Ask The Law - August 23, 2002

Sponsorship
From: Mustafa Hasan, Abu Dhabi.
I am a resident of Abu Dhabi. My father died recently and there is no one to look after my mother in Pakistan. I am the only earning member of my family.

Is there any way I can apply for a residence visa for my mother in Abu Dhabi? What are the legal requirements and paperwork involved?

An expatriate who meets the legal requirements is allowed to sponsor only his wife and children.
However, on humanitarian grounds, he may be permitted to sponsor his parents if he establishes evidence that he is the sole provider for them.

Legal work
From: A Reader, Dubai.
We have offices in Dubai and Sharjah with different trade licences and names and with the same sponsor. Our Dubai office has closed down and all the staff in Dubai have been transferred to Sharjah.

Are we working legally? If not, how can we make it so?

If the group has a single business and is sponsored by one person and the workers are transferred from one office or company to another under that group, there will be no offence and their situation is legal.

Partnership deal
From: Dave Smith, Dubai.
I had invested in a business in Dubai in a partnership deal. I never felt the need for having any legal documents declaring my partnership or investment in the company. My signature was valid with the bank account of the company, and I have all the supporting cheques and documents proving my funds being utilised in the company. I started working with the company, but not on their visa and again without any documents to support my employment status with them. My visa card, correspondence with clients, communication on the company letterhead, etc. could prove my existence in the company.

I have now withdrawn my partnership, but haven't got any dues settled either as an investor or an employee. Can I file a case against my partner? If yes, on what grounds can I ask for my dues? Can I claim dues as an investor, an employee, or both?

As long as there is an employment contract, the reader can submit a complaint to the Ministry of Labour and Social Affairs demanding his end of service dues.

As for his dues as an investor, he can file a lawsuit before the civil court. The partnership can be proved by all legal means including testimonies and an oath from the other partners.

Gym facilities
From: Shannan Randle, Dubai.
We have been living in a new apartment building for three months. We were told that the gym facilities were included in our rent. Recently, a paying membership gym has opened in our building and the landlord has given the residents' equipment to the gym. Our gym facilities have now gone. The only way to use the gym is to pay Dh200 per person, per month to the membership gym. Initially, the landlord sent a memo to the tenants saying we would be able to use the new membership gym for free, but apparently the landlord was not able to organise a deal with the gym owner. What can we do?

If the gymnasium belongs to another person and not the landlord, the latter will have no right to offer it for free to the tenants.

The written notice issued by the landlord is not binding to the owner of the gym. The tenants can submit a complaint to the Rents Committee to solve the dispute amicably.

Cyber cafe
From: Abu Amir Mohammed, Sharjah.
I am 21 years old. Can I run a cyber café in Sharjah? What are the requirements?

As long as the reader has a valid residence visa, he can launch any business that does not contravene UAE laws. He should contact the Sharjah Municipality and Economic Department to inquire about conditions and documents required to open an Internet café.

Work ban
From: A Reader, Dubai.
I work for a new hotel in Dubai. After a year, the owner sold the property together with the staff. My previous owner paid all our dues and gratuity. When we started work under the new management, they began terminating staff hired by the previous management and hired new staff. Do we have any legal right to find another job and sponsor? If so, how can we avoid the six-month ban?

According to article 126 of the Labour Law, if a change occurs in the form or legal status of a company, employment contracts, which are valid at the time of the change, shall remain in force between the new employer and the workers of the company and their service shall be deemed to be continuous. Both the original and the new employers shall be jointly liable for a period of six months for the discharge of any obligations resulting from employment contracts during the period preceding the change. After the expiry of this period, the new employer shall solely bear liability.

If the new employer has decided to terminate your service, you can resort to the Ministry of Labour to get your visa transferred or cancelled without a ban stamp on humanitarian grounds.

Driving licence
From: J.T.F., Abu Dhabi.
I would like to take driving lessons. Can a hearing impaired person get a driving license? Will the traffic department allow it? Is there any other procedure?

A driver's licence is issued to a physically and mentally fit person. So a deaf or a blind person may not be issued a driver's licence for the good of the public and himself. If the hearing can be improved by an earphone, a licence can be obtained.

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