I have worked in a factory in Dubai for more than two years. Two months ago, the owner sold the factory. He owed me two months’ salary and the previous year’s leave salary plus commission. I am now working with the new owner, but I want to claim my dues. Who is liable to clear my dues, the previous employer or the new employer? Both say they are not responsible for my rights. I plan to resign because I am not satisfied with the new employer and I am still not getting my salary on time.
Article 126 of Federal Labour Law No 8 of 1980 states: “Where a change occurs in the form or legal status of an establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability”.
Rightful heirs
I am a Muslim. A month ago, my wife died in Dubai. I have two children — a boy aged six and a girl aged 10 — as well as my wife’s father and brother. Wwhat shall I do with regard to the rightful heirs? Are my wife’s father and brother entitled to inherit from the legacy as per Sharia? What is the procedure to be followed?
The questioner shall ask the Sharia Court to issue a decree of inheritance notification. The questioner shall present two Muslim witnesses before the Sharia court, who are required to know the deceased and her family members so as to tell the court who the deceased’s relatives are. The court will then issue a doctrinal certificate in which it will state the rightful heirs of the deceased. As for the question on the father’s and brother’s rights in the legacy in accordance with Sharia, only the deceased’s father inherits together with the questioner and his two sons.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
