A questioner from Dubai asks: My wife is accused of a criminal case and she is presently subject to trial before Dubai Criminal Court. Soon she might be sentenced to imprisonment. My question is whether the court can order imprisonment for my wife despite the fact that she has got a one month old baby? In case of imprisonment who will take care of the baby? As per the law can we request the court to change the imprisonment to a fine due to the humanitarian situation? Please advice.

I would like to clarify to the questioner that when the Criminal Court imposes the sentence of imprisonment on the accused; (the questioner’s wife) the court will not consider the issue of custody if the court found that the accused is guilty, the latter will carry prison sentence even if the court found the accused has got a one month old baby. Therefore the accused may only request from the criminal court the combination of the baby with her in the prison. Such request might be approved by the same court. In Dubai Central Jail they have a private place for accused women and their babies and also in case the accused woman is pregnant.

Limited contract

A questioner from Dubai asks; My employer terminated my limited contract service before the completion of contract period. I worked here more than seven years. In the calculation of my end-of-service benefit, the compensation was based on one month salary only for my limited contract termination. I believe other benefits were also calculated not on a basis of 21 days per year while my other rights are not calculated. I found that the compensation shall be based on three months salary. My company mentioned one month salary only to be paid as compensation for unfair termination while mentioning other obligations are not applicable on the company who are under a free zone rules as per my manager. Is that true? Is the labour law different for free zone registered companies compared to companies under the Ministry Labour? Please advice.

I would like to clarify to the questioner that in case of a labour dispute related to free zone companies, the enforceable law in the labour court is only the labour law for all employee rights as mentioned in the labour law. Therefore, in accordance with article no. 115 of the Federal Labour Law no. 8 of 1980 which states that if a limited-contract has been terminated for reasons other than those specified in article no. 120, hereby, the employer shall compensate the worker an amount equivalent to 3 months salary or the residual period of the contract, whichever is shorter. Finally only the labour court will decide the amount of compensation that depends on the employee service period.

— Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.

(Compiled by Bassam Za’za’, Legal and Court Correspondent)