Questions & Answers

Q: Dear Sir, I am the accountant of a pharmacy in which I am also a partner. Recently, when the pharmacist went out for tea, a man came in and asked for an antibiotic. Thinking that it was an emergency, I took the medicine and gave it to him. However, he was from the ministry inspection. He took a picture of my ID card too. I may face two problems: 1. Giving a medicine without a prescription. 2. Giving medicine not being a pharmacist. What will I have to face now? Will I be imprisoned? What is the way out?

Unpaid salary and the right action required to redeem it

Q: I started working in August 2017 with a company in Dubai. By the end of August, I received my first salary on time. Now, it is already the end of October and my employer still didn`t pay my September salary. As per accounting, it is also not clear when we will receive October salary, maybe mid of November for September salary only. My contract is unlimited and I would like to know when I can report salary delay to the MoL. By 11.11.2017, will my contract be breached because of 2 unpaid salaries in a row, and can I resign and change to a new company without getting a labour ban? When can I stop working for my current company without notice due to unpaid salary and breach of contract?

هل يحق للأجنبي التملّك في إمارة دبي؟

س: هل يحق للأجنبي التملك في إمارة دبي في الإمارات العربية المتحدة؟ هل هناك ضرائب سنوية؟ ما هي الإجراءات اللازمة لذلك وما هي المدة المطلوبة؟

Filing a labor complaint when forced to sign on demotion

Q: Hi. I have been promoted from Coordinator role to Manager role in February 2017. In these months I have never received any complaint from my manager regarding my performance, no any written notice or warning. A month ago, my manager said that she thinks I have some communication problem, and I cannot work under stress. For that reason, my manager wants to demote me and cut my salary. It has been said in the email without any clarification. Next day, she called me for a meeting to offer me Support position and said that my salary will be decreased by 35%. I agreed verbally, as I have been scared to lose the job if I do not take this offer. There hasn`t been any notification in writing provided to me. Now, I have to renew my visa as my company will cancel my old visa to apply for a new one, and I will be requested to sign the letter with the demotion. I don`t want to do this, as I think it is illegal. May you please advise what will happen if I refuse to sign that paper and if they will terminate me because of it. Thanks. Tatiana.

Can the employer refuse to give the employee his passport?

Q: Good day Sir, Please, I would like to know if it is legal for an employer to hold his employee`s educational certificates and passport after frequent requests by the employee to return his documents? This has cost me a lot of loss in terms of time and money while doing online courses. I look forward to hearing from you. Thanks

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Application of notice period in JAFZA during probation period

Q: Hi. I am working in Umm Al Quwain as a sales assistant, and I hold JAFZA visa. I joined one month ago now I have resigned. The company is telling me that my notice period is 90 days. I am still in probation period, and the offer letter which I have received states that the notice period is 30 days. Please help.

Medical treatment dues for a hospital held by employer

Q: I was admitted to a hospital in Dubai because of a serious viral disease in January 2012, and I was told by my employer that he has settled the bill. Now, I come to know that my bill is not settled and the ownership of the company has changed. Please advise me.

Claiming benefits from employer according to the last salary paid

Q: Dear Sir, I want to ask a question. I am currently working in a small workshop that includes 10 workers. My employer made my salary in the labour contract AED 700 per month, but after one year I got a driving license and he increased my salary to AED 2000. Now I have no proof that he increased my salary, but I have salary card that mentions AED 2000. If I file a case in the labour court that he did not give me my salary for the last 4 months, then which salary does the court count, 700 or 2000?

Does a business partner get banned for staying one year outside the UAE?

Q: Assalam Alaikum, I shall be grateful if you answer the following query. A person holding a partner visa, with a clean record overall, leaves the UAE and stays outside for a year. The only payable dues would be his sponsor`s amount. How can he return to UAE? Will there be a ban on him? Your reply would work wonderfully for me. Thanks and regards, Ali Jawad

Alternative dispute resolution between the owners of a company

Q: I have co-founded a UAQ FZ this year and I am in a dispute with my co-founder. We had several discussions on discontinuing the partnership after our license expires. I had an uneven share of responsibilities and have voiced this for a while, even to our advisor during mediation sessions. We built our community, social media, and email database together. I said we should leave with the partners we brought in and go our separate ways once our license expired. All costs for the business have been paid equally. With few months left of our license, my partner blocked me from my email and access to our database. The domain and email are in his name, and he is holding these as a hostage even though I am 49% owner. I understand he is 51% owner and manager, but does he has the right to do this and hold the company domain and email under his account? He is abusing his role as a manager and domain owner, and I wanted to know what my legal rights are here as co-owner.

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Seeking father's sponsorship of a child conceived before marriage

Q: My friend got married to a person whom she met on a matrimonial site and is currently working with Etihad airlines, Abu Dhabi. She is his second wife now and his first wife and 11-year-old girl are living in Abu Dhabi with him for the last 11 years. Now, her terms with her husband are not good since she got to know of his other hidden affairs too. She was working in Dubai for the last 2 years when she met him, during which he never told her he is married. She has a 2-month-old boy who was born out of wedlock. She conceived at the end of December 2016 when she was in Dubai, and they got married in India on 7th July 2017. 1. Can the husband sponsor the children of his second wife in the UAE on his family visa? 2. What are the legal charges if the husband decides to confess to the adultery committed by them? Is it possible still from his side to confess and they both are married now, but she conceived the child in the UAE before marriage? 3. Can a legal marriage contract be signed now drafting the terms?

Claiming security cheque and gratuity held by employer upon resignation

Q: I joined a Dubai based company as GM in May 2016 and resigned with a one-month notice from 1-05-17 to 31-05-17. My boss told me to prepare accounts and clear issues ‘AFTER MY RESIGNATION’ (Used these words specifically in a letter) and took a security cheque (Blank dated) with a letter signed to this effect. Within 37 days I compiled that data with satisfaction on 7-06-2017, and in the presence of auditors, my boss processed my visa cancellation. My boss advised verbally to collect my gratuity and security cheque later on. After one month of cancellation, my boss filed a complaint in the Labour Department that I joined his competitors whom I started working with them. Four months after cancellation, he deposited my security cheque in the bank without my knowledge and it was dishonoured. I filed a complaint in Labour, but the matter was referred to the court. My boss did not recruit a new GM for the last five months, and things got messed up. Now, he is putting all the blame on me for his mismanagement and I am working in a new company now. I want my security cheque back with my Gratuity. Please advise.

Precautions of resigning from a company conducting illegal activities

Q: Dear Sir/ Madam. I am working in Sharjah on a limited contract as a chemical engineer. Since last month, my company started to use some illegal chemical. So I sent an email and warned them to stop that. However, in response, they abused and threatened me. In this environment, I resigned from the job with a 6-week notice and continued doing my duties as normal. I have a doubt that after the notice period they might refuse to cancel my visa or delay the cancellation. Please advise me what can I do in this situation. I also mentioned in resignation that the reason for leaving is due to the illegal activities of the company.

Working on a visit visa without labour contract

Q: Hi. I am here in the UAE on a visit visa. A company gave me an offer letter, but it`s already 2 months since I`m working here and still, they did not process my employment visa. Now, my visit visa is going to expire soon. If they do not make my visa, can I file a case on the basis of offer letter? Where can I go for justice, and what do I have to do? Please advise me. Thanks

Notice period applied in free zones

Q: I have been working in JLT free zone (DMCC) company. As per my employment contract with the company, the notice period is 90 days. However, as per the law, the notice period is 30 days. Could you please advise me which period will prevail in this case?

Bank debts must be settled to avoid legal actions

Selling medicine without being licensed and without prescription