Ask The LAw - January 18, 2002

Claiming dues
From: A Reader, Canada.
I was working with a local company for four-and-a-half years in the UAE. During a vacation in Canada, I sent my resignation by e-mail to the company and requested them to settle my dues. These included gratuity and some overtime.

I received an e-mail from the HR manager saying that I had forfeited the right to indemnity. I know of people who have done the same thing and have been given their dues. Can I claim my gratuity when I come back to the UAE? Can I come back to the UAE on the same visa within six months? How can the company cancel my visa as I am out of the country?

If a worker is employed on a contract for an unlimited period, he is entitled to resign, giving notice of at least one month. If a party to this contract fails to meet the notice obligation, the other party will be entitled to notice compensation. But the worker will remain entitled to his end of service benefits of severance gratuity, salaries due and overtime.

He can claim these through the Ministry of Labour and Social Affairs, provided that a complaint is submitted before the lapse of one year from the date of ending the relationship.

Service centre
From: Raju Devadas, Dubai.
I would like to start a computer service centre in Dubai. What are the legal formalities to get a licence for the service centre? How much money will I have to invest to obtain it?

The reader must visit the Econo-mic Development Department which will provide him with the forms and information he needs for establishing his project.

Suing lawyer
From: A Reader, Sri Lanka.
The labour court in Dubai awarded me compensation of Dh80,000 against my former employer. On the suggestion of my lawyer to "get the money quickly", I agreed to accept Dh50,000 in full settlement.

The lawyer was so negligent that it took more than a year to get Dh40,000. Before the last Dh10,000 was paid he (in collusion or negligently) certified to the court that the full amount had been paid to me. He does not respond to my letters. I want to take legal action against him to recover my losses. One UAE lawyer refused to accept my case. Is there a chance any other lawyer will accept it? If not, what can I do?

If a lawyer fails to meet his obligations towards his client, the client will be entitled to sue him demanding compensation for the amount he failed to obtain as a result.

Class action suit
From: Len Gambla, Abu Dhabi.
I am filing a class action lawsuit against my former employer for benefits owed me. There are approximately 100 former employees also filing. I have heard that the courts can delay cases indefinitely in the UAE. How long does it normally take to get employees' claims settled and paid assuming the employee is in the right?

The right to litigation is cherished by the law. You and your colleagues can submit a complaint to the Ministry of Labour and Social Affairs which will try to settle the dispute amicably and, if that fails, refer it to the courts. The complaint should be submitted no later than one year from the date the claims became due.

Lawsuits brought by employees or their beneficiaries under the Labour Law are exempt from court fees at all stages of litigation and end execution and shall be heard in an expeditious manner.

Rent pact
From: Muhammad Naeem Shafqat, Dubai.
While renewing my contract in Sharjah, the administrator of the building added clauses which were not part of the original agreement. He is forcing me to sign. Otherwise he may ask me to vacate.

If I break the lease, I will have to pay a fine of Dh500 and I will have to bear the rent until he finds a new tenant. I have to renew my contract 60 days before the expiry of the existing contract by giving them an undertaking in writing and should pay Dh150 for renewal as administrator's fee.

A contract is binding on its parties. Parties to a tenancy contract must agree to its clauses as there is no law determining the rent, or renewal requirements.
But the reader can complain to the Rents Committee which established fair regulations for renewal of tenancy contracts.

Drink-driving
From: A Reader, Dubai.
A few weeks ago, a car hit mine from behind while I was stationary. Several hours earlier in the evening, I had consumed two bottles of an alcoholic fruit drink. The judge in court gave me a hefty fine and banned me from driving for three months. Is it correct that the police can overrule the judge and order a further nine-month driving ban as they are not satisfied with the judge's decision?

A court can suspend a driving licence, or impose a fine on a driver. Sometimes the traffic police suspend the licence for a longer period as an administrative penalty to force a driver to be careful and not to repeat an offence.

Work hours
From: Abbas Usofi, Dubai.
I had a motorbike accident on my way home from my shop. I had severe fractures, so I could not return to work and my employer is not paying me my salary. He tells me that I was not on duty and I was going home. As far as I know, this comes into the category of a work accident and my employer is liable to pay me my salary and medical expenses. He says I am sick and am only entitled to salary according to the UAE labour law for sick leave. Is it a work accident and will I get my salary according to the law?

Laws and court rulings state that the way to and from the place of work is regarded as being inside working hours. So if a worker meets an accident on his way home, the accident will be regarded as an occupational injury. Any dispute in this regard can be submitted to the Ministry of Labour and Social Affairs which will try to settle it amicably or refer it to the courts.

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