative burdens.
Ways to Check Medical Insurance Status with Emirates ID
There are several convenient methods to check your medical insurance status using your Emirates ID:
The Importance of Verifying Your Medical Insurance Status
Regularly checking your medical insurance status is important for several reasons:
Step-by-Step Guide to Checking Your Health Insurance Status with Emirates ID
Here’s a simple guide to help you check your medical insurance status:
Advantages of Linking Emirates ID with Health Insurance
Linking your Emirates ID with your health insurance brings several benefits:
FAQs: Emirates ID and Health Insurance
Here are some common questions related to using your Emirates ID for health insurance:
Amazon, one of the world's largest e-commerce giants, faces a £2.7 billion lawsuit in the United Kingdom, accused of abusing its dominant market position. The lawsuit, filed in London's Competition Appeal Tribunal, alleges that Amazon has been engaging in anti-competitive practices that stifle competition and harm consumers.
The Basis of the Lawsuit
Solicitor Julie Hunter claims that Amazon unfairly promotes its own products over those of third-party sellers by manipulating its platform. She alleges Amazon uses its market dominance to prioritize its products in search results and prominently feature them in the "Buy Box," where customers can quickly add items to their carts. Hunter argues that these practices disadvantage third-party sellers, limit consumer choice, and lead to higher prices, ultimately restricting competition and stifling innovation.
Impact on Consumers and Competition
The lawsuit comes amid rising concerns about the power of major tech companies, particularly in how they manage their platforms and treat competitors. Amazon has faced similar scrutiny from regulators and lawmakers in the EU and the US. However, this UK lawsuit is one of the most significant challenges Amazon has encountered regarding its market practices in Britain. The complaint points to Amazon's dominance in online retail, where third-party sellers depend on Amazon to reach customers while competing against its own products, raising concerns about conflicts of interest and anti-competitive behavior.
Legal and Economic Ramifications
Once after the judgement , the £2.7 billion lawsuit could set a precedent for how online marketplaces in the UK handle third-party sellers. This case might lead to changes in Amazon's business practices, including product prioritization and marketplace transparency. A ruling against Amazon could encourage more lawsuits from consumers and sellers globally, prompting tighter regulations and oversight of tech giants and pushing Amazon to adapt its market strategies to ensure fair competition and consumer protection.
Amazon's Response
Amazon has stated it will strongly defend against the lawsuit, claiming its services benefit both consumers and sellers. The company highlights that third-party sellers make up over half of the items sold on its platform, providing opportunities for small businesses. An Amazon spokesperson said, "We believe these claims are without merit. Amazon aims to offer the best customer experience, wide selection, low prices, and fast delivery. We support our sellers and are committed to working with regulators to address concerns."
A Broader Global Context
This UK legal action is part of a global movement to hold big tech accountable for market behaviour. Calls for antitrust actions and stricter regulations have grown, with the European Union introducing the Digital Markets Act to ensure fair competition and prevent market abuse by dominant digital players. The outcome of this case could set a precedent for regulating e-commerce platforms and lead to further scrutiny and legislative measures to promote fair and competitive digital markets.
The £2.7 billion lawsuit against Amazon in the UK marks a significant chapter in the ongoing debate over the market power of tech giants and their responsibilities towards consumers and competition. As the case progresses, it could have far-reaching implications for the future of e-commerce, potentially reshaping the rules of engagement in the digital marketplace and ensuring a level playing field for all participants.
The writer Sunil Ambalavelil is the Principal Partner at the Dubai-based NYK Law Firm.
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In a groundbreaking decision, a Dubai court has recognized cryptocurrency as a legitimate form of salary payment. This move marks a significant shift towards modernizing financial systems in the UAE, reinforcing the country's reputation as a global leader in embracing cutting-edge financial technologies.
Current Payment Systems in the UAE
Traditionally, salaries in the UAE are paid in the local currency, AED, through conventional banking systems under the Wage Protection System (WPS). This ensures timely payment and compliance with local labour laws. However, with the rise of fintech solutions, digital and contactless payments are becoming more popular, and blockchain technology is increasingly adopted by government entities for enhanced security and transparency.
Benefits of Cryptocurrency for Salary Payments
Regulatory Compliance
The UAE has already established a regulatory framework for crypto activities through the Dubai Virtual Asset Regulatory Authority (VARA). Businesses paying salaries in crypto must adhere to local regulations, including anti-money laundering and reporting standards, ensuring a secure and compliant financial environment.
The Future of Crypto in the UAE
This decision positions the UAE as a leader in blockchain and fintech innovation, paving the way for increased crypto adoption across various sectors. It also enhances the UAE's appeal as a destination for tech talent and global fintech companies. The official recognition of crypto salaries can drive new financial services, such as crypto-backed loans and investment options, contributing to a more diverse and robust financial ecosystem.
The recognition of cryptocurrency as a valid salary payment method is a major milestone for the UAE's financial landscape. It underscores the country's commitment to innovation and sets a precedent for other nations considering similar moves. As the UAE continues to embrace blockchain and digital currencies, it is poised to lead the way in the global fintech revolution.
(The writer is an Associate specializing in Crypto and Employment Law at The Law Reporters)
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The UAE is set to launch a two-month visa amnesty starting this Sunday, offering a golden opportunity for individuals with expired visas to rectify their status or leave the country without facing fines.
Who is Eligible?
The amnesty applies to various groups:
Residents: Those whose residency visas have expired and are now staying in the country illegally.
Visitors: Individuals who overstayed their visit visas.
Children: Born in the UAE, whose parents did not secure residency visas for them.
Workers: Those who have fled from their sponsors.
However, the amnesty does not extend to:
Individuals who entered the UAE illegally.
Those who violated visa rules or fled from their sponsors after September 1.
Individuals previously deported from the UAE or other GCC countries.
Duration and Oversight
The amnesty begins on September 1 and runs for two months. It is managed by the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP). According to Maj Gen Suhail Saeed Al Khaili, head of ICP, this initiative enhances the UAE's commitment to human rights by providing an opportunity for violators to correct their status or safely exit the country.
Where to Apply?
Amnesty applications can be submitted at designated centers across the UAE:
Abu Dhabi: ICP centers in Al Dhafra, Sweihan, Al Maqam, and Al Shahamah, as well as recognized private typing centers.
Dubai: Amer service centers and the Al Awir center for immigration violators.
Other Emirates: ICP centers are available throughout the country.
Service centers will operate daily from 8 AM to 8 PM during the amnesty period.
Cost and Benefits
There is no cost to change your visa status or obtain an exit permit. Fines previously incurred will be waived, and the exit permit, valid for 14 days, allows individuals to leave the country without being added to a banned list. After 14 days, fines will be reinstated if the individual has not departed.
Special Considerations
Exit Permits: Those with expired residency visas can apply at any listed center. Visitors, however, must go to specific ICP centers in Abu Dhabi or Dubai.
Children: Parents of children without residency visas must obtain a passport or travel document for the child and either visit an amnesty center or apply online for an exit pass.
When Does the Amnesty End?
The amnesty is set to conclude on October 31, though previous initiatives have seen extensions. The ICP emphasizes that this is a unique chance to regularize status or leave the country without incurring penalties.
The Importance of Visa Amnesty
Visa amnesties offer a lifeline to individuals living without proper documentation, often fearful of fines or jail time. This initiative helps the UAE maintain legal residency standards amidst a growing population and allows many to start anew, either in the UAE or back in their home country.
Understanding Visa Overstay Rules
As of October 2022, the financial penalty for overstaying a visa in the UAE is Dh50 ($13.6) per day. Residency visa holders have six months to leave or change their status once their visa expires or is cancelled. The amnesty provides relief for those exceeding this grace period.
Demand for Amnesty
Since the announcement on August 1, embassies of countries with large expatriate populations have been inundated with inquiries. Many missions are extending their hours and sending officials nationwide to assist individuals interested in resolving their visa issues or seeking new employment opportunities.
This visa amnesty represents a significant opportunity for thousands to ensure they remain on the right side of the law or to safely return home.
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If you're considering taking up a job in Dubai, it's crucial to understand the legal requirements surrounding residency and work visas. Here's a detailed overview of what you need to know:
Residency and Work Visa Requirements
In the UAE, foreign nationals are legally required to hold both a residency visa and a work permit to work in the country. The residency visa must be provided by an employer, a spouse, or another legal sponsor, and it is accompanied by a work permit issued by the employer.
Employer Responsibilities
The employer is responsible for initiating the residency visa and work permit process. The application for these documents must be made at the start of employment. It's important to note that it is illegal for employees to begin working without these documents, even if they are in a probationary period.
Legal Consequences
The UAE Federal Government enforces strict regulations regarding employment without proper documentation. Under Federal Decree Law No 7 of 2007, which amended the Immigration Law, employers face significant penalties for failing to obtain the necessary visas and permits. Fines for non-compliance have been increased from Dh10,000 to Dh50,000, and additional penalties can be imposed by the Ministry of Human Resources and Emiratisation.
For repeated offenses, fines can escalate, and in severe cases, criminal proceedings and deportation may be pursued against foreign company owners. UAE citizens involved in such practices may face imprisonment.
Employees working without a valid visa and work permit also face serious consequences, including fines, a labour ban, and potential imprisonment of up to one month, with the possibility of extension.
Risks of Working Without a Visa
Employers who instruct new employees to work without a visa are violating the law and exposing both themselves and their employees to significant risks. Working without the proper documentation leaves employees unprotected by labour laws and subject to legal penalties.
Advice for Prospective Employees
If an employer indicates that you should start work before obtaining a residency visa and work permit, this is a significant red flag. Such practices are illegal and can lead to severe consequences for both you and the employer. It is advisable to seek employment with a company that adheres to legal requirements and ensures that all necessary visas and permits are arranged before you commence work.
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Dubai's popular chocolate brand, FIX Dessert Chocolatier, has recently been targeted by a scam involving fake websites and unauthorised social media accounts selling their viral kunafa-stuffed chocolate bars.
In response, FIX Dessert Chocolatier issued a statement warning customers about these scams, clarifying that their products are sold exclusively through Deliveroo and that they have no official website, physical store, or authorised resellers.
This serves as a stark reminder to Dubai residents and visitors of the legal consequences of fraud and counterfeit operations in the UAE.
Below is an overview of the legal framework surrounding such activities and the penalties associated with them.
Legalities of Online Fraud and Counterfeit Sales in the UAE
In the UAE, online fraud, including the sale of counterfeit goods through fake websites and social media, is considered a serious criminal offence under the country's strict cybercrime laws.
The UAE government has enacted various regulations to safeguard consumers and businesses from such illegal activities.
Relevant Laws
UAE Cybercrime Law (Federal Decree-Law No. 5 of 2012): This law specifically addresses cybercrimes, including online fraud, identity theft, and the creation of fake websites.
It criminalises the use of technology to deceive others and steal their money or data. Setting up fake e-commerce sites or selling counterfeit products falls under this law.
Consumer Protection Law (Federal Law No. 15 of 2020): This law outlines the rights of consumers in the UAE and ensures that businesses are held accountable for any fraudulent practices. It prohibits the sale of counterfeit goods and imposes penalties on those who deceive customers.
Commercial Fraud Law (Federal Law No. 19 of 2016): This law regulates commercial fraud and aims to protect consumers and businesses from fake products and counterfeit activities. It includes provisions for harsh penalties for those engaging in fraudulent sales and misleading advertisements.
Penalties for Fraudulent Activities
Fines: Individuals or businesses found guilty of online fraud or the sale of counterfeit goods may face hefty fines, ranging from Dh250,000 to Dh1 million, depending on the severity of the offence.
Imprisonment: In addition to fines, violators can be sentenced to imprisonment for a period ranging from one year to several years, depending on the level of fraud and harm caused to consumers.
Business Shutdown and Licence Revocation: Companies involved in fraudulent activities can face business shutdowns, revocation of trade licences and public blacklisting.
Consumer Protection and Reporting
Consumers are encouraged to remain vigilant and only purchase products from verified platforms. In the event of encountering a scam, residents are urged to report the incident to the UAE Consumer Protection Department or the Dubai Police Cyber Crime Division.
With the UAE's strict legal framework, scammers can face significant legal repercussions for their actions. By adhering to official purchasing channels and reporting fraudulent activities, consumers can help maintain the integrity of Dubai's thriving marketplace.
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If you are employed by a company based in mainland Dubai, the provisions of Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 apply to your employment.
Under UAE law, either the employer or employee can terminate an employment contract by serving the required notice period specified in the contract.
Article 43(1) of the Employment Law states: "A party to an employment contract may terminate the contract for good cause, by giving the other notice in writing.
The employee shall perform their duties during the notice period agreed upon in the contract, provided the notice period is not less than thirty (30) days and not in excess of ninety (90) days."
However, the notice period can be reduced by mutual agreement between the employer and employee, while ensuring that the employee's salary and entitlements during the notice period are respected.
According to Article 43(2) of the Employment Law, "the Employment Contract shall continue in force throughout the Notice Period and expires with the expiry of the Notice Period.
The employee shall be entitled to their full salary for such period on the basis of their last salary and shall perform their work if the employer so requests."
This brings us to the concept of garden leave. During garden leave, an employee remains employed and is on the payroll but is asked to stay away from the office and refrain from performing any work.
This typically happens after an employee resigns or is terminated. Even though you are not working, you are still entitled to receive your salary and benefits during this period.
If your employer has placed you on garden leave during your notice period, you should obtain written confirmation to prevent any future complications. This confirmation ensures that your employer cannot later accuse you of abandoning your work.
Article 28(1)(a) of Cabinet Resolution No. 1 of 2022 highlights that an employer can report an employee as abscoding if they have been absent for more than seven consecutive days without informing the employer.
If you have further concerns, it is advisable to consult with the Ministry of Human Resources & Emiratisation (MoHRE) or seek legal counsel in the UAE to ensure you are protected throughout this process.
What is Garden Leave?
Garden leave is a protective measure often used by employers during an employee's notice period. Though the employee is still under contract and continues to receive their salary and benefits, they are required to stay away from the office and are not permitted to work elsewhere during this period.
Employers implement garden leave to mitigate risks, such as the potential leaking of sensitive information or sabotaging client relationships.
During garden leave, employees are typically cut off from accessing the company’s data or premises and may be prohibited from contacting colleagues, clients, or suppliers. This practice helps to protect the employer's business interests until the employee’s departure is finalised.
Though commonly associated with the UK, Australia and New Zealand, garden leave can also be seen in the UAE, particularly in industries where proprietary information or client relations are critical to business success.
In conclusion, while you are on garden leave, you remain entitled to your salary and benefits. Be mindful of the terms set by your employer and ensure all agreements are documented in writing to safeguard your rights.
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Unauthorised transactions on credit cards can be distressing, particularly when they occur without any negligence on the part of the cardholder.
In the UAE, hacking e-payment transaction apps or websites is a serious criminal offence, punishable by imprisonment and fines ranging from Dh200,000 to Dh2 million.
This is stipulated under Article 15 of the Federal Decree Law No. 34 of 2021, which addresses hacking and cybercrimes related to e-payment instruments.
According to the law, severe penalties are imposed on individuals or groups involved in forging, cloning, or copying credit cards, debit cards, or any e-payment instruments.
The same penalties apply to those who design or use software with the intent to facilitate such criminal activities.
Additionally, unauthorised use of these instruments, or knowingly accepting forged or illegally obtained cards, is punishable under this law.
In the UAE, financial institutions have a duty to educate their customers about financial crimes, as per Clause 6.2.2.6 of the Consumer Protection Regulation issued by the Central Bank of the UAE.
This regulation mandates that licensed financial institutions conduct sufficient consumer awareness activities to help protect consumers from financial crimes.
Moreover, banks must maintain up-to-date security systems and be prepared to adopt new cybersecurity strategies as necessary. This ensures that they can effectively combat evolving threats, as outlined in Clause 6.2.2.5 of the same regulation.
When it comes to compensating customers for financial losses, banks are generally required to do so if the loss is due to financial crimes, cyberattacks, or the misuse of assets and information.
However, banks are not liable if the loss is due to gross negligence or fraudulent behaviour on the part of the customer, as stated in Clause 6.2.2.4 of the Consumer Protection Regulations.
For customers who have been cautious and can provide evidence that the unauthorised transactions were not due to their negligence, the bank may be obligated to compensate them for the loss.
A formal complaint should be filed with the bank, which would then conduct an investigation into the matter. Additionally, the customer may need to file a police report and provide transaction details and evidence.
If the bank's resolution is unsatisfactory, the complaint can be escalated to the Central Bank of the UAE.
In summary, while banks in the UAE are responsible for safeguarding their customers against financial crimes, they may not be liable for losses that result from the customer's own negligence or fraudulent actions.
However, in cases where the customer has acted responsibly, the bank could be required to compensate for any unauthorised transactions.
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Recent changes in intellectual property (IP) laws across several Gulf Cooperation Council (GCC) countries are transforming the landscape of patents, industrial designs and trademarks.
These amendments aim to streamline procedures and bolster the protection of IP rights. Below is an overview of the latest IP regulatory developments in Saudi Arabia, the United Arab Emirates (UAE), and Qatar.
Saudi Arabia: Extended Design Protection
Saudi Arabia has made significant updates to its Patent and Industrial Design Law through Royal Decree No. (M/45), dated September 25, 2023, and effective from October 3, 2023. One of the notable changes is the extension of the design protection period from 10 years to 15 years.
This extension particularly benefits designs registered in 2013, as they now qualify for an additional 5-year protection period upon payment of the required fees.
Furthermore, the Saudi Authority for Intellectual Property (SAIP) has modified its approach to rejected trademark applications.
Previously, applicants had the option to amend rejected trademarks within a 10-day grace period or appeal the rejection. Under the new policy, the only recourse available to applicants is to appeal the rejection decision.
United Arab Emirates: New Regulations and Patent Platform Launch
In November 2023, the UAE Cabinet issued Ministerial Decision No. 112 of 2023, which introduced revised official fees for patent applications, utility models, and industrial design applications.
These changes amend the official fees associated with Federal Law No. 11 of 2021. The introduction of new regulations and a new Patent Platform has significantly improved the patent registration system in the UAE.
For annuities, applicants for national, partial, and transferred applications (based on PCT Applications) are now required to pay any outstanding annuities within 90 days of completing the legal examination, rather than from the filing date.
Importantly, applicants must ensure all formalities are met for their application to be accepted before any annuity payments become due. This ensures that the correct fees are paid based on the benefits granted during the legal examination.
Qatar: Adoption of GCC Trademarks Law
On June 18, 2023, Qatar's Minister of Commerce and Industry issued Decree No. 56 of 2023, adopting the GCC Trademarks Law.
This decree includes a fee increase for trademark services, effective from 10 August 2023. The adjustment aims to align Qatar's trademark services with regional standards and enhance the overall efficiency and protection of trademarks.
These updates represent a significant effort by GCC countries to strengthen their intellectual property frameworks, providing better protection and efficiency for businesses and innovators. Staying informed about these evolving regulations is essential for stakeholders to navigate the IP landscape effectively.
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If you recently sponsored a family member on a visit visa to Dubai, you may have paid a refundable security deposit.
Once your family member exits the UAE or changes their visa status, you are eligible to claim this deposit.
Below is a step-by-step guide on how to apply for a refund, including the necessary requirements, documents, and process as outlined by the General Directorate of Residency and Foreigners Affairs – Dubai (GDRFAD).
Service Overview
This service is available to visitors, UAE residents, GCC residents, GCC nationals and UAE nationals who wish to request a refund for the security deposit paid during the visa application process.
Steps to Apply for a Refund
Step 1: Register/Use UAE Pass
Begin the process by registering or logging in with your UAE Pass.
Step 2: Submit the Application and Pay Fees
Access the GDRFA Dubai website or app and fill out the refund application form with the required details. Pay any applicable fees.
Step 3: Receive Your Refund
Upon successful submission and verification, the refund will be processed and credited to your bank account.
Requirements and Limitations
Eligibility: You can only apply for the refund after your family member has either exited the UAE or changed their visa status.
Refundable Fees: Only the service issuance fees are refundable; application and electronic service fees are non-refundable.
Required Documents
To successfully apply for a refund, ensure you have the following documents:
* Original valid passport
* Original valid residency permit
* Registration form confirming the amount paid
* Copy of the valid ID card
* Bank certificate indicating your account number and IBAN
Customer Journey
Accessing Service Information: Service details can be obtained through the GDRFA call centre, smart application, official website, customer happiness centres and other approved communication channels.
Submitting Your Request: Refund requests can be submitted via the GDRFA website, mobile application, customer happiness centres, or typing centres. Ensure that all required documents are uploaded, and pay any associated service fees.
Communication and Updates: Applicants will receive notifications through text messages or emails, informing them of the status of their refund request.
Receiving the Refund: Once the refund process is completed, you will receive a notification confirming the deposit refund.
By following these steps and ensuring you have all the required documents, you can obtain your security deposit refund from GDRFA Dubai.
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In the UAE's rapidly evolving real estate market, tenants often face the challenge of rising rents, sometimes in properties where the quality of maintenance has significantly declined.
This dilemma is particularly pressing in cases like that of a long-term Dubai resident who has lived in the same three-bedroom apartment since 2009.
Despite consistent rent hikes, the condition of the building, primarily used for commercial purposes, has deteriorated over time.
This decline in maintenance has left tenants, such as a long-term Dubai resident who has lived in the same three-bedroom apartment since 2009, questioning whether they can dispute these increases based on the poor upkeep of the property.
Consider, for instance, the resident whose rent was originally Dh100,000 in 2020. The impact of Covid-19 led to a temporary reduction to Dh90,000 in 2021.
However, as the economy began to recover, the rent started climbing again -- Dh92,250 in 2022, Dh98,000 in 2023, and Dh107,000 in 2024 -- resulting in a 15 per cent increase over two years.
This financial burden has been compounded by a decline in the building's upkeep.
Amenities such as the gym and swimming pool are non-functional, and issues including broken air conditioning, a damaged roof, uncleaned common areas, insect infestations, and a lack of security have become common.
The tenant's repeated requests to maintain the rent at previous levels have been ignored, with management pushing forward with increases despite the building's deteriorating condition.
For tenants facing similar situations in the UAE, the decision to stay or move becomes critical.
While relocating to a better-maintained property might involve higher rent, the improvement in quality of life could be worth the extra cost.
However, for those who choose to stay, disputing further rent increases is an option. The Dubai Land Department's Rental Dispute Centre (RDC) offers a platform for tenants to challenge these hikes, although the outcome is not guaranteed.
The Dubai Land Department's rental index is a key factor in determining rent increases, yet it does not account for the state of a building's maintenance or the availability of amenities.
This means that even if a tenant presents a strong case, a judge may still side with the landlord if the increase aligns with the index.
Tenants must, therefore, carefully consider the trade-off between accepting a rent hike in a poorly maintained property or pursuing a potentially uncertain legal challenge.
Weighing the Options: Stay or Move?
For tenants in similar predicaments, the decision to stay or relocate is critical. Moving to a better-maintained property might mean paying more, but it could offer a significant improvement in quality of life.
Conversely, those choosing to stay should consider legal action, though it comes with no guarantees. The Dubai Land Department's rental index, which guides rent increases, does not account for a building's maintenance or amenities, making it uncertain whether a judge would rule in favour of the tenant.
Key Considerations for Tenants
In these situations, tenants must continue paying rent for any duration they remain in the property to avoid complicating legal proceedings.
Clear communication with the landlord is also advisable, though it may lead to tense interactions.
The outcome of any legal dispute will ultimately rest with the judge, and tenants should be prepared to act swiftly following a judgement.
If the decision is unfavourable, an appeal remains an option. Navigating rent disputes and notices to vacate requires tenants to be vigilant, legally informed, and prepared to act decisively.
Whether dealing with poor maintenance, unexpected rent hikes, or legal notices, the key is to balance financial considerations with the quality of living and to understand the legal avenues available for protecting one's rights.
In the competitive UAE property market, these decisions are not just about economics but about ensuring a living environment conducive to well-being and peace of mind.
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The Ministry of Human Resources and Social Development (MHRSD) has announced plans to coordinate with the Ministry of Investment of Saudi Arabia (MISA) to address concerns regarding a draft scheme that proposes dividing work permits into three categories based on skill levels.
The MHRSD confirmed that it is finalising the scheme, taking into consideration the key feedback and observations received from various stakeholders.
In June 2024, the MHRSD, through Istitlaa -- the National Competitiveness Centre’s unified electronic platform for public consultation -- introduced a draft amendment to the executive regulations of the Labour Law.
The proposed scheme aims to categorize work permits and visas into three skill levels: highly skilled, skilled, and basic. The ministry invited the public and relevant entities to provide their feedback before finalising the scheme.
In its response, MISA expressed concerns that the scheme might impact the investment environment and emphasized the need to consider the interests of both local and foreign investors.
MISA highlighted the importance of analysing the current situation, conducting detailed benchmarking, and assessing the impact on related systems, as well as ensuring compliance with international obligations.
Additionally, MISA stressed the necessity of studying the financial implications, business practices, and the potential effects on small and medium enterprises.
The ministry also called for a review of directives from the highest authorities to ensure the scheme’s alignment with broader national interests.
In response to MISA's concerns, the MHRSD highlighted that the scheme is grounded in a comprehensive study of the financial, economic, and legislative impacts, including those on the labor market and various establishments.
A benchmark comparison with global best practices indicated that the classification of visas and work permits for expatriates would not significantly harm the investment environment.
The HR ministry added that the proposed scheme is expected to aid commercial establishments in attracting appropriately skilled workers, which would positively influence the overall business environment, including the investment climate.
The MHRSD plans to provide MISA with a summary of the study supporting this conclusion.
The MHRSD also noted that the proposal to categorise work visas by skill levels was presented to the Labor Market Policies Committee in 2021, where it received praise.
Furthermore, small companies with fewer than 20 employees will be exempt from certain policies under the new recruitment system.
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As Dubai's status as a global business and technology hub expands, the threat of phishing has surged, creating significant risks for both residents and businesses.
This article examines the rising phishing landscape in Dubai, reveals common tactics employed by cybercriminals, and offers practical tips to help you stay secure in this increasingly perilous digital environment.
Escalating Threat
Phishing attacks have dramatically increased in Dubai, reflecting a broader global trend in cybercrime. The UAE Cyber Security Council has raised alarms over this surge, particularly as public sector entities in the UAE fend off approximately 50,000 cyberattacks daily.
A mid-2023 report by cybersecurity firm Acronis highlighted a 464 per cent spike in phishing incidents across the MENA region, with Dubai witnessing a particularly sharp rise.
The sophistication of these attacks is evolving, with cybercriminals deploying more cunning methods to deceive their victims.
In the second quarter of 2023, phishing emails in the UAE surged by 77 per cent, with scammers frequently impersonating reputable organisations or using urgent language to deceive recipients into disclosing sensitive information.
This alarming trend highlights the critical need for heightened cybersecurity awareness and stronger protective measures.
Common Tactics in Dubai
Phishing attacks in Dubai are becoming increasingly sophisticated, exploiting human emotions and behaviours. Here are some of the most prevalent tactics used by scammers:
Impersonation of Legitimate Entities: Attackers often mimic trusted organisations like Dubai Police, local banks, or government agencies to create a sense of authenticity. They send emails or SMS messages that appear official, urging recipients to click on malicious links or provide personal information.
Urgency and Fear Tactics: Scammers commonly use urgent language, claiming that immediate action is needed to avoid severe consequences, such as account suspension or legal trouble. This pressure can cause victims to act hastily without verifying the authenticity of the message.
Spear Phishing and Whaling: These targeted phishing methods involve customised messages aimed at specific individuals or high-profile targets, such as corporate executives, to bypass security filters and gain access to sensitive information.
Smishing and Vishing: Phishing isn’t limited to emails. Attackers also use SMS (Smishing) and voice calls (Vishing) to deceive victims into sharing personal details or making payments under false pretences.
Recognising Phishing Attempts
Identifying phishing attempts requires vigilance and a keen eye for detail. Here are some common signs:
* Suspicious Email Addresses: Always verify the sender’s email address for any inconsistencies or misspellings.
* Generic Greetings and Urgent Language: Phishing emails often use non-personalised greetings and create a false sense of urgency to provoke quick responses.
* Unfamiliar or Suspicious Links: Hover over links before clicking to check the actual URL. If it looks unfamiliar or doesn’t match the supposed source, don’t click it.
* Spelling and Grammar Errors: Many phishing messages contain subtle errors in spelling and grammar, which can be red flags.
Other Methods Targeting Dubai Residents
Phishing schemes in Dubai extend beyond emails to other forms of communication:
* Fake Police Calls: Scammers impersonate Dubai Police, threatening legal action unless the victim provides personal information or makes payments.
* Social Media Phishing: Fraudsters use fake profiles or hijacked accounts to send phishing messages through social media platforms, often impersonating friends or official entities.
* Watering Hole Attacks: Cybercriminals compromise websites frequented by specific groups, infecting them with malware designed to steal visitors' data.
Dubai’s authorities have been proactive in combating phishing and other cybercrimes. The Dubai Police frequently issue warnings and have launched public awareness campaigns to educate residents about phishing dangers.
Additionally, the UAE Cyber Security Council plays a critical role in coordinating national efforts to secure the country’s digital infrastructure, including blocking scam websites and strengthening cybersecurity laws.
Despite these efforts, challenges persist. Scammers often create fake websites that mimic legitimate entities, using black hat SEO techniques to manipulate search rankings and appear at the top of search results.
The use of HTTPS domains by scammers further complicates efforts to identify and take down these fraudulent sites.
How to Protect Yourself
Staying safe from phishing requires a combination of awareness and proactive measures. Here are some key tips:
* Use Reliable Security Software: Ensure you have up-to-date antivirus software that can detect and block phishing attempts.
* Be Cautious with Unsolicited Messages: Treat unexpected emails, SMS, or social media messages with scepticism, especially those that request personal information.
* Verify Sources: If you receive a message claiming to be from a trusted organisation, contact them directly using official channels to confirm its legitimacy.
* Enable Two-Factor Authentication (2FA): Strengthen your online accounts by enabling 2FA, adding an extra layer of security.
* Educate Yourself and Others: Stay informed about the latest phishing tactics and share this knowledge with friends and family to prevent scams.
If you suspect you’ve fallen victim to a phishing attack in Dubai, take immediate steps to mitigate the damage:
Report the Incident: Contact Dubai Police via their cybercrime reporting platforms or call the emergency number.
Notify Your Bank: If financial information was compromised, inform your bank immediately to prevent unauthorised transactions.
Change Passwords: Update the passwords for your online accounts, especially those that may have been compromised.
Monitor Your Accounts: Keep a close eye on your bank accounts and online profiles for any suspicious activity.
Conclusion
Phishing remains a significant threat in Dubai, with cybercriminals constantly refining their tactics. However, by staying informed, vigilant, and taking proactive measures, residents can protect themselves from falling prey to these scams.
Remember, education and awareness are your best defences against phishing attacks.
(The writer is a Senior Associate at the Dubai-based NYK Law Firm)
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As the insurance landscape evolves, so does the regulatory framework designed to ensure transparency, fairness and consumer protection.
The Insurance Broker Regulations 2024 (New Regulations) introduce significant changes that will impact brokers, insurers and consumers alike.
The Central Bank of the United Arab Emirates (CBUAE), as the insurance regulator, has issued the New Regulations, which abrogate the Resolution No. 15 of 2013 concerning the insurance brokerage regulations.
The Insurance Authority Director General Decision No. 58 of 2013 concerning the implementation of the aforementioned Resolution No. 15 of 2013, and the Insurance Authority Work Guide of the Internal Controller at Insurance Brokerage Companies.
Key Changes in the New Regulations
Enhanced Disclosure Requirements: One of the most notable changes is the heightened emphasis on transparency. Insurance brokers are now required to provide more detailed disclosures about their remuneration and any potential conflicts of interest.
This includes clear information on how they are compensated by insurers and any incentives that may influence their recommendations.
Strengthened Consumer Protection Measures: The New Regulations introduce more stringent measures to safeguard consumers.
Brokers must now ensure that all advice given is in the best interest of the consumer, taking into account their specific needs and financial situation.
This includes a comprehensive assessment of the consumer’s insurance requirements and a thorough explanation of all policy terms and conditions.
Mandatory Professional Development: To maintain high standards in the industry, the New Regulations mandate ongoing professional development for brokers.
This includes regular training and certification updates to ensure that brokers remain knowledgeable about industry changes, emerging risks and new products.
Improved Complaint Handling Procedures: The regulations stipulate that brokers must have robust complaint handling procedures in place.
This includes a clear process for consumers to raise concerns and for brokers to address and resolve complaints efficiently. Brokers are also required to keep detailed records of complaints and their resolutions, which will be subject to regulatory review.
Increased Regulatory Oversight: Regulatory bodies will now have greater powers to oversee and enforce compliance with the New Regulations. This includes more frequent audits and reviews of broker practices.
Brokers should be prepared for increased scrutiny and ensure that their operations and practices are fully compliant with the updated standards.
Bank Guarantee: Brokers established in the free zones are now required to furnish a bank guarantee of up to Dh5 million in addition to maintaining the minimum capital requirements.
What Consumers Should Know
For consumers, the New Regulations mean increased protection and transparency. When working with insurance brokers, consumers can expect clearer information about the products and services being offered, as well as more detailed explanations of any associated costs.
Conclusion
The New Regulations mark a significant shift towards greater transparency and consumer protection in the insurance industry. While these changes will require adjustments from brokers, they ultimately aim to enhance the overall consumer experience and ensure fair practices within the industry.
Staying informed and prepared will be key for brokers to navigate these new requirements successfully and continue to deliver value to their clients.
(The writer is an insurance expert at Dubai-based NYK Law Firm)
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Motorists in the UAE can have four black points removed from their driving records by following traffic rules on the first day of the new academic year.
To qualify, drivers must sign a six-point pledge online and avoid accidents on August 26, as students return to school after the summer break.
Conditions for Black Points Reduction
* Sign the pledge on the Ministry of Interior's website. You will need your UAE Pass to log in and sign.
* Avoid traffic violations or accidents on August 26 to qualify.
Pledge Details
The pledge includes the following six key traffic rules:
* Maintain a safe distance from the vehicle in front.
* Prioritise pedestrians at crossings.
* Always wear a seatbelt.
* Adhere to speed limits.
* Avoid using a handheld mobile phone while driving.
* Yield to emergency vehicles, police, public service vehicles, and official convoys.
A certificate of participation will be sent to the motorist’s email after signing the pledge.
If all conditions are met, four black points will be removed from the driving licence on September 14. This process is automatic.
Black points are penalties for serious traffic violations, with the number depending on the severity of the offense. For example, reckless driving incurs a Dh2,000 fine and 23 black points, while not wearing a seatbelt results in a Dh400 fine and four black points.
Accumulating 24 black points within a year leads to a driving licence suspension.
Brigadier Hussein Ahmed Al Harithi, chairman of the Federal Traffic Council, explained that the campaign aims to "foster a culture of responsible driving."
This collective effort is "essential" for creating a safer traffic environment and serves as an incentive to encourage traffic safety throughout the year.
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In Dubai's fast-paced lifestyle, hiring domestic help has become increasingly common as residents strive to balance work and home responsibilities.
It's crucial to understand the process of employing domestic workers and be aware of the necessary steps to take if they go missing.
When hiring domestic help in the UAE, ensure that you apply for their work permit through the Ministry of Human Resources and Emiratisation (MoHRE).
The provisions of Federal Decree No. 9 of 2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022 Pertaining to the Executive Regulations of Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers are applicable.
Employers’ Duties Towards Domestic Workers
* Provide the necessary resources for the agreed-upon work.
* Ensure decent and liveable accommodation for the domestic worker.
* Cover the cost of medical treatment as per state health rules; it is advisable to obtain medical insurance for your domestic helper.
* Treat the worker with dignity and ensure their safety.
* Prevent workers from engaging with third parties or working without proper authorisation.
* Do not assign workers to different professions without their consent and in compliance with the law.
* Ensure that workers retain their personal documents, such as passports and Emirates IDs.
* Do not receive any sums or remuneration not stipulated by law or contract.
* Report any violations by the worker to the Ministry and comply with their requests.
* Ensure that payment is transferred to their account, avoiding cash payments.
Despite your best efforts to care for your domestic worker, they may still leave without informing you. In such cases, it is your responsibility to report the incident. Here is how you can file an absconding report against your domestic worker:
What to Do if a Maid Absconds
The sponsor of the maid must file a complaint with the Department of Residency and Foreigners Affairs. Failure to do so could result in a fine of up to Dh50,000 or legal action once the maid is apprehended.
What Happens When the Absconded Maid is Caught?
Once apprehended by the authorities, the maid will not only be deported from the UAE but will also be subjected to interrogation to identify the sponsor and any individuals who may have employed them after they absconded.
How to File an Absconding Worker Complaint
MoHRE’s Mobile App “MOHRE UAE”: Use the mobile app for efficient complaint processing.
Recruitment Offices: Report the absconding worker at recruitment offices for assistance.
Tawseel Vehicle – Mobile Service Desk: Utilise the mobile service desk for convenient, doorstep service.
MoHRE’s Website – mohre.gov.ae: File a complaint online for a comprehensive, documented process.
To effectively navigate the complaint filing procedure, follow these steps:
*Select the “Registering a Domestic Labour Complaint” Service: Begin by choosing this specific service.
* Specify Applicant Type and Work Permit Number: Provide essential details for accurate documentation.
* Enter Complaint Details: Clearly outline the complaint details for a comprehensive submission.
* Add Attachments if Needed: Include relevant attachments to support the complaint.
* Use the Labour Unified Number: Include this identifier for tracking and processing.
Processing Time
According to the MoHRE website, complaints are typically processed within 14 working days, ensuring a timely resolution.
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Have you recently received a Salik fine and are unsure why? If you believe you were wrongly charged, you can file a dispute and potentially receive a refund if the fine has already been paid. Here’s how you can efficiently contest a Salik fine using three simple methods.
Understanding Salik Violations
According to Salik, a violation occurs when a vehicle passes through a toll gate without a valid tag, with an unregistered tag, or with insufficient funds in the Salik account.
This also includes failing to activate or recharge your Salik account. If you believe you have a valid case with supporting evidence, here are three ways to contest a Salik violation:
Through the Salik Website
You can dispute your fines through the Salik website via a straightforward process:
Visit the Salik website: salik.ae.
* Navigate to the ‘Violations and Disputes’ section on the homepage.
* Enter your car number plate details and click the ‘Search’ button to view the fines registered against your vehicle.
* Select the fine you want to dispute.
* Provide your traffic file number and details of the dispute, including the time and location as mentioned in the fine description, and the reason for filing the dispute.
* Submit the application. You will receive an application reference number instantly.
The dispute request is forwarded to the violations department for investigation, which can take up to 15 days. The final status will be communicated via SMS, either approving or rejecting the dispute.
Through Mobile Apps
Several mobile apps allow you to file a Salik dispute conveniently:
Smart Salik App:
Open the app and go to ‘Violations and Disputes’.Enter your car number plate details.Select the violation and fill in the application form with the necessary details and evidence.Submit the case application.
Dubai Drive App:Open the app and log in with your UAE Pass account.Navigate to the ‘Salik’ category and select ‘Violations and Disputes’.Enter your car number plate details, view the fines, and select the violation to dispute.
Dubai Now App:Open the app and log in with your UAE Pass.Select the ‘Driving’ category, then ‘Salik Accounts’.View your vehicle and Salik account details.Navigate to ‘Violations and Disputes’ and file the dispute.
Through the Salik Call Centre
You can also contact the RTA's call centre:
* Call the toll-free number 80072545.
* A customer service agent will process your request and create a dispute. You will receive an SMS with the dispute reference number.
Similar to the website process, the request will be forwarded to the concerned department, and the investigation may take up to 15 days. The final status will be communicated via SMS.
Important Information
Disputing fines is free of charge through all mentioned channels. If the dispute is approved and the fine has been paid, it will be cancelled from the system, and the amount refunded. To receive the refund, fill out an electronic refund form at any customer happiness centre.
Types of Violations
* Unregistered Plate Violations (URP): If a vehicle passes through a gate without registering the number plate within 10 working days of the toll trip. The fines escalate with each day of non-compliance, starting from Dh100 on the first day to Dh400 for subsequent violations.
* Insufficient Funds Violation (IPV): If a motorist passes through a toll gate with insufficient funds in their Salik account. The fine is applied five days after the trip.
Disputing a Salik fine is a structured and accessible process, whether through the website, mobile apps, or the call centre.
By following these steps, motorists can ensure their disputes are handled efficiently, and any erroneous fines can be corrected promptly.
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The Government of the UAE has issued a Federal Decree-Law amending certain provisions of the Federal Decree-Law on Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organisations.
As part of the ongoing development of the legislative and legal framework, this decree seeks to enhance the legal structure that supports the efforts of the country’s relevant authorities in combating financial crimes.
It also aims to strengthen the UAE's technical compliance with international recommendations and treaties on these matters.
Furthermore, the decree aligns with the national strategy launched to safeguard the local financial ecosystem by implementing pioneering standards to counteract crimes that negatively impact national economies.
The amendments include the establishment of the National Committee for Anti-Money Laundering, Combating the Financing of Terrorism, and Financing of Illegal Organisations, to be formed by a Cabinet decision.
They also provide for the creation of the Supreme Committee for the Oversight of the National Strategy for Anti-Money Laundering and Counter-Terrorism Financing. A Cabinet decision will outline its formation and operating regulations.
According to the decree, the Supreme Committee will be responsible for studying, overseeing, and assessing the effectiveness of strategies and measures implemented by the National Committee for Anti-Money Laundering, Combating the Financing of Terrorism and Financing of Illegal Organisations.
It will also define measures to be observed, set requirements for the National Committee and relevant entities, issue the necessary decisions in this regard, and monitor their implementation.
The new decree also stipulates the need for coordination between the National Committee and relevant entities, guiding and urging them to provide adequate support to the National Committee to facilitate its performance and fulfil its duties.
This coordination is also intended to ensure that the National Committee can effectively oversee the development of the Mutual Evaluation Report, which assesses the country’s compliance with international standards on Anti-Money Laundering and Combating the Financing of Terrorism, and monitor their implementation.
Additionally, the decree mandates the establishment of a General Secretariat for the National Committee, headed by a Secretary-General.
The Secretary-General will also serve as the Vice-Chairperson of the National Committee and as a member of the Supreme Committee.
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The Abu Dhabi Judicial Department (ADJD) has introduced an express civil marriage service that enables couples to legally marry within 24 hours.
This service is available to both residents and tourists, offering a fast, convenient, and hassle-free marriage process. The express service can be accessed online or in person.
Background: Law No. 14 of 2021
The Abu Dhabi Government enacted Law No. 14 of 2021 Concerning Personal Status for Non-Muslim Foreigners. This law emphasises the importance of formalising marital relationships, aiming to protect the rights of both spouses and their children.
It provides a legal framework for civil marriages independent of religious laws, ensuring fair and consistent treatment for all parties involved.
What is a Civil Marriage?
Under Article 7 of the law, a marriage is classified as civil when it is conducted and officially recorded according to prevailing laws and regulations, without regard to religious laws.
This allows both UAE residents with Emirates IDs and non-residents to marry, including situations where one spouse is a resident and the other is a visitor.
Types of Civil Marriage
The ADJD offers two types of civil marriage services:
Standard Civil Marriage:
* The court schedules the date and time based on availability.
* The entire process takes between 2 to 3 weeks.
Express Marriage:
* Allows couples to select their preferred date and time for the ceremony.
* The process is expedited, taking 2 to 3 days.
Eligibility and Requirements for Civil Marriage
Couples must meet specific conditions and provide the required documents to apply for the fast-track marriage process. This express service is accessible to all, presenting a unique opportunity for UAE residents and tourists alike. To qualify, applicants must provide:
Passport copy
* UAE residence visa (if applicable)
* Emirates ID copy (if applicable)
* Active UAE PASS app (if applicable)
* Declaration of single status
* Completed marriage application form
* Proof of divorce, if applicable
* Death certificate of a former spouse, if applicable
* A fully completed and signed application form for civil marriage, with the 'Express' option marked
* A prenuptial agreement, though optional, can be presented by the couple
Application Process
The ADJD has simplified the application process with two methods:
Online Application:
* Access the official ADJD website: www.adjd.gov.ae.
* Sign in to your UAE Pass account (visitors can create one if necessary).
* Complete the online form with details of both parties.
* Attach the required documents, including the marriage application form.
* Pay the express service fee using a credit or debit card.
In-Person Application:
* Visit the ADJD typing centre or the Civil Family Court.
* Submit the completed marriage application form and necessary documents to the respective authorities.
The ADJD provides a step-by-step guide for those using the online application system to ensure clarity in the marriage process.
Step-by-Step Online Application Guide
Log into the ADJD Portal and Select the Civil Marriage Online Form
* Visit the official ADJD website: www.adjd.gov.ae/en/Pages/CivilFamilyCourt.aspx.
* Click on 'Marriage' and choose whether you are a UAE resident or a tourist.
* Log in with your UAE Pass account.
* Register a new case by selecting 'Civil Family Court Registration Requests (Marriage, inheritance, and wills)'.
* Select the region and branch (ADJD headquarters).
Fill Out the Application and Submit Documents Online
* Choose 'Non-Muslim Marriage' and then 'Premium Civil Marriage'.
* Fill in the online form with details of both parties.
* Verify the details from the UAE Pass account and upload the required documents, including the marriage application form.
Pay the Fee for the Express Service
* Verify the application details and pay the express service fee online with a credit or debit card.
Receive Approval and Set the Date and Time for the Wedding
* You will receive approval within 24 hours. Set a date and time via the online appointment system or the court will contact you to arrange it. Once confirmed, you will receive the appointment details by email. The wedding will take place at the Civil Family Court.
You will receive the marriage certificate at the end of the ceremony. According to the ADJD, the document must be notarised and attested by the UAE’s Ministry of Foreign Affairs (MOFA).
Tie the Knot via Video Call
The ADJD also offers the convenience of virtual civil marriage ceremonies through video conferencing. Once your marriage contract is finalised and digitally signed, you can choose between an in-person or online ceremony when booking your appointment.
Your certified marriage contract will be delivered to you electronically as soon as the ceremony is complete.
How Long Does the Process Take?
Your express civil marriage application will be processed by the ADJD within 24 hours (one working day).
Post-Ceremony Formalities
After the express civil marriage ceremony, couples must fulfil certain formalities to ensure their marriage is fully recognised and documented:
* Notarisation and Attestation: The ADJD marriage certificate must be notarised and attested by the UAE’s Ministry of Foreign Affairs (MoFA).
* Additional Documentation: Additional documentation may be required, such as a prenuptial agreement or legal translations of certain documents.
Ceremony Details
The ceremony takes place at the Civil Family Court in the ADJD main court building. The working hours are:
* Monday to Thursday: 9:00 AM to 1:30 PM
* Friday: 9:00 AM to 11:00 AM
The ceremony lasts about 15 minutes. Couples can exchange rings, include personal vows, and invite guests to the ceremony. Photographs and videos are permitted.
After the Ceremony
Standard Marriage: Marriage certificate issued within 3 days.
Express Marriage: Marriage certificate issued immediately after the ceremony.
To be valid outside the UAE, the marriage certificate must be attested by the Ministry of Foreign Affairs.
Fees
Standard Civil Marriage: Dh300
Express Civil Marriage: Dh2,500
Marriage/Pre-Nuptial Agreement: Additional Dh950
Conclusion
The express civil marriage service offered by the Abu Dhabi Judicial Department reflects the city’s commitment to providing efficient and innovative solutions for residents and visitors.
The streamlined application process and quick turnaround allow couples to begin their marital journey promptly, bypassing traditional delays and bureaucratic obstacles.
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The UAE Civil Transactions Law, Federal Law No. 5 of 1985, is the primary legal framework governing civil and commercial transactions in the United Arab Emirates.
It regulates contractual relationships, property rights, and tortious claims, combining traditional Islamic principles with modern legal standards.
While, the UAE Civil Procedure Law, established by Federal Decree-Law No. 42 of 2022, governs civil litigation procedures in the UAE. Replacing Federal Law No. 11 of 1992, it introduces updates for greater procedural efficiency and clarity.
Key Provisions of the UAE Civil Transactions Law
Contract Formation: Defines the essential elements for a valid contract, including mutual consent, lawful object and a legal cause.
Contract Interpretation: Emphasises interpreting contracts based on the parties' intentions rather than literal meanings.
Performance of Contracts: Addresses obligations and the requirement for good faith in fulfilling contractual duties.
Non-Performance and Remedies: Details remedies for non-performance, including claims for damages and specific performance.
Property Rights: Regulates ownership, transfer and related rights for real estate and movable property.
Obligations Arising from Torts: Covers liability for wrongful acts and compensation for damages.
Contracts for Sale: Governs the sale of goods, including contract formation, delivery, and handling defects.
Lease Agreements: Regulates lease contracts, outlining landlords' and tenants' rights and responsibilities.
Agency Agreements: Provides rules for agency relationships, including agents' authority and obligations.
Insurance Contracts: Details provisions for insurance contracts, including rights, obligations and claims processes.
Key Provisions of the UAE Civil Procedure Law
Jurisdiction: Defines the scope of UAE courts' jurisdiction for various civil cases.
Filing of Lawsuits: Details the process for initiating legal proceedings, including required documentation and procedural steps.
Service of Process: Outlines methods for serving legal documents, including service outside the UAE.
Evidence and Hearings: Regulates evidence presentation and court hearings, including standards for admissibility.
Judgment and Execution: Covers procedures for issuing and enforcing court judgments.
Appeals: Provides the framework for appealing judgments, including time limits and procedural requirements.
Interim Measures: Allows for temporary measures, such as injunctions or attachments, during litigation.
Costs and Fees: Addresses court costs and legal fees, including provisions for cost recovery.
Remote Proceedings: Introduces provisions for remote communication technologies to enhance accessibility.
Special Procedures: Defines specific procedural rules for certain case types, such as commercial or family law matters.
Overview of UAE Civil Transactions Law and UAE Civil Procedure Law
Contractual disputes in the UAE are primarily settled based on contract interpretation. UAE courts apply established principles found in Chapter 4 of the Civil Transactions Act (Civil Code) under "Construction of Contracts." The terms 'construction' and 'interpretation' are used interchangeably.
Federal Law 42 of 2022, the new civil procedure law, consolidates and replaces Federal Law No. 11 of 1992 and its executive regulations under Cabinet Resolution No. 57 of 2018. It came into effect on January 2, 2023.
Significant Changes Under the New Law
Service Outside the Jurisdiction: Article 11(2) mandates that service outside the jurisdiction must occur within 21 working days from the date the Ministry of Foreign Affairs sends the notice and/or documents to the diplomatic mission in the foreign country.
Cheques as Enforceable Instruments: Article 212 lists enforceable instruments, including judgments and settlement agreements. Article 143(2) confirms that cheques are enforceable instruments, aligning with Federal Law No. 14 of 2020, which decriminalized bounced cheques. Enforcement files for dishonored cheques can now be opened directly.
Court of Appeal: Articles 167(2) and (3) grant the Court of Appeal new powers to filter appeals, allowing for an 'in chambers' review and a 20-working-day period to issue a reasoned decision or set a hearing.
Appeals to Cassation: The time limit for cassation appeals is reduced to 30 days (previously 60). This applies only to cassations filed after January 2, 2023.
Objective or Subjective Method of Construction
In interpreting contracts, UAE judges may determine the parties' subjective intent or consider external acts objectively. Unlike common law traditions, which use a 'reasonable man' standard, the UAE Civil Transactions Act uses a subjective test to ascertain the parties' real intentions.
Rules of Construction
Plain Expressions: If a contract's expression is clear and aligns with the parties' true intentions, no further interpretation is needed. If it does not reflect their true will, the judge may interpret it to match their real intention.
Ambiguous Expressions: For ambiguous expressions, Article 265(2) states that the common intention of the parties should be considered, focusing on more than just the literal meaning. This aligns with the parole evidence rule, which allows only the contract itself for interpretation.
Construction in Case of Doubt: Article 266 states that doubt should be construed in favour of the debtor, as a residual rule after other interpretation methods are exhausted.
Conclusion
The UAE Civil Transactions Act provides a general framework for contract interpretation, with courts typically adhering to statutory provisions. However, these rules are guidelines and can be modified or excluded by agreement.
Litigation procedures in the UAE are governed by federal laws, with civil procedures regulated by Federal Decree-Law No. 42 of 2022. Criminal procedures are covered by Federal Decree-Law No. 38 of 2022, detailing investigation methods, trial procedures, and judgment enforcement.
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The Central Bank of the UAE (CBUAE) introduced the new "Insurance Brokerage Regulation" on July 25, 2024, which supersedes all previous guidelines and regulations for insurance brokers.
The new regulation will come into effect six months from its publication in the UAE gazette, anticipated by late January or February 2025.Insurance brokers and insurers must align their operations with the new rules within this period.
Major Changes
Redefinition of Insurance Brokerage: Insurance brokerage now explicitly includes soliciting, negotiating, or selling insurance or reinsurance contracts, eliminating ambiguities that previously allowed unregulated entities to operate as intermediaries.
Categorisation of Brokerage Licences: Licences are now divided into primary insurance, reinsurance and composite insurance. This change allows entities to specialise in reinsurance with different regulatory requirements compared to primary insurance brokers.
Prohibition on Premium Collection: Insurance brokers can no longer collect premiums; this responsibility now lies solely with insurance companies. This prohibition raises questions about the future relevance of the escrow requirements set by the CBUAE in 2022.
Commission Payments: Insurers must pay commissions to brokers within 10 business days of receiving the premium. For premiums paid in installments, brokers receive proportional commission payments accordingly.
Minimum Capital and Bank Guarantee: While the minimum capital and bank guarantee requirements remain unchanged, they are now distinct obligations. Brokers must maintain these separately, impacting their balance sheets -- a detail still awaiting full clarification.
External Auditors: All brokers must appoint external auditors approved by the CBUAE.
Issuance of Policies and Endorsements: Only insurance companies are authorised to issue insurance policies, amendments and endorsements, except for motor insurance certificates, if agreed upon.
Corporate Governance Policy: Brokers must implement a comprehensive corporate governance policy covering internal structure, management practices and procedures to ensure transparency, accountability and ethical behaviour.
Financial Soundness: Brokers must inform the CBUAE immediately if their net equity falls below 100% and present a plan to rectify it within 15 days. During this period, they cannot undertake new business but must continue servicing existing clients.
Outsourcing Requirements: Brokers must obtain the CBUAE's approval for outsourcing material business activities, which cannot be outsourced outside the UAE. The definition of "material business activity" remains unspecified.
Offering Discounts: Brokers are prohibited from offering discounts from their commissions to customers. Discounts must come directly from the insurer according to underwriting guidelines.
Cybersecurity and Data Retention: Brokers must maintain robust policies to prevent and address data breaches, ensuring personal data is stored within the UAE and retained for a minimum of 10 years.
Conclusion
The new regulations underscore the CBUAE’s dedication to enhancing the insurance brokerage sector's stability, transparency and fairness.
The CBUAE may apply proportionality, tailoring requirements based on the nature, scale, and complexity of a broker's business, ensuring the overarching goals of the regulations are met without strictly adhering to every specific mandate.
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Employers in the UAE may incur substantial fines for engaging in unfair practices. According to Article 60 of Federal Decree-Law No. 33 of 2021 under UAE Employment Law, those found guilty of such practices can be fined between Dh50,000 and Dh200,000.
These unfair practices include:
* Employing Workers Without a Work Permit: Hiring employees without the necessary work permit from the Ministry of Human Resources and Emiratisation (MoHRE).
* Recruiting Without Providing Work: Hiring employees and then not assigning them any work.
* Misuse of Work Permits: Using work permits for purposes other than those for which they were issued.
* Improper Closure of Businesses: Closing or ceasing operations of an establishment without settling employees' entitlements, thereby violating the relevant Decree-Law.
* Employing Juveniles Illegally: Hiring juveniles in contravention of the law’s provisions.
* Employment Agreements Violating Juvenile Regulations: Agreeing to employment terms for juveniles that do not comply with the legal requirements concerning their guardians.
In addition, Articles 58 through 63 of the UAE Employment Law outline penalties for other types of unfair practices by employers.
During inspections, MoHRE officials may identify and report violations. According to Article 33(2) of Cabinet Resolution No. 1 of 2022, inspectors will document any violations and report them to the relevant authorities.
Employers are required to cooperate with these inspectors by providing necessary information and access.
Employees impacted by unfair practices can file complaints with MoHRE under Federal Decree-Law No. 20 of 2023, which amends certain provisions of Federal Decree-Law No. 33 of 2021.
Additionally, if multiple employees are affected, they can file a collective dispute with MoHRE as per Article 56 of the UAE Employment Law and Article 32 of Cabinet Resolution No. 1 of 2022.
Employees facing unfair treatment should consider filing a complaint with MoHRE. If an individual employee is not directly affected but knows others who are, they can advise their colleagues to file complaints.
MoHRE will review and take action based on these complaints, ensuring that unfair practices are addressed and rectified.
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In September 2021, the United Arab Emirates (UAE) introduced Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PPD), marking a significant advancement in data protection for the region.
As a pioneering standalone data privacy law, the PPD establishes a foundational framework for data protection. However, the law's effectiveness is hindered by the delayed issuance of its Executive Regulations (ER), creating uncertainty for data controllers and processors.
The Critical Role of Executive Regulations
The PPD consists of 31 articles, many of which defer to the ER for essential details and clarity. Initially expected within six months of the PPD's enactment, the ER's delay leaves critical data privacy principles, controls and conditions undefined.
Anticipated Focus Areas of the ER
Exemptions: The UAE Data Office may exempt certain establishments from some or all PPD requirements based on their data processing volumes. The ER will specify the conditions and procedures for these exemptions.
Additional Legal Basis: The ER might introduce additional legal grounds for data processing, such as legitimate interest, which provides flexibility for activities like marketing. This flexibility, however, must be regulated to prevent potential misuse.
Data Breaches: While the PPD requires reporting data breaches to the UAE Data Office and affected individuals, it lacks specifics on the timeline and severity levels of breaches that must be reported. The ER is expected to clarify these obligations.
Data Transfers: The PPD permits personal data transfers to countries with adequacy decisions and through mechanisms like explicit consent or safeguards. The ER should list adequate countries and detail whether standard contractual clauses will be used.
Penalties: The PPD does not outline penalties for non-compliance. The ER may adopt a structured penalty system similar to the GDPR, specifying fines for various violations and granting the UAE Data Office additional corrective powers.
Influence of Potential Fines on Compliance
The prospect of significant fines is a strong motivator for compliance. Globally, hefty fines have heightened awareness of data privacy's importance.
In the UAE, even without stringent enforcement, the rise in data privacy concerns reflects the operational and reputational risks, encouraging stakeholders to adhere to the PPD.
Enforceability and Compliance Preparation
Effective January 2, 2022, the PPD provided a six-month grace period post-ER issuance for compliance. While the ER delay offers time for preparation, it also leaves vital data privacy principles unaddressed, possibly complicating a smooth transition.
Proactive Steps for Stakeholders
Despite the current uncertainty, stakeholders should proactively establish robust data privacy systems. Key steps include familiarising with the PPD, setting up compliance frameworks, and preparing for the ER. This proactive approach will ensure readiness and mitigate non-compliance risks once the ER is released.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels
In September 2021, the United Arab Emirates (UAE) introduced Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PPD), marking a significant advancement in data protection for the region.
As a pioneering standalone data privacy law, the PPD establishes a foundational framework for data protection. However, the law's effectiveness is hindered by the delayed issuance of its Executive Regulations (ER), creating uncertainty for data controllers and processors.
The Critical Role of Executive Regulations
The PPD consists of 31 articles, many of which defer to the ER for essential details and clarity. Initially expected within six months of the PPD's enactment, the ER's delay leaves critical data privacy principles, controls and conditions undefined.
Anticipated Focus Areas of the ER
Exemptions: The UAE Data Office may exempt certain establishments from some or all PPD requirements based on their data processing volumes. The ER will specify the conditions and procedures for these exemptions.
Additional Legal Basis: The ER might introduce additional legal grounds for data processing, such as legitimate interest, which provides flexibility for activities like marketing. This flexibility, however, must be regulated to prevent potential misuse.
Data Breaches: While the PPD requires reporting data breaches to the UAE Data Office and affected individuals, it lacks specifics on the timeline and severity levels of breaches that must be reported. The ER is expected to clarify these obligations.
Data Transfers: The PPD permits personal data transfers to countries with adequacy decisions and through mechanisms like explicit consent or safeguards. The ER should list adequate countries and detail whether standard contractual clauses will be used.
Penalties: The PPD does not outline penalties for non-compliance. The ER may adopt a structured penalty system similar to the GDPR, specifying fines for various violations and granting the UAE Data Office additional corrective powers.
Influence of Potential Fines on Compliance
The prospect of significant fines is a strong motivator for compliance. Globally, hefty fines have heightened awareness of data privacy's importance.
In the UAE, even without stringent enforcement, the rise in data privacy concerns reflects the operational and reputational risks, encouraging stakeholders to adhere to the PPD.
Enforceability and Compliance Preparation
Effective January 2, 2022, the PPD provided a six-month grace period post-ER issuance for compliance. While the ER delay offers time for preparation, it also leaves vital data privacy principles unaddressed, possibly complicating a smooth transition.
Proactive Steps for Stakeholders
Despite the current uncertainty, stakeholders should proactively establish robust data privacy systems. Key steps include familiarising with the PPD, setting up compliance frameworks, and preparing for the ER. This proactive approach will ensure readiness and mitigate non-compliance risks once the ER is released.
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The UAE government has introduced transformative legislation through Cabinet Resolutions No. 56 and No. 57 of 2024 to regulate telemarketing practices.
Effective August 27, 2024, these rules aim to protect consumers from unwanted marketing calls while ensuring businesses operate transparently and ethically.
Key Provisions of Cabinet Resolution No. 56 of 2024
Objective and Scope
The new regulations seek to balance consumer privacy with business needs by controlling the marketing of products and services via phone calls.
Applicable to all licensed companies in the UAE, including those in free zones, the rules prohibit natural persons from making marketing calls using personal phone numbers.
Obligations for Companies
* Approval and Training: Companies must obtain prior approval from the Telecommunication and Digital Governance Regulatory Authority (TDRA) before telemarketing. They are also required to train their marketers on professional ethics and the use of the Do Not Call Registry (DNCR).
* Local Numbers: All marketing calls must be made using local phone numbers registered under the company’s commercial licence.
* Record-Keeping and Reporting: Companies are required to maintain detailed records of all marketing calls and submit regular reports to the relevant authorities.
* Call Controls: Marketing calls are restricted to between 9.00 am and 6.00 pm. Companies must avoid deceptive practices and undue pressure tactics. If a consumer rejects a product or service, the company must not call them again.
Furthermore, companies can call consumers no more than once a day and twice a week if the call goes unanswered.
Consumer Protection
Consumers can register their phone numbers in the DNCR to avoid unsolicited marketing calls.
Should they continue to receive unwanted calls, they can file a complaint with the TDRA, which will investigate and take action against the offending company.
Penalties Under Cabinet Resolution No. 57 of 2024
Cabinet Resolution No. 57 outlines strict penalties for companies and natural persons that violate the telemarketing regulations. The penalties for businesses that contact consumers on the DNCR include:
First Violation: Dh50,000 fine
Second Violation: Dh75,000 fine
Third and Subsequent Violations: Dh150,000 fine
Additional sanctions may include warnings, suspension of telemarketing activities, and even the cancellation of business licences, depending on the severity and frequency of the violations.
For individuals, penalties include fines and interruptions of phone services, escalating with repeated violations.
Grievance Mechanism
Companies and individuals can file grievances against penalties within 15 days, and the relevant authority must decide on the grievance within 30 days, ensuring a fair and transparent process.
Taking Legal Action Against Unwanted Sales Calls
If you continue to receive unwanted sales calls despite these regulations, here are the steps you can take to protect your privacy:
* Register with the Do Not Call Registry: Ensure your number is listed on the UAE's Do Not Call Registry (DNCR). This is your first line of defence against unsolicited calls.
* Report Violations: If you receive a call that violates the TRA’s regulations, report it. You can file a complaint through the Telecommunication and Digital Governance Regulatory Authority (TDRA)’s official website or contact their customer service hotline.
Be prepared to provide details such as the caller’s number, the time of the call, and the nature of the violation.
* Document Calls: Keep a record of the unwanted calls you receive. Note the date, time and any information about the caller. This documentation can support your complaint and any legal action you may pursue.
* Block Numbers: Use your phone’s call-blocking features to prevent future calls from specific numbers. While this is a reactive measure, it can provide immediate relief from persistent callers.
Understanding Your Legal Rights
From a legal perspective, residents in the UAE have robust protections against unwanted telemarketing calls. The TRA's regulations are designed to uphold privacy and ensure that telemarketing activities are conducted ethically.
Violations of these regulations can result in penalties for the offending companies, including fines and potential bans from conducting telemarketing activities.
Moreover, under UAE law, individuals have the right to privacy, which extends to unwanted intrusions via telemarketing calls.
If a telemarketing company breaches these privacy rights, affected individuals can seek legal recourse, potentially leading to compensation for any distress or inconvenience caused.
The UAE's latest telemarketing regulations mark a significant step towards protecting residents from the nuisance of unwanted sales calls. By understanding these regulations and knowing how to take action, you can safeguard your privacy and hold violators accountable.
If you find yourself inundated with unsolicited calls, remember that legal avenues are available to ensure that your rights are respected.
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For Muslim women in the UAE seeking a divorce, it is important to understand the distinction between divorce due to prejudice and divorce without prejudice.
This differentiation significantly affects the alimony awarded to the wife, though it does not impact child alimony or child custody arrangements.
Two significant types of divorce are "divorce due to prejudice" and "divorce without prejudice." Here's a look at the distinctions between the two:
Divorce Due to Prejudice
Divorce due to prejudice (also known as fault-based divorce) occurs when one spouse files for divorce citing specific wrongful conduct by the other spouse. This conduct must be proven in court and should be serious enough to warrant the dissolution of the marriage.
Divorce Without Prejudice
Divorce without prejudice (also known as no-fault divorce) allows couples to dissolve their marriage without assigning blame or proving wrongful conduct. This type of divorce is based on the notion of "irreconcilable differences" or the mutual consent of both parties to end the marriage.
Alimony Considerations
The UAE's Federal Law No. 28 on Personal Status, specifically Article 140, outlines the considerations for compensation alimony (Motaa’).
If a husband unilaterally divorces his wife from a valid consummated marriage without her request, she is entitled to compensation beyond the alimony paid during the waiting period.
The financial status of the husband determines this compensation, which must not exceed a one-year alimony payment for those in similar conditions.
The judge may order the compensation to be paid in installments, depending on the husband's financial situation.
In assessing the compensation amount, the prejudice sustained by the wife is considered.
The law emphasises the need to consider the debtor's possibilities, the beneficiary's circumstances and the prevailing economic conditions, ensuring the alimony amount does not fall below a sufficient level for the wife or child.
Proving Prejudice
Article 122 of the Personal Status Law details establishing prejudice in a divorce case. Prejudice must be proven through legal means such as testimony, documents, oaths and court judgments against one of the spouses.
Hearsay testimony is accepted if the witness explains or it is understood that the prejudice is widespread in the spouses' environment, as decided by the court. However, hearsay testimony to negate prejudice is not accepted.
Both male and female witnesses' testimonies are accepted, except for the testimony of an ascendant against a descendant or vice versa. The witness must fulfill the legal conditions for testimonial evidence.
Understanding the nuances of divorce due to prejudice versus divorce without prejudice is crucial for Muslim women in the UAE.
This distinction directly impacts the alimony awarded to the wife, while child alimony and custody remain unaffected.
By knowing the legal requirements and processes for proving prejudice, individuals can better navigate the complexities of divorce proceedings in the UAE.
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Tobacco consumption poses a significant public health concern worldwide. According to the World Health Organisation (WHO), tobacco claims the lives of over 8 million people annually, with approximately 1.3 million non-smokers succumbing to the effects of second-hand smoke.
In the UAE, health experts underscore the severe health risks posed by second-hand smoke to non-smokers, including children, particularly in confined spaces.
Despite the prevalence of smoking among UAE residents, the emergence of e-cigarettes and vapes has introduced alternative smoking methods, making tobacco-related products more accessible.
In response, UAE legislation has implemented stringent measures to combat smoking, particularly among minors, and to regulate the sale of tobacco-related products.
Smoking is strictly prohibited in enclosed public areas, educational institutions, healthcare facilities, places of worship and certain outdoor areas.
It is also illegal to sell tobacco and vape products to individuals under the age of 18. Violating these laws can lead to fines, penalties, or other legal consequences.
Federal Laws Governing Smoking and Tobacco
Federal Law No. 3 of 2016 (Wadeema's Law)
Federal Law No. 3 of 2016, known as Wadeema's Law, addresses child rights and forbids the sale or attempt to sell tobacco or tobacco products to children. Sellers are required to verify the purchaser's age, ensuring they are at least 18 years old.
Additionally, smoking in public or private transportation and indoor places in the presence of a child is strictly prohibited. Violators face fines starting at Dh5,000.
Federal Law No. 15 of 2009: Additional Prohibitions
Federal Law No. 15 of 2009 outlines several prohibitions and penalties related to smoking, including:
* Selling tobacco products to individuals under 18.
* Smoking in private cars when a child under 12 is present.
* Smoking in houses of worship, educational institutions, and health and sports facilities.
* Selling sweets resembling tobacco products.
* Operating automatic vending equipment and devices for tobacco distribution.
* Tobacco advertising.
Penalties for Selling Tobacco to Minors
Selling or attempting to sell tobacco products to minors incurs severe penalties, including a minimum prison sentence of three months and/or fines not less than Dh15,000. Sellers must verify the purchaser's age to ensure they are at least 18 years old.
This penalty also applies to those selling or attempting to sell alcoholic beverages or any other hazardous materials to minors, prioritising the protection of children's health and well-being.
Vaping Regulations in the UAE
In April 2019, the UAE made a significant policy shift by lifting its ban on the sale of e-cigarettes, vaping devices and e-liquids. This change allowed these products to be legally sold under stringent regulations, aligning them closely with those governing traditional tobacco products.
The primary aim was to offer smokers safer alternatives while bringing the previously unregulated market under strict control.
The Ministry of Industry and Advanced Technology (MoIAT) requires all vape products and e-liquids to meet specific standards. This includes mandatory health warnings on packaging similar to those found on conventional cigarette packs.
Additionally, it is illegal to sell these products to anyone under the age of 18. The UAE Ministry of Health and Prevention (MoHAP) oversees the regulation of the sale, possession, and usage of vape products. Despite the legalisation, strict regulations are enforced to safeguard public health. Both individuals and businesses involved in the vaping industry must stay updated with these regulations.
General Regulations on Smoking and Vaping
Legality and Age Restrictions
Vaping is legal in the UAE, but strict guidelines govern its sale, possession, and usage to ensure compliance with health and safety standards. The legal age for purchasing vape products is 18 years and above, with severe penalties for selling to minors.
Advertising Restrictions
Advertising of vape products is heavily regulated, with promotions through traditional media channels and online platforms largely prohibited to ensure compliance with the law.
Designated Areas for Smoking and Vaping
Vaping is 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.
Travelling with Vape Products
Travellers can legally bring vape products into Dubai, typically in reasonable quantities for personal use, but it is advisable to check the latest regulations and restrictions before travelling to ensure compliance with customs and immigration rules.
Variations in Regulations Across the Emirates
Vaping regulations can differ between emirates; while Dubai has its own set of laws, other emirates like Abu Dhabi and Sharjah may implement different regulations.
Penalties for vaping in prohibited areas can vary depending on the severity of the offence, including fines, confiscation of vape devices, or other legal consequences.
Cultural and Religious Considerations
The vaping industry has grown significantly in recent years, with more people choosing e-cigarettes over traditional smoking. This trend is particularly noticeable in the UAE.
However, there is ongoing debate within the Islamic community about whether vaping is permissible.
Some argue that it is "haram" (prohibited) due to potential health risks and its similarity to smoking, while others may consider it acceptable under certain conditions. It is advisable to seek guidance from religious scholars for clarification on this issue.
Conclusion
Understanding and adhering to the UAE's smoking and vaping regulations is essential for ensuring compliance and contributing to public health and safety.
By following these laws, individuals and businesses not only fulfil their legal obligations but also help promote the well-being of the broader community.
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In Dubai, the real estate market is governed by stringent regulations to ensure transparency and fairness in rental agreemens. One crucial aspect of these regulations is the prohibition of subletting rented premises.
If you own a 2-bedroom flat in Dubai and rent it to an individual for their family, you might encounter legal issues if you find an unauthorised person staying there. This could indicate that the tenant has sublet part of the flat without your permission.
Legal Framework for Subletting in Dubai
In Dubai, a tenant cannot sublet rented premises without the landlord's written consent unless this has been explicitly agreed upon in the rent agreement.
This regulation is outlined in Article 24 of Law No. 26 of 2007 Regulating the Relationship between Landlords and Tenants in Dubai, which states that “unless otherwise agreed by the parties to a lease contract, the tenant may not sublease, or assign the use of the real property to third parties unless the relevant written consent of the landlord is obtained."
Additionally, under Article 25 (1) (b) of Law No. 33 of 2008 Amending Law No. 26 of 2007, a landlord is entitled to evict a tenant if they sublet the property without written consent.
This law specifies that a landlord can request the eviction of a tenant before the lease contract expires under certain conditions.
One such condition is when a tenant sublets the property or any part of it without the landlord's written approval. In this case, both the tenant and the subtenant can be evicted.
However, the subtenant has the right to claim compensation from the tenant for any losses incurred due to the eviction.
If you suspect that your tenant has sublet the property without your consent, you can take the following steps:
Review the Rent Agreement: Check your tenancy agreement for any specific clauses regarding subletting and consent requirements.
Communicate with the Tenant: Initially, discuss the issue with your tenant both verbally and in writing (via email or letter), stating that they have sublet a portion of the rented apartment without obtaining your written consent.
Request that they make arrangements to vacate the subtenant and compensate you for any damages caused.
Send a Formal Notice: Issue a formal written notice to your tenant through a Notary Public or by registered post, stating that they have breached the rental agreement by subletting without your consent and requesting immediate eviction of the rented apartment.
Consider Legal Action: If the tenant and the subtenant do not comply with the eviction notice, you may approach the Dubai Rental Dispute Centre (RDC) to initiate legal proceedings. The RDC has jurisdiction over all disputes between the owner and tenant of any real estate property in Dubai.
In cases where no crime has been committed, the Dubai police typically do not have jurisdiction, leaving the matter to the RDC.
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Even though we may be aware of online scams, we can still fall victim to them. Cybercriminals are constantly finding new ways to deceive people. It can be confusing to determine whether a link is from your registered bank or a fraudster.
For example, you might receive a message claiming you’ve won a gift card worth one million dollars, but you need to pay delivery charges. Out of excitement, you click the link, believing you’re lucky, only to end up losing all the money in your bank account.
If you find yourself in such a situation, don’t wait to go to the police station; you can now report it online. To save you time and effort, UAE authorities have launched apps and websites where you can quickly report a crime.
Some people might not feel comfortable visiting a police station and providing evidence in person; these platforms allow you to upload screenshots and digital copies of your evidence.
Here are a few websites and apps where you can report:
MoI App: The Ministry of Interior offers an app where you can access eCrime services to file a report and request information about a reported crime.
Dubai Police eCrime Service: Visit the official website (https://www.dubaipolice.gov.ae/) and select ‘Services’. Click on 'Reports Services' and then choose 'eCrime'. Complete the form and attach documents and evidence in PDF format to avoid uploading issues.
'My Safe Society' App: Created by the UAE Public Prosecution, this app makes it easy to report a crime. It’s user-friendly, allowing you to file a report by attaching digital copies of supporting documents. You can upload photos, videos, audio files, or even website links.
Abu Dhabi Police Aman Service: Abu Dhabi Police have introduced the Aman Platform. Visit the website (https://adpolice.gov.ae/en) and click on the ‘Aman’ Service option. Select ‘Submit a Case’ and provide the necessary details, including information about the crime, the scammer's name, contact details, and email address.
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Losing a spouse is one of life's most challenging experiences. Amidst the emotional turmoil, there are practical matters to address, such as transferring property owned by the deceased spouse.
This process can be complex, but with the right knowledge and guidance, it can be navigated smoothly. In this guide, we'll walk you through the steps involved in transferring property after the death of a spouse, covering everything from understanding ownership types to the legal procedures involved.
Understanding Ownership Types
Before delving into the transfer process, it's crucial to understand the different types of property ownership. Married couples typically hold property in one of the following ways:
Joint Tenancy with Right of Survivorship (JTWROS): In JTWROS, each spouse has an equal ownership interest in the property. If one spouse passes away, the surviving spouse automatically inherits the deceased spouse's share.
Tenancy by the Entirety: This form of ownership is only available to married couples and offers similar benefits to JTWROS. It provides for the automatic transfer of the deceased spouse's share to the surviving spouse.
Community Property: In states that recognise community property laws, property acquired during the marriage is considered jointly owned by both spouses. Upon the death of one spouse, their share typically passes to the surviving spouse.
Separate Property: Property acquired by one spouse before marriage or through inheritance or gift during marriage is considered separate property. The transfer of separate property after the death of a spouse may follow different rules depending on the jurisdiction.
Immediate Steps to Take
Upon the death of a spouse, several immediate steps need to be taken:
Obtain the Death Certificate: The death certificate is a crucial document required for various legal and administrative purposes. You'll need multiple copies, so make sure to request an adequate number from the relevant authorities.
Locate Important Documents: Gather all relevant documents related to the deceased spouse's assets, including property deeds, wills, trusts, and financial account information.
Notify Relevant Parties: Inform banks, financial institutions, insurance companies, and other relevant parties about your spouse's death. This will help prevent unauthorised access to accounts and ensure a smooth transition of assets.
Consult Legal and Financial Professionals: Seeking guidance from professionals experienced in estate planning and probate matters can be invaluable. They can provide personalised advice based on your specific circumstances.
Probate vs. Non-Probate Assets
In estate administration, assets are typically categorised as either probate or non-probate assets:
Probate Assets: These are assets subject to the probate process, which involves validating the deceased's will, paying off debts and taxes, and distributing assets according to the will or state laws if there is no will.
Real estate held solely in the deceased spouse's name or as tenants in common is generally considered a probate asset.
Non-Probate Assets: Non-probate assets pass directly to designated beneficiaries outside the probate process. Common examples include jointly owned property with the right of survivorship, assets held in a trust, retirement accounts with named beneficiaries, and life insurance proceeds.
Understanding the distinction between probate and non-probate assets is essential, as it determines the appropriate transfer process for each type of asset.
Transfer of Probate Property
If the deceased spouse owned property subject to probate, the following steps typically apply:
Initiate Probate Proceedings: If there's a will, the executor named in the will initiates the probate process by filing a petition with the probate court. If there's no will, the court will appoint an administrator to oversee the estate.
Inventory and Appraisal: The executor or administrator prepares an inventory of the deceased's assets, including real estate. An appraisal may be required to determine the fair market value of the property.
Settle Debts and Taxes: Before distributing assets to beneficiaries, the estate must settle any outstanding debts, taxes, and administrative expenses. This may involve selling assets, including real estate, to generate sufficient funds.
Transfer of Title: Once all debts and taxes have been paid, the remaining assets, including real estate, can be transferred to the beneficiaries according to the terms of the will or state intestacy laws.
Record the Transfer: To officially transfer ownership of real estate, the executor or administrator must prepare and record the necessary legal documents, such as a deed, with the appropriate government office, usually the county recorder's office.
Transfer of Non-Probate Property
For property that passes outside of probate, such as jointly owned property with right of survivorship or assets held in a trust, the transfer process is typically more straightforward:
Confirmation of Ownership: In the case of jointly owned property with right of survivorship, the surviving spouse automatically becomes the sole owner of the property upon the death of the other spouse. Similarly, assets held in a trust are distributed according to the terms of the trust document.
Update Ownership Records: The surviving spouse should update ownership records with the relevant authorities, such as the county recorder's office for real estate and financial institutions for bank accounts and investments.
Transfer of Trust Assets: If the deceased spouse had assets held in a trust, the successor trustee, typically the surviving spouse, is responsible for administering the trust and distributing assets to the beneficiaries according to the trust terms.
Considerations for Estate Taxes
Depending on the value of the deceased spouse's estate and the applicable tax laws, estate taxes may be owed. It's essential to consult with a tax professional to understand any potential tax implications and explore strategies for minimising tax liability, such as taking advantage of available deductions and exemptions.
Conclusion
Navigating the transfer of property after the death of a spouse can be a complex and emotionally challenging process.
By understanding the different types of property ownership, the distinction between probate and non-probate assets, and the applicable legal procedures, you can ensure a smooth transition of assets while honouring your spouse's legacy.
Seeking guidance from legal and financial professionals can provide invaluable support and peace of mind during this difficult time.
Remember to take things one step at a time and lean on your support network for assistance and emotional support.
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The General Commercial Gaming Regulatory Authority (GCGRA), the federal entity overseeing commercial gaming activities in the UAE, announced the award of a licence to operate the UAE’s first authorised lottery.
According to official news agency WAM, the announcement marks a new milestone in the GCGRA’s efforts to establish a well-regulated commercial gaming sector in the UAE, built on the principles of transparency, accountability, consumer protection and responsible gaming practices.
The lottery licence was awarded to The Game LLC, a commercial gaming operator specialising in game development, lottery operations, and gaming-related content.
Operating under the banner of the “UAE Lottery,” the GCGRA’s first licensee will offer a diverse range of lottery games and other games designed to cater to players’ various interests and financial preferences.
Jim Murren, the Chairman of GCGRA, said, “The launch of the UAE Lottery is a pivotal event that not only marks the establishment of a disciplined world-class regulatory framework for lottery activities but also underscores our commitment to nurturing a secure and enriched commercial gaming environment in the UAE.”
Kevin Mullally, CEO of the GCGRA, reaffirmed: “The GCGRA is steadfast in its commitment to global best practices in consumer protection and regulatory oversight.
Our regulatory framework is designed to ensure the integrity, fairness, and transparency of commercial gaming activities in the UAE, which include lottery games. It also provides consumers with a comprehensive set of tools to monitor and manage their gaming activity.
Additionally, we are leveraging new technologies to foster the creation of safe, entertaining games and drive consumer-focused innovation.”
GCGRA has developed a comprehensive regulatory framework aimed at protecting consumers and the legitimate interests of all stakeholders.
Engaging in, conducting, or facilitating commercial gaming activities within the UAE without approval from the GCGRA is illegal and exposes offenders to severe penalties. Playing as a consumer via unlicensed operators is also illegal, according to the GCGRA framework.
What is Commercial Gaming
According to the GCGRA, commercial gaming refers to "any game of chance, or combination of chance and skill, where an amount of money, in cash or cash equivalents, is wagered – i.e., placed as a bet – for the purpose of winning a sum of money or other valuable items."
The definition extends to agreements within such games that require the loser to compensate the winner with money or any other valuable item.
"Commercial games encompass gaming machines, internet gaming, electronic skill-based games, lottery games, event wagering (including bets placed on certain events such as sporting events or horse racing), along with any other form of commercial gaming regulated and licensed by the GCGRA," the gaming regulator states on its website.
"It is important to note that games incorporating elements of skill alongside or in place of chance are still encompassed within the definition of commercial gaming. The integration of skill-based elements does not negate the characterisation of the activity as commercial gaming."
Engaging in, operating, or facilitating commercial gaming activities without a valid licence is unlawful and will result in legal action, including "criminal penalties." Participating as a player in activities offered by unlicensed operators — whether online or at a physical venue — is illegal and may subject individuals to "severe penalties."
For consumers, participating in unlicensed activities can lead to legal action. Additionally, there is a "high risk of fraud and financial losses, with no recourse through legal channels for recovery."
For companies, operating without a licence can result in "severe penalties, including fines and closure, tarnishing business reputation."
The GCGRA will determine if an activity falls within the definition of commercial gaming or promotional activities. In a legitimate promotion, prizes are treated as marketing expenses, not a method to generate revenue. Prizes typically include giveaways or time-sensitive discounts that are tied to the objective or goal of the promotion.
The GCGRA is an independent executive entity within the UAE federal government that regulates, licences and supervises all commercial gaming activities and facilities in the UAE.
Headquartered in Abu Dhabi, the GCGRA has a team of experts in commercial gaming regulation, financial crime prevention, gaming technology, law enforcement, responsible gaming and other related domains.
Responsible Gaming
The GCGRA enforces responsible practices across "every aspect of the gaming experience, from game design to marketing strategies and the provision of player support services."
Responsible gaming safeguards consumers and minimises the potential adverse consequences of excessive gaming for individuals and society. According to the authority, commercial gaming should be an entertainment and leisure activity, not a means to generate income or make money.
Gaming becomes problematic when a leisure activity turns into an unhealthy one that may lead to personal, financial, and social repercussions.
Problematic gaming is generally marked by reckless, impulsive, or compulsive engagement with gaming, indicating a lack of control and responsibility. Understanding and recognising the signs of problematic gaming is essential in creating a safe gaming environment for everyone and offering timely support.
Key signs include difficulty in stopping gaming despite a desire to quit, spending excessive time at gaming venues, betting beyond one's financial capabilities, and borrowing money to play or pay debts.
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When bringing your family to the UAE, it's important to understand the various types of visas, their associated costs and requirements.
The UAE provides several visa options for family members such as spouses, children and parents, with costs and requirements varying based on the visa type and the sponsor’s relationship to the applicant.
Here, we'll provide a detailed guide on the procedures for obtaining a family residence visa in the UAE, including costs, requirements, eligibility, and other relevant information to ensure a smooth transition for your family.
Navigating Family Visas in the UAE
Family visas in the UAE allow residents to bring immediate family members such as spouses, children, and parents to live with them.
Acquiring a family visa requires meeting certain criteria, including proving the relationship, financial stability, and adequate accommodation. Understanding the costs and prerequisites of these visas is crucial to ensure a successful application.
Salary Requirement
* Male expatriates: At least Dh4,000 per month, or Dh3,000 plus accommodation.
* Female expatriates: At least Dh10,000 per month, or Dh8,000 plus accommodation.
Family Visa Costs in Dubai
2-Year Family Visa Costs: The cost for a two-year family visa can range from Dh3,000 to Dh7,000, depending on several factors such as the applicant’s location and the inclusion of insurance.
Breakdown
* Fees for medical tests, Emirates ID, and stamping: Approximately Dh3,500.
* Typing charges: Around Dh200-250.
* Renewal cost: Approximately Dh3,000.
Without Insurance
* Applicants in Dubai: Approximately Dh3,550.
* Applicants outside Dubai: Approximately Dh2,450.
With Insurance
* Applicants in Dubai: Approximately Dh5,322.
* Applicants outside Dubai: Approximately Dh4,022.
Sponsoring Parents’ Residence Visa in Dubai
1-Year Visa Costs
* Application fees at typing centres: Dh440.
* Refundable deposit fee: Dh5,000.
* Health insurance costs vary based on the coverage and provider.
Processing Time
The processing time for a Dubai family visa typically ranges from 15 to 17 days, but in rare cases, it may extend to 60 days.
Additional Considerations
Medical Examination: All family members over 18 must undergo a medical fitness examination, which includes tests for HIV and Tuberculosis.
Documentation: Essential documents include a salary certificate, tenancy contract, passport copies, medical clearance, marriage certificate, utility bill, and employment contract.
Regional Variations
Sharjah Family Visa Costs
Costs can vary based on the visa type and duration.
Estimated Costs
* UAE Family visa + COVID insurance: Approximately Dh887.54.
* 14-day UAE Tourist visa + COVID insurance: Approximately Dh336.99.
* 30-day UAE Tourist visa: Approximately Dh343.64.
Conclusion
Understanding the specifics of obtaining a family residence visa in the UAE, including its costs and requirements, is essential for a smooth application process.
By being aware of the salary requirements, general costs, and additional considerations, you can effectively plan for bringing your family to the UAE and ensure a successful transition.
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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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