Ask the law: June 5, 2009

A reader in Dubai asks: I am working with an IT company in Dubai Internet City on a visa issued by the Dubai Technology and Media Free Zone AU (TECOM).

I worked with the company for 6 months and then resigned as I got a good offer from a Semi Government Company. It's been now more than one month that I have submitted my resignation but I have still not got any confirmation on release.

My company is not willing to transfer or cancel my visa. I have not even received any confirmation on my probation in writing from the company and as per the contract I can resign with two weeks notice.

After my resignation my company has not processed any transfer or cancellation and also has not paid me any salary for last month.

Upon several requests and follow-ups my company is still trying to make an issue of my release, my new employer is ready for transfer / a new visa if my old company does not wish to transfer my visa.

I have resigned from my old company not only due to a good offer but also due to the improper job role and profile they offered when I came here which does not match the offer letter or as I was promised in the interview process.

How do I get my visa transferred or cancelled, and will I be banned as I left my job after six months as I am working in the Free Zone.

Reply:

I would like to clarify to the questioner that he may file a complaint before the company's free zone authority, as the latter in return will resolve such dispute amicably until the questioner obtains his rights.

However, the questioner might be requested to compensate the employer due to his breach of the employment contract. Further, a ban may be imposed on the questioner as per the employer's request. In the event of failure to resolve such dispute amicably, the case can be referred to the competent court.

A reader in Dubai asks: I have been terminated by my employer, their reason being due to current market conditions. The termination, which occurred at the end of January, was with immediate effect. I have received, at the end of February, one month's gross salary for the one month notice period as stated in my contract.

End of service entitlements will be paid upon cancellation or transfer of visa. My contract is for an unlimited period. Have I been arbitrarily dismissed? Am I entitled to more than one month's salary as per the notice period in my contract?

I would like to clarify to the questioner that he might have been dismissed arbitrarily, especially since the company did not explain the legal reasons for dismissing the questioner, as the excuse of the economic crisis is not sufficient reason for the company to dismiss the questioner in this manner.

As for the questioner's rights, the questioner is entitled to end-of-service dues as per the law plus one month's notice period and possibly an arbitrary dismissal compensation which would be determined by the competent court.

A reader in Dubai asks: I am working with a company and I have a credit card and personal loan from the bank. Because of the global financial recession I was terminated.

In my credit card I am paying the credit shield and the personal loan, and when I took the loan, the bank deducted an amount for the insurance. Now I don't have a job and I don't have money to pay this card and loan. Please advise me. Is it possible to use the insurance company for the remaining payment?

I would like to clarify to the questioner that he himself will bear the bank debt, regardless of being dismissed from work, unless it is mentioned in the insurance contract that the insurance company would bear the questioner's debt if he lost his job.

A reader in Dubai asks: I am an Indian Muslim woman, married to a Muslim man of the same nationality; I have a child aged one year.

Since we got married, my husband is treating me badly and sometimes it might end with a beating; he spends neither on me nor his son due to the fact that, according to him, I am working and I do not deserve support.

At present, I can not live with him, as I tried to reach an understanding with him about such matters; he declined the same and increases his ill-treatment with me. My question here is:

A. Am I entitled to file a divorce case before the Dubai Sharia Court?

B. Do I have the right to ask the judge to apply UAE law in this case?

C. If my husband fails to appear before the court, will the judge pass judgment in the case? As my husband told me that he will not appear before the court and as per Sharia law no judgment shall be passed in a case if the husband is absent. Please advise me in this regard.

Reply:

I would like to clarify to the questioner that she may file a personal status case before the Dubai Sharia Court; the file of the questioner will be transferred to the Family Reform Department in the Dubai Court, which will summon the husband legally and try to resolve the matter amicably.

In the event of failure to reach an amicable solution to satisfy the questioner, the relevant file will be referred to the competent legitimate judge to consider the case.

With regard to the court, the questioner may prove her requests by all means of proof, including testimony of witnesses.

The questioner may ask the court to pass judgment in this case in accordance with the UAE Islamic Sharia Law. But if the husband appears before the court and requests the court to apply the Indian law on the husband, in this case, the court would ask him to provide the Indian law.

If he fails to do so, the court then will pass judgment in accordance with UAE law.

As for the question about the possibility of a judgment if her husband fails to appear before the court, I would tell the questioner that the court will ask the questioner to provide it with the husband's address, as the court will then summon him and announce him in accordance with the applicable law. If he fails to attend, the court will pass the judgment.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants