Ask The Law - October 10, 2003

Gulf News Readers' queries answered by Rashid bin Shabib of Rashid bin Shabib & Associates Lawyers & Legal Consultants


Consumer has right to exercise option of exchanging defective material

Contract can be cancelled and full price recovered if purchaser proves that the bought item is old


Trouble over ring
Chris Govier from Dubai asks: I recently had a platinum ring made for my wife by a well known jeweller in Dubai. After only nine days of wear, the ring showed definite signs of dents and scratches which would not normally have been associated with a ring only nine days old. When I returned to the shop and expressed my dissatisfaction and requested a refund I was informed the ring would need to be returned to the workshop for evaluation and I would be contacted by someone from their customer services department. I have since been informed that I will only be entitled to about 60% of what I paid for the ring which is actually the metal content and that is all. I am now in a stalemate where I am insisting this is not correct and they are saying it is all I will get. What can I do?

The purchaser has the right to reject the 'subject matter of contract' – in your case the ring – because of defects and a hidden defect allows restitution option.

If the purchaser is able to prove that the item is old which affects its value, he will be entitled to cancel the contract and return the item to the seller and recover the full price paid for the same.


Visa conditions
A Dubai reader asks: Can you tell me if I can take a visit visa for my parents on a salary of Dh4,000?"

If your employment visa is issued from Dubai and your salary is the net of Dh4,000 then your parents can only come on a visit visa. If your salary is Dh6,000 or above, your parents can come on a residence visa. In this case a guarantee must be paid to the Residency Department of Dh 5,000 for each person, with respect of the residence visa and Dh 2,000 for each person with respect of the visit visa.

If your employment visa is issued from Sharjah, then you can only bring your parents on a visit visa no matter how much your salary is. As to the process, a standard application prepared by the Naturalisation and Residency Department has to be filled out by you. There is a Dh100 application fee is applicable to either the visitor visa and the residence visa.


One-year ban
Hemanadan M of Dubai asks: My wife who was working here is at present back in India with a one-year ban imposed on her. I would like to bring her under my sponsorship. I would like to know if it is possible to bring her to Dubai before the end of the ban.

If you are entitled to sponsor your wife, she does not have to complete the ban term.


Transit visa
Zareef Yaminuddin in Saudi Arabia asks: I am an Indian who has been working in Saudi Arabia for five years. I would like to work in UAE, but I need to know if I can I search for a job while visiting the country on a transit visa. Can this transit visa be changed into an employment visa. How can I get the visit visa from the UAE?

If you are an administrative officer, you can get the entry visa at the airport in the UAE.


Leave salary
Arif from Dubai asks: How is the Leave Salary calculated? Is it done only on the basis of the basic salary or is it basic salary plus accommodation allowance? Or perhaps it is total salary including all allowances?

Gratuity for those who are paid monthly, weekly or daily wages is calculated according to the employees last basic wage before the employment was terminated. This is without prejudice to what is stipulated by the policies of some establishments in granting of pensions or retirement benefits to employees. The wage is the basic for calculating the gratuity for the whole period of an employee's employment.


Renewing job contract
Carol in Dubai asks: What will be the best thing to do if my company does not renew my employment visa? I work as a senior stock controller in one of the leading hypermarkets here, but my visa is due to expire this month. Will an automatic ban be applied? If so, can I come back with a visit visa? There are other companies which want to hire me, but the problem is the company I'm working for now seems to have a policy of 'no release'.

If your employer does not renew your visa, this means the employment relationship is terminated. In such case, an automatic ban would be imposed on you, since your employer refuses to give you a release. If you get a ban, you will only be able to enter the UAE for a visit purpose, and not allowed to work for a period of 6 months.


Violating ban
R.H.Tikamdas in Dubai asks: One of our staff was sacked because of a breach of the employment contract and his visa was stamped with a no-entry ban for one year. His ban expires on 27th July 2004. However, he was seen in Dubai recently– - and seems to be involved in activities that compete directly with our company's activities. Is it possible for the immigration authorities to allow people to remain in spite of ban? Is it legal? And if this person has broken the law – to which government authority should we complain. What kind of punishment will be imposed, if any?

We would advise you to approach the immigration department who will take necessary action.


Setting up shop
Mohammed Kashif from Fujairah asks: I am working in Fujairah in a farm with a local UAE national and my visa status is as an agriculturalist or farmer. I have completed two years with my sponsor and renewed my visa again for another two years, but now I want to open a small trading company. I am a graduate in commerce, but due to some problems I came to the UAE as a farmer. I have worked hard here, saved money and gained knowledge of the UAE business market in order to start a small trading company. Now that I am searching for a business sponsor in Sharjah, what is the procedure for my new visa? Can I change my visa to my company now, or should I transfer or cancel my visa. If I do this, will I get a ban? My first sponsor is prepared to provide a No Objection Certificate and help me in other ways.

We advise you to set up your own company first and then start with the visa process.