Ask The Law - January 04, 2002

Harassment
From: A Reader, Dubai.
I am a chartered accountant working in Jebel Ali. My boss has been harassing me to marry him. He is already married and is 15 years older to me. I told him I was not interested and was getting married.

He called my fiance and tried to malign me. My fiance and family know about him and thus were able to give him a fitting reply. I complained to my GDF. He gave my boss a warning and I left on vacation.

When I returned, a new GDF had joined the company who did not know my history. My boss created a wrong impression about my performance and the new GDF asked me to resign. He allowed me to work till the end of this year. I submitted my resignation and I'm still working there. But from that day onwards, it has been hell here. I cannot tolerate any more humiliation. I am planning to write to my CEO. If he also does not give me justice, can I go to the Labour Court? What shall I do? I want justice for my suffering.

You can submit a complaint to the Ministry of Labour. But you must produce evidence that the company forced you to resign because without such evidence the ministry will be unable to help you. Concerning harassment, you can present a complaint against your immediate boss to the company's senior officials.

Bank loan
From: Deepak, Dubai.
I recently cleared my personal loan with a bank in Dubai and closed my account. I have obtained a clearance letter. On the basis of this I opened an account with another bank. The signed undated security cheque which I had submitted when I applied for the loan was not returned to me, nor destroyed in front of me. I surrendered all my unused cheques which were cancelled in front of me. Should I be concerned with this? Is it advisable for me to visit the bank and confirm that the security cheque has been cancelled?

The bank's acknowledgement that the loan has been repaid in full discharges the reader's liability and cancels any documents signed by him, including the blank cheque.

However, you should write to the bank, demanding that the cheque be returned, or a clear statement be provided saying that the cheque has become null and void and the bank can no longer use it.

Sponsorship
From: Ra'ed Elzohairy, Dubai.
I am an architect, sponsored by a British consultancy firm which does not have a local sponsor. The owner, who is British, died. His wife could not get the power of attorney to sign my transfer of visa form. The court decided that since she was a Christian, she could not inherit his properties. I have waited long for her to clear up the situation, but I am not working with them any more and want a transfer. What should I do?

You should submit an application to the Ministry of Labour, for a transfer of your sponsorship to another company, on the grounds that the firm you worked for stopped its business when its owner died.

A copy of the death certificate of the company's owner should be submitted along with the application. Being an engineer, you are entitled to have your sponsorship transferred.

Marriage
From: Ahmed Parvez, Abu Dhabi.
I am an Indian Muslim with family status in Abu Dhabi. I want to marry a Filipino Muslim girl working in Dubai for a family. Her visa is from a placement company based in Abu Dhabi. Her father has given his verbal agreement to our marriage. Do we need a written approval to get married? What are the procedures to get married and sponsor her visa myself?

Yes, a duly attested written approval from the wife's custodian is a must for marriage in the Dubai courts which go according to Islamic Sharia.

Hiring workers
From: Hershey Mendoza, Dubai.
We are a spark plug company in Jebel Ali. We are planning to move to one of the warehouse offices, also in Jebel Ali. We will be hiring some warehouse workers. Are there any separate rules and regulations for workers at warehouses?

Since recruitment of workers in Jebel Ali is subject to the laws of the Free Zone Authority, its permission is a must for hiring workers for the purpose of moving to other premises. The Labour Law is applicable to these workers' rights and obligations.

Visa stamp
From: Saleem Mobhani, Bombay.
I have been issued a new passport. My residence visa is stamped on the old passport. Can I enter the UAE and then get my residence visa stamped in the new passport?

Yes, you can enter the UAE on the visa in your expired passport, provided that you present that passport along with the new one to the airport officials.

Gun laws
From: Devdutt Roy Chowdhury, Dubai.
What are the laws related to bird and small game shooting in the UAE? Are we allowed to buy and use air rifles/air pistols without procuring a licence? Can we take these guns with us when leaving the country, or going on vacation? If permits are required for shooting, which authority should we approach?

You need police permission to buy hunting rifles and pistols in the UAE. This permission is issued only to holders of a residence visa. Most countries have severe restrictions on the import of firearms.

Accident claim
From: Abbas Usofi, Dubai.
I had a motorcycle accident with a taxi. The court has decided that it was the driver's fault. I had two bones broken in my right leg and two bones broken in my right hand and a full dislocation of my left wrist. I have had to have many operations. I am at home and still cannot walk. What amount should I claim from the insurance company of the taxi driver?

Since you have been injured in a road accident and the driver was at fault, you are entitled to sue the driver and owner of the car demanding compensation after a final court ruling is issued in the criminal lawsuit.

The amount of the compensation is proportional to the injuries sustained and the material gains you were deprived of as a result of them.

Medical certificates determining the injuries and percentage of inability if any must be obtained from a government hospital. These certificate must be submitted to the court.

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