Ask The Law - August 2, 2002

Work permit
From: A Reader, Dubai
I am on my husband's sponsorship and would like to work as a freelance researcher. Do I need to get a labour card to do this? Is there anything I need to do before I start to contact potential clients?

If these organisations run for commercial purposes and subject to the labour laws, a work permit will be required.

Opening office
From: Shishir Gupta, Delhi
I wish to have an independent office and godown in Dubai. What are the procedures involved and where can I obtain information regarding opening an office there?

It entails different procedures. For instance, a commercial office requires a licence form the Economic Department while a licence for a professional office can be obtained from the department which supervises its activities.

Marriage
From: Arnab Ghosh, Dubai
I understand that a girl on her father's sponsorship cannot get married if her father objects, even if the man she wants to marry does not have any bad qualities and follows the same faith. If the couple get married in another country and then return to the UAE, can the girl's father object and take action? After the marriage, can the father cancel the girl's visa and put a ban on her?

The custodian's approval of his daughter's marriage is a must in accordance with Islamic Sharia. A judge may take the place of a custodian.

Thus, if the marriage takes place despite the objection of the bride's custodian, the latter will have the right to sue the groom on the basis that the marriage is not compatible with Islamic Sharia and that the husband and the wife are not equal.

If the daughter stays in the UAE on the sponsorship of her father, he can get her visa cancelled. But the husband can sponsor her if he meets legal requirements, mainly salary and accommodation status.

Employment
From: Tanveer, Dubai
My 60-year-old father-in-law is a qualified veterinarian. He worked for 27 years and retired as Assistant Director of Animal Husbandry and Veterinary Services in India. He now intends to pursue his career in the UAE. What are the examinations to be passed to practise in the UAE and where can he seek employment?

The issuance of a work permit for the first time for an expatriate aged 60 years may be implausible.

However, if the worker joins a government department, he will probably be exempted from this condition. In order for a professional to take on a job or open his/her own office, he/she must submit attested certificates of his qualifications and experience and pass exams to obtain a licence to practise.

Other requirements may differ from one place of work to another based on the organisation and whether it is a private or a government one.

Proving marriage
From: A Reader, Dubai.
My wife and I are U.S. citizens. I have a residence visa and am in the process of sponsoring my wife and baby. We have not been able to validate our marriage certificate, so I would like to know if we can get married in Dubai to fulfil this obligation? If so, where do we go?

Yes, the marriage can take place again in the husband's consulate in the UAE and the marriage certificate can be attested.

This certificate is a must to prove the marriage.

Other legal requirements such as the salary and accommodation status must be met.

Driving licence
From: Askar Ali, Fujairah
I am 17 years old and would like to get a driving licence. I am a student. Is there a special category for driving licences for this age?

According to Article 3 of the Traffic Law, the minimum age for driving a motorbike is 17 years, a light car 18 years, a heavy vehicle 20 years and a bus 21 years.

Sponsorship
From: Plasbo Fernandez, Dubai
I have joined a new company and they have applied for my visa. My earlier sponsor had cancelled my labour card, but my visa was not cancelled (the visa profession was commercial promoter – which is not transferable).

Is there any rule which states that one should cancel the visa within a stipulated time after cancelling the labour card? If so, what is the time duration? My visa is valid till July 2003.

Joining a new employer after a sponsorship transfer document is signed by both employers and endorsed by the Residency and Labour authorities does not require that the residence visa of the worker be cancelled by the original employer. This will be processed by the new employer, who must abide by the grace period granted by the the Labour and Residency authorities. This should not take more than two months to complete.

Gratuity
From: Therese Patou, Dubai
I have been working for many years and have resigned. I now find that my gratuity will not be paid in full, but in monthly installments.

What steps should I take to get legal help and how does it work?

A worker must be given his dues in full at the end of his service. If the employer fails to do so, the worker will be entitled to submit a complaint to the Ministry of Labour and Social affairs demanding his dues.

If the two parties agree to the payment of these dues in installments, there will be no offence.


Readers can send their legal queries about labour, immigration and business to fax number 04-3421695.