I am a Muslim woman. A month ago, my husband died in Dubai, I am with my two sons as well as my husband’s mother. My question is regarding the rightful heirs. Is my husband’s mother entitled to inherit from the legacy? We are not Emiratis. Can we ask Dubai Court to apply UAE Dubai Sharia in our case and not our country’s Sharia? What is the court process required to go ahead with such a case?
The questioner should ask the Sharia Court to issue a decree of distribution. The questioner should provide two Muslim witnesses before the court, who are required to know the deceased person and his family members so as to explain to the Sharia Court who the relatives of the deceased are. The court will issue a doctrinal certificate in which it will state the rightful heirs of the deceased. As for the deceased mother’s right to the legacy, in accordance with Sharia, the deceased’s mother inherits together with the questioner and her two sons. Finally, the questioner has the right to ask the Sharia court to apply UAE Sharia.
Labour accident compensation
My brother worked in a company for more than two years. A month ago, he died due to a work accident. What is our right as his family from his company as compensation for the death as per the UAE labour Law? How much are we supposed to get and how is it calculated as per the UAE labour law? Is there any difference between the Dubai labour law and the UAE labour Law in our case? Which one is applicable in our case because this company’s main office is in Abu Dhabi and the Dubai office where my brother worked is a branch? However, his visa was from the Dubai office.
The Federal Labour Law No 8 of 1980, Article 149, states the following: “Where a worker dies as a result of an employment accident or an occupational disease, the members of his family shall be entitled to compensation equal to his basic remuneration for 24 months, provided that the amount of compensation is not less than Dh18.000 or more than Dh35.000. The compensation shall be calculated on the basis of the last remuneration received by the worker before his death. The compensation shall be distributed among the deceased worker’s dependants in accordance with the provisions of schedule three attached to this law.
The “deceased worker’s family means such of the following persons as were wholly or principally dependant for their subsistence on the deceased worker’s income at the time of his death;
A- The widow or widower;
B- The children, namely, sons under 17 years of age, and also sons who are regularly enrolled in educational institutions and are under 24 years of age or who are mentally or physically incapacitated to earn a living. The term “sons” includes the sons of the husband or of the wife who were in the deceased worker’s care at the time of his death;
Unmarried daughters, which includes unmarried daughters of the husband or of the wife who were in the deceased worker’s care at the time of his death;
C- The parents;
D- The brothers and sisters, subject to the conditions prescribed for sons and daughters.
Finally, I would like to mention that the UAE law is applicable in all UAE courts.
Official holidays
The company where I work gives us the official holidays without pay. The company deducts from our salary in case we take official holidays such as New Year and others. What are the official holidays to be given to employees as per the UAE labour law? Is the employer legally obliged to give such holidays? Does the UAE labour law oblige the employer to pay for such holidays? Do we as an employee have the right as per the UAE labour law to file a complaint at the labour ministry in case the employer refuses to give such holidays or don’t pay for it. Please advise.
I would like to clarify to the questioner that the Federal Labour Law No 8 of 1980, article 74, states the following: “Each worker shall be entitled to a holiday with full pay on the following occasions:
A- New Year’s Day (Hijri): One day
B- New Year’s Day (Christian): one day
C- Eid Al Fitr: two days
D- Eid Al Adha: three days
E- Birthday of the Prophet: one day
F- Ascension of the Prophet: one day
G- National Day: one day.
The employee is entitled to such paid holidays as per the law. Otherwise they have the right to make an official complaint to the Ministry of Human Resources and Emiratisation in case the employer refuses to give such holidays or does not pay the employee in case he allows them to take such a holiday.
Questions answered by advocate Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants
