Question 1 – A lady from Dubai asks: I am an employee in a company with a salary of Dh10,000 plus accommodation, can I sponsor my husband, who is currently in Dubai on a visit visa, and my two sons? In case of visa approval for my family, can we proceed with the visa process here in the country without the need to leave the UAE for changing the visit visa to a resident visa? Can this type of visa be done for two years? Please advise.
Answer 1 - I would like to clarify to the questioner that the Dubai General Department for Residency and Foreigners Affairs requires the following:
1. The wife shall be an engineer, or doctor or a teacher.
2. The basic salary shall be either Dh4,000 or Dh3,000 plus accommodation.
If you work in other than the above listed professions, you shall make a petition to the department to exempt you from this requirement, thus, the said department will decide on this request and pass its resolution of acceptance or rejection. In case of acceptance, the basic salary in this case shall be Dh10,000 or Dh9,000 plus accommodation. Finally in case of the residence visa approval the questioner can do the new visa process in the UAE and there is no need to leave the country. This visa is issued for one year only and is renewable.
Question 2 - A questioner from Dubai asks: I am a Muslim woman; two months ago, my spouse died in Dubai. I have two sons as well as my spouse’s father and mother. My question here is who is the rightful heir of my husband’s legacy and what is the court procedure and duration? Are my spouse’s parents entitled to inherit from the husband’s fortune? Please advise in this regard.
Answer 2 - I would like to clarify to the questioner that at first, she shall ask the Sharia Court to issue a Decree of Distribution, as the questioner shall provide two Muslim witnesses before the court, who are required to be aware of the deceased person and his family members so as to explain to the Sharia Court who the deceased’s relatives are. Therefore, the court will issue a Doctrinal Certificate within two days from the date of application in which it will state the rightful heirs of the deceased. As for the question on the deceased parents’ right of legacy, in accordance with the Islamic Sharia, the deceased’s parents inherit along with the questioner and her two sons.
Compensation for death at workplace
Question 3 – A woman asks: My husband worked in a contracting company for more than two years. Two months ago, my husband died at work. When I asked the company for the end-of-service gratuity as well as compensation for the death of my husband due to his work, in accordance with the law, they told me that I am not allowed to get end-of-service gratuity as well as compensation for injury at work place. Please advise me what to do and let me know my legal status as per Labour Law in this regard. How much is the amount due for the death and how is it calculated?
Answer 3 - I would like to clarify to you that the Federal Labour Law no. 8 of 1980, article 149 states the following: “Where a worker dies as a result of an employment accident or an occupational disease, the members of his family shall be entitled to compensation equal to his basic remuneration for 24 months: Provided that the amount of compensation shall not be less than Dh18,000 or more than Dh35,000. The amount of compensation shall be calculated on the basis of the last remuneration received by the worker before his death. The compensation shall be distributed among the deceased worker’s dependants in the accordance with the provisions of schedule 3 attached to this Law.
For the purpose of the provisions of this article the expression “deceased worker’s family means such of the following persons as were wholly or principally dependent for their subsistence on the deceased worker’s income at the time of his death;
A the widow or widower;
B the children, namely
1- sons who are under 17 years of age, and also sons who are regularly enrolled in educational institutions and are under 24 years of age or who are mentally or physically incapacitated for earning a living. The term “sons” includes the sons of the husband or of the wife who were in the deceased worker’s care at the time of his death;
2- unmarried daughters, which term includes unmarried daughters of the husband or of the wife who were in the deceased worker’s care at the time of his death;
C the parents;
D The brothers and sisters, subject to the conditions prescribed for sons and daughters.”
Therefore, as per the Labour Law, in addition to the above article, the deceased worker is entitled to the end-of-service gratuity as well.
Readers’ questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants