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The wage a partner in a company receives is against the management services he or she provides to the company and this remuneration is a type of commission, a legal expert in UAE has clarified. Image Credit: Gulf News Archives

Labour contract

Question: I am a partner in a limited liability company and I have also been a manager in the company for two years, but without a labour contract. A month ago, I was given a labour contract. My questions are: Firstly, am I legally entitled to add a clause for salary or commission in the labour contract for myself, despite the fact that I am a partner in the company and receive a share of the profits? Secondly, am I legally entitled under the current contract to demand the salaries for the period prior to the issuance of the labour contract? Also, will the duration for which I had worked prior to the issuance of the labour contract be counted as part of my current work period?

Answer: You have the right to include the clause of commission or salary in your labour contract, provided the other partners agree to it because according to the labour contract, the wage you receive is against the management services you provide to the company and this remuneration is a type of commission.

Secondly, you neither have the right to demand salaries for the period prior to the issuance of the labour contract nor will the previous work period be counted under the current labour contract — unless this is accepted by the other partners. As a matter of principle, there is nothing in the law that prevents a worker from combining his capacity as a wage earner and that of a partner, provided each of the roles is distinguished from the other and governed by its own rules.

Article (235) of Federal Law No (8) Of 1984 regarding commercial companies in the matter of managing limited liability companies states that the management of the limited liability company “shall be undertaken by one or more managers who are chosen from among the partners or from others for a fee or by way of donation”. If the manager is one of the partners, his choice of management is considered part of the company’s contract and then replacing another manager is considered an amendment to the company’s contract.

Being a director before signing the labour contract means that your relationship with the company is a relationship based on partnership in the limited liability company in the manner stipulated in its memorandum of association and not a working relationship. Also, your dues at that time were calculated according to your partnership agreement, but once you are appointed under a formal labour contract that is independent of the company’s Articles of Association and is not linked to it and in return for a wage, then you are considered one of the workers linked to the company by virtue of a work contract due to the availability of legal subordination.

Formalising a marriage in UAE

Question: A questioner from Dubai says that she is a non-Muslim woman who wants to marry a non-Muslim man who also lives in Dubai. Does she have legal rights to marry before the Sharia court and obtain a marriage contract? What are the required documents?

Answer: All Emiratis and expatriate residents can formalise their marriages in the UAE. In the UAE, Islamic marriages are conducted according to the Sharia provisions in front of Sharia Courts, which apply in the following cases, regardless of nationality:

• Where both the groom and the bride are Muslims.

• Where the groom is Muslim and the bride is from ‘Ahl Al-Kitaab’; such as Christian.

Following are the general requirements for a marriage to be formalised in UAE:

• Approval of the bride.

• In Dubai, at least one party to the marriage contract (husband or wife) should have a residence visa in the UAE. In other emirates, both bride and groom must be UAE residents.

• A positive pre-marital screening certificate for the couple, issued by public health-care facilities in the UAE.

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For non-Muslims, marriage formalities cannot be concluded in Sharia Courts, but at the embassy or consulate of the country concerned in the UAE. Some countries require their citizens to file an application of intention to marry at their embassy or consulate in the UAE.

You are advised to check with your embassy about the procedures with regard to the documents needed and proceed accordingly. The marriage must also be registered with the embassies of both partners in the UAE and attested by the embassies of the couples as well as the UAE Ministry of Foreign Affairs in order to be used in the UAE.