Ask The Law - April 26, 2002

Business partner
From: Pradeep Kumar, Sharjah.
I have a company with 100 per cent local sponsorship in Dubai. I want to make it a limited liability company (LLC) with another partner. Can we get a partner's visa from the Immigration Department? Do we have to deposit any money to get the visa like we do for a normal employment visa (Dh3,000)? What is the procedure for getting a visa for a partner after getting an LLC trade licence?

A sole company may be turned into a limited liability company provided that a UAE partner takes no less than a 51 per cent stake of the company's capital.

The capital of an LLC must be no less than Dh300,000. After an incorporation contract is made and a deposit slip is obtained from a bank proving that the capital has been deposited in it, a trading licence can be processed. The company can then be registered in the commercial registry.

A partner's visa requires that the investor's name be mentioned in the company's licence and that he receives a monthly income of no less than Dh10,000. The previous visa must also be cancelled before the new one is issued.

Homoeopathy
From: Shamjad, Dubai.
Is homoeopathic treatment approved by the UAE Ministry of Health? If so, what is the qualifying examination for practising homeopathy in the UAE?

The reader should check with the Dubai Health and Medical Service Department and the municipality about whether homoeopathy is recognised in the UAE and the legal requirements for practising it.

Gratuity dues
From: Waheaza Sheikhassen, Canada.
I have been cheated by the company where I was working for 4 1/2 years in the UAE. They refused to pay me my gratuity. I want to lodge a complaint with the Ministry of Labour and Social Affairs in the UAE. Since I am in Canada, I want to know how I can lodge the complaint? Can I hire a lawyer to submit the complaint during my absence or send a letter to the Ministry?

A person who was working in Dubai and left before receiving his end of service benefits can submit a complaint to the Ministry of Labour and Social Affairs, demanding that his dues be paid, provided that the employment relationship ended less than one year ago.

The payment of dues also requires that the worker has not signed a certificate discharging his employer of any responsibilities for dues before he got his visa cancelled.

If these requirements are met, these benefits, mainly the end of service gratuity, annual leave payment, notice period payment and a compensation for arbitrary dismissal if any, will be given.

Contacting son
From: Paul Ingrey, Cornwall, UK.
After severe financial conditions required me to stay in the UK in 1999, my wife and son returned to Dubai to wrap up our affairs here. This was supposed to take only six weeks, but was extended. My wife started to work and stayed on, expecting to return to the UK by August, 2001. When she returned, she declared our relationship was over and stated that she was returning to Dubai with our son. She lied to the UK court and now my son is the ward of the UK courts. She is currently residing in the UAE with her lover after they abducted my son. She will not allow me to speak to my son on the phone. What can I do?

The reader can file a case with a Dubai court demanding that he be enabled to see and contact his son in accordance with British laws. There should be no contradiction between these laws and UAE laws.

Sponsorship
From: Julie Navarro, Dubai.
I am on my father's sponsorship. I got married in December, 2001, and am now two months pregnant. My husband is still looking for a job here. He will not be able to sponsor me. I would like to have my delivery here. How will it affect us if my husband is not able to find a job until I deliver?

If a daughter who is on her father's sponsorship gets married and becomes pregnant, she will not be entitled to sponsor her baby, and neither will her father.The person entitled to sponsor the baby is the husband provided that he meets the legal requirements, namely salary and accommodation status.

Since the husband is unemployed, the wife has no option but to go home until her husband finds a job which will enable him to sponsor her and the baby.

Emergency leave
From: Noorul Haq, Dubai.
Is there any emergency leave for employees of companies according to the UAE law? If yes, how many days in the year can one avail oneself of?

The UAE Labour Law does not have any clause for emergency leave. However, by-laws of some big companies provide for their workers' right to emergency leave. Anyway, if an emergency arises, a worker may apply for emergency leave and his company will look into it and assess whether or not to accept or reject his application.

Business plan
From: Hani Ghorayeb, Dubai.
I am a Lebanese expatriate. I have been living in the Gulf for seven years and in Dubai for two years. I intend to open a restaurant in Dubai. What is the appropriate law to follow?

A person who is not employed by the government, government establishments or the Armed Forces, is entitled to have his own business such as a restaurant or any other project in accordance with the laws and regulations in effect.

These laws and regulations vary according to the type of business. The Economic Development Department can provide the reader with papers and information which will help him obtain a licence.

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