Can a Divorced Parent Take Child Out of Country?

Children are precious and they are greatly loved. That is why when a divorce happens or marital relationship breaks down, they are the ones who are greatly impacted. If you and your spouse are taking a separate road, the last thing you want to happen is for your spouse to take your child out of the country without your consent. Read the rest of this article and get to know more about Dubai Divorce Law child custody.

Parental abduction cases

Parental abduction happens when one parent hides, takes, or withdraws the child from the other parent or family member. In the UAE, parental child abduction is considered to be a criminal offence. Among the most common form of parental abduction is when a parent takes their child out of the country.

It is important to note that the UAE isn't part of the 1980 Hague Convention of the Civil Aspects of International Child Abduction. Because of this, the UAE courts do not enforce or handle foreign custody orders. A child custody lawyer could further explain how this could affect your case.

Preventing a spouse from bringing your child outside the country

If you suspect that your spouse is leaving the country with your children or there is a possibility that this may happen, then you need to act fast.

Gather pieces of evidence such as emails, text or voice messages, and Facebook posts, to name a few that would support your claim that your spouse is planning to take your child away from you.

From there, you would need to hire one of the family lawyers in Dubai to help you file a travel ban on your child or children. Once you have appointed a lawyer and all the pieces of evidence were presented, the local UAE court would then proceed in assessing your case.

If your assumption is substantiated by your proofs, then the UAE court would apply a travel restriction on your child. The immigration department would stop your child from leaving the country in any UAE airport.


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Child Custody During Separation

A report was released in 2016 and it shows that one in four marriages in UAE ended in divorce. Divorce can get so ugly and emotional and the ones affected the most are the children. For this reason, it has been a constant question for many people how child custody works in the UAE especially while the divorce is still ongoing. In this case, getting an overview of Dubai Divorce Law child custody would help you make a better decision during your legal battle.

Hadana principle in the UAE

Hadana is an Arabic phrase which means, "means holding a child close to one's heart by protecting and educating." Traditionally, hadana applies to the mother. It means, by default, the mother becomes the custodian of the children while their father becomes the guardian. Lawyers in Dubai could explain this concept very well to you.

While the hadana principle is commonly practiced in the UAE, things can easily change and get complicated. There are certain laws in the UAE that could change how child custody works.

Expatriates and child custody

UAE nationals are governed by the Sharia Law. However, for expats, they have the option to apply the divorce law of their home country or rather choose to be under the Sharia Law.

This is where things can get too complicated. When the expat's home country law goes directly in conflict with Sharia Law, the latter would automatically be imposed. In this case, a divorce lawyer in Dubai can help you determine the best course of action.

According to Sharia Law, the child should live with their mother until they reach their 13th birthday for a girl and 11th birthday for a boy. If the child is at the right age, they can choose to apply for custody.


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Can New Dubai Property Owner Increase Tenant's Rent or Evict Them

Renting a property could be one of the easiest ways to find a place to stay in Dubai. After all, getting a house that you can call your own can be very expensive and perhaps, a little more complicated than just renting. Not only that, but you have to deal with Dubai rental law that can easily become overwhelming.

However, while there are a lot of advantages of renting a property, you can't deny the fact that it is still not yours. Among the many apprehension of renters is the possibility of getting evicted or having to deal with a rent increase. Many renters worry about these problems especially when the property ownership changed.

When your landlord sells the property you rent, does the new owner has the right to increase rent or worse, force you out of the property? This is a valid question that needs the right answer.

As a tenant, it is crucial for you to know your rights when things do not go according to plan. Even hiring a real estate lawyer Dubai could make a big difference in understanding your rights.

Now, if your new landlord wants to increase your rent or want you out, there are a few things you need to remember.

First of all, bear in mind that your new landlord cannot evict you instantly. By law, you should have been given a notice of 12 months prior to your eviction or as long as your tenancy contract is valid.

Moreover, it is worth noting that even if your contract has expired and you have not received a 12-month notice from the new owner, then you can still pay rent and continue occupying the property.

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Be informed - Rental Laws on Commercial Properties

Property Attorney - Rental Dispute Dubai

Renting a commercial property in Dubai means that you and your landlord should abide by the rental laws. However, if you are not too familiar with Dubai rental law, your rights as a tenant can easily be violated. Commercial lease and renting arrangements may vary widely. For this reason, you need to know more about Dubai’s rental laws.

Rental law

The Law No. 26 of 2007 as amended by Law Number 33 of 2008 or also known as the Dubai Tenancy Law regulates the relationship between tenants and landlords in the Emirate of Dubai.

It is highly recommended that you read all the stipulations of the law. However, for the purpose of this article, here are some of the key takeaways you need to know:

When you rent a property in Dubai, you should make sure you have a duly signed and valid tenancy contract that specifically outlines the purpose of tenancy, period and rental value, payment method, the name of the landlord, and location of the property, to name a few.

A valid tenancy contract cannot be terminated by the landlord or tenant alone. Both parties should agree when it comes to termination. You may file rental dispute Dubai if needed.

Once the contract period expires, the tenant can choose to continue occupying the property provided that there is no objection from the landlord. The contract shall be renewed again.

The landlord is obliged to hand over the property in good condition. They are also liable for property maintenance and repair.

The obligations of tenant include paying rent in a timely manner, not making any renovations or changes on the property without a landlord’s approval, and handing over the property to the landlord in the same condition upon the expiration of the contract, to name a few.

The rented property

In commercial lease arrangements, the property being rented is referred to as demise or premise. It is the property, area, facility, or part of a building where the tenant has an exclusive right to use.

There are different types of demise. The type of demise affects the obligation of landlords and tenants. Some examples of demises include unit demise, building demise, and licensed areas. To learn more about the difference of among these demises, you may want to speak to a real estate lawyer Dubai.

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Dubai property laws for real estate investors

Are you an investor who wants to enter Dubai’s real estate market? If yes, you need to be familiar with Dubai’s property laws. Failure to do so may lead to future regret and unsafe deals. Since real estates can be a very costly investment, it is must that you seek legal counsel from a qualified real estate lawyer Dubai.

To ensure that you make the right investment, here are some of the things you need to know about Dubai’s property laws.

What are the Real Estate Laws in Dubai?

Dubai is one of the seven Emirates of the United Arab Emirates (UAE). While the UAE has its own legislation, Dubai, as well as the other Emirates, can pass their own property laws that supplement the Federal Law of the UAE.

In Dubai, through Law No. 7 of 2006 and no. 16 of 2007, Real Estate Regulatory Agency (RERA) was created. They are the focal regulatory authority in property laws. Moreover, if you want to know the specific areas where non-UAE nationals can invest in, you should check Regulation No. 3 of 2006.

Here are other laws that you should also be familiar with when investing in Dubai:

• Law No. 8 of 2007 – this law concerns the escrow accounts for real estate development. 

• Law No. 26 of 2007 – basically, this is about Dubai rental law. It primarily outlines the rights and responsibilities of landlords and tenants. 

• Law No. 27 of 2007 – this law concerns the construction and development of multi-use properties and multi-story buildings. 

• Law No. 13 and No. 14 of 2008 – outlines the registration of mortgage interests.

• Law No. 9 of 2009 – regulates resolutions on how to deal with disputes and issues arising from the cancellation of real estate contracts. In this case, you might as well hire property dispute lawyers Dubai to help you meet legal requirements.

• Law No. 56 of 2009 – regulates disputes that have to do with settling real estate transaction cheques.

• Law No. 7 of 2013 – enacted the establishment of Dubai Land Department (DLD). 

Who can own a real estate property in Dubai?

For many years, the UAE nationals are the only ones who are allowed to own a real estate in Dubai until Regulation No. 7 of 2006 was enacted. Due to the increased interest and pressure of foreign investors, Sheikh Mohammed bin Rashid al Maktoum declared that non-UAE nationals can apply for 10 to 99 years of leases in selected areas.

If you are a foreign investor, you would need to obtain a residential permit first to live in Dubai and consequently, purchase a property. Please note that a residential permit does not allow you to work legally in Dubai.

For UAE nationals and Gulf Cooperation Council (GCC) nationals, they can fully own a property anywhere in Dubai. This is not the case with foreign investors who are only allowed to own freehold, leasehold, and usufruct properties in designated zones.

Seeking legal help

It is no doubt that the laws surrounding properties in Dubai can be very complicated. It takes a lot of effort to ensure that you understand every bit of the property law. Of course, you can study all the nitty gritty details of Dubai’s property laws or you can simplify the process by hiring the expert property attorneys of Motei & Associates. They have the right experience, training, and knowledge in handling property cases. Give them a call today!

Do I need a property lawyer to verify land clearance?

Are you planning to purchase a property in Dubai? If yes, you need to be ready to comply with the different legal requirements. While the whole process of buying a property can be done by yourself, it could easily get overwhelming and stressful. That’s why more and more people are seeking the help of a real estate lawyer in Dubai.

One of the most challenging aspects of purchasing a property in Dubai is finding the right one. You cannot simply choose the first property you could find. In Dubai, property investment can be very costly and you definitely do not want your money, time, and resources to go to waste.

Once you found a property, you would need to do a quick background check on it. Most importantly, you must verify its land clearance situation. Again, you can do this on your own, but you won’t be as effective as having a property attorney on your side.

So, how can a lawyer help you verify land clearance? There are plenty of ways and here are some examples:

• Checking for clear title papers – a title deed shows the ownership of the property. It gives the rights to the owner to use the property in any legal ways they desire. Defective titles can delay the process of purchasing a property and even cancel it. 

• Checking of property tax receipts – you do not want to buy a property with tax issues. A lawyer can check this one for you.

• Checking the authorised land use – In Dubai, lands are systematically divided. There are areas where you can use a land for a certain purpose only. For example, if you are a non-UAE national, you cannot simply buy a property anywhere. You would need to find properties in free zone or those areas assigned by the government for foreign investors.

• Checking for any encumbrance – there are different factors that may prevent a property from getting sold. For instance, if you are buying a resale property, you need to check if it has a mortgage on it or not. If the property is being contested, the court may issue a lien on it as well. There are also instances where a property does not meet local development approvals. Now, these are just some of the examples that could complicate things. Seeking the help of a legal advocate in Dubai is always a wise decision.

Ensuring that you are buying the right property is crucial in your investment. You do not want to regret your choice in the future. While you may need to pay legal fees for hiring a property lawyer, having the peace of mind is priceless.

A property lawyer can do more than just check the land clearance of a property. If you want to know more, it is highly advisable that you get in touch with Motei & Associates. They have the right experience, expertise, and market knowledge to provide professional real estate legal advice. Give them a call today!

Dubai Tenant's Right (Infographics)

The Penalty for Early Termination of a Tenancy Contract

Life is unpredictable. After a few months signing your tenancy contract, your current circumstance forces you to leave your rented property. There are things that are just beyond your control that might need you to terminate your tenancy contract prematurely. When that happens, it pays to know the possible repercussion of your decision and how an attorney in Dubai can help.

It is important to note that Law No. (26) of 2007 does not provide specific guidelines on how early contract termination should be handled. It only stipulates the relationship between a landlord and a tenant. Thus, the Real Estate Regulatory Agency (RERA) will have a few limitations when it comes to handling your problem. You may also want to review RERA laws and regulations to know your options.

In most cases, the penalties of early termination are stipulated in the tenancy contract. Ideally, before you signed the contract, you should ensure that an exit clause has been in place to allow for leniency when you decide to leave the property earlier than expected. Seek the help of residential or corporate lawyers in Dubai to add the ideal exit clause to your tenancy contract.

Please note that if an exit clause is not included, then your landlord is not legally required to let you go without any compensation. Checking your tenancy contract should give you an idea what the penalties you might face in case of early termination.

The most common penalty tenants face is not getting their security or advance deposit back. Most landlords use the rent deposit as a way to compensate with the loss they incur from your failure of meeting your part of the tenant contract.

Another penalty you might face is an immediate eviction. If you have breached the tenancy contract, the landlord could have the right to remove you from the property as soon as they want to.

Again, remember that the penalties differ from one contract to another. Thus, it is crucial that you review your tenancy contract and take note of the specific penalties written on it. If you need help interpreting your contract, speak to legal advocates in Dubai to learn more.

Why You Need a Lawyer When Buying Real Estate

Buying a real estate property could be one of the biggest investments you will ever make in your life. Thus, you want to minimize problems and avoid potential losses in the future. No wonder, more and more UAE residents are now turning to a lawyer to obtain expert real estate legal advice.

Here are some of the top reasons why you should get a lawyer when buying a property in the UAE.

Ensure property is free of any impediments

In the process of finding a property and determining when to hire a real estate attorney, it is important that you make a detailed background check. Obviously, you do not want a property that comes with easements, liens, encroachments, and other legal liabilities.

Of course, a real estate agent can do this for you. However, a lawyer has a more in-depth knowledge and capabilities to identify current and future problems that related to the property. Not only that, but a real estate attorney can effectively determine whether a person has the right to sell a property or not.

Term negotiations

A real estate lawyer is specialized and experienced in handling issues related to real estate. This means that they have the solid knowledge to negotiate terms with developers, sellers, and other investors.

Almost any agent can understand the real estate market, but it takes a legal expert to know the legal implications of buying a property.

Quicker property transfer

From preparing legal contracts to filing documents, a real estate lawyer is here to help you. The whole process of buying a property includes legal formalities that, more often than not, an ordinary real estate agent could not handle.

Take mortgage agreements and purchase contracts for example. An agent does not have the legal jurisdiction to handle such documents but lawyers or legal advocates in Dubai do. Plus, you do not have to go through the terms and conditions of your contract since a lawyer can summarize them for you and highlight important points.  

Tenant's Rights in Dubai

Planning to rent a property in Dubai? Or perhaps you are already renting a house or office space? Whatever your situation is, you need to know your right as a tenant and how Dubai rental law can affect your decision.

Whether you like it or not, there is always the chance that tenants and landlords would not be able to agree with something. So, before you sign the dotted line, it pays to know your rights and responsibilities.

Property cannot be rented twice

As a tenant, you need to make sure that your tenancy contract has been registered with Real Estate Regulatory Agency (RERA Dubai). It makes sure that the property will not be rented again until you leave it. Most importantly, it ensures that the Dubai Rent Dispute Settlement Centre (RDSC) will step in when a rental dispute Dubai arises.

No eviction for any reason

Usually, a tenancy contract would stay effective as long as you do not violate any terms and conditions stipulated in it. Your landlord cannot evict you from the property just because they changed their mind.

Contract Change notification

If in case a landlord wants to change something in your contract, he would need to send a written statement within the accepted Dubai tenant notice period (usually, at least 90 days before your contract expires). By doing so, you would have enough time to consider what to do with the proposed change.

Repairs and maintenance

Once you agreed to your contract, it is your right to receive the property in good condition. Major repairs and maintenance are the responsibility of the landlord and not you as a tenant. If the landlord decides to make renovations or changes in the property, it should not negatively affect your ability to use the rented unit.

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Buying Property in Dubai

Now that you have explored the different benefits of buying property in Dubai, you want to enter the real estate market. However, the whole process of purchasing a property can be daunting and overwhelming. From searching for a property to preparing a title deed, there are just too many things you have to accomplish along the way. Thus, it is important that you seek real estate legal advice. Apart from this, consider gathering as much information as possible before you embark on this financial journey.

Define your purpose

Decide whether you are going to use the property for personal or business. Basically, depending on your purpose, you would look for properties either in a commercial or residential area.

It is worth noting that Value Added Tax (VAT) has been recently introduced in the UAE. Thankfully, residential properties remain to be exempted or zero-rated. However commercial properties will generally attract an extra tax due to this new law.

Choose between freehold or leasehold properties

Freehold properties are properties that anyone, from any part of the world, can buy. On other hand, leasehold properties are those that you cannot buy. These properties are only available through a lease contract that generally lasts between 10 to 99 years.

When looking for properties, you might also decide whether you are going to buy off-plan or a property in the secondary market. Off-plan properties are those properties that are in the process of construction while secondary markets are those properties in resale.

Check your citizenship

Local Emiratis have almost no restrictions when buying properties compared to expats. Expats are not given the option to obtain UAE citizenship. Thus, they have to settle to buy properties in communities and areas where the law permits. Speak to a real estate lawyer Dubai, preferably who also knows Dubai rental law, to learn exactly how your citizenship status may affect your buying decision.

Searching for the property

Before you look for a property, start with assessing your needs, preference, and budget. Come up with a mental picture of what you want and understand the risks of buying property in Dubai too. Create a list of things you are looking for and then find the areas that match your list.

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Company Registration in Dubai

Dubai is among the top destinations for entrepreneurs, investors, and business owners. It has a thriving economy and its local laws and policies promote robust business growth. For many business advocates in Dubai, this country is surely a great place to start achieving your dreams.

Now, if ever you decided to form a company in Dubai, you will need to know basic information about how to accomplish this. Continue reading this post and you will gain an overview of what to expect when starting a company in this rich country.

Determine business type

You need to know the type of business that you want to start. This will dramatically direct the course you should take when forming a company in Dubai. Your business type will determine the type of license you need as well as other legal requirements you must to comply with.

Choose company structure

When setting up a company in Dubai, you have several options. However, the three most common options according to corporate lawyers in Dubai are the free zone, offshore, and onshore businesses.

• Free zone – businesses within the free zone enjoys a wide range of advantages. Foreign investors or expatriates can start a business in the free zone and gain the ability to own the business 100%. No need for a local UAE sponsor. Most free zones also provide tax exemptions on exports and imports.
• Offshore – offshore businesses are also established within a free zone. These businesses can take advantage of assets protection, financial confidentiality, risk management, and inexpensive startup cost, among others. The biggest drawback though is that offshore companies cannot directly trade within the UAE.
• Onshore – to be able to start an onshore business, a foreign investor must have a local sponsor or partner. Onshore companies are under the local legislation of Dubai. The best thing about onshore companies is that they can directly make business in the UAE and choose a wide range of business form.

Select location

Once you have prepared your legal documents, it would be a good idea to create a list of possible locations of your business. Include the cost and details of each option to determine which of them will meet your needs, preference, and budget. If you decide to choose the free zone, you can ask an attorney in Dubai for help to find the right place for you.

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Business Disputes in UAE

You want to run your business as smooth as possible. However, sometimes, it is inevitable to encounter business disputes. In the UAE, businesses aren’t immune to disputes, litigations, and lawsuits that may arise from breach of contract or unmet expectation. Thus, it is not surprising to note that legal services Dubai are highly in demand in the UAE.

What are business disputes?

Business disputes happen when there is a breach over the terms and conditions of a contract or a disagreement between two parties. Disputes may happen between two or more companies, businesses and customers, employers and employees, and even between business partners.

There are different reasons for business disputes to happen. However, the bottom line is that when a promise is not delivered or an expectation is not met, then a business dispute can possibly arise.

What are the negative effects of business disputes?

No company owner would ever want to have business disputes to deal with and for good reasons. Business disputes have a wide range and far-reaching negative effect on companies.

In the UAE, many businesses have lost valuable time, opportunities, and money because of disputes. Some even have lost their good reputation and eventually have to close down because they fail to hire expert corporate lawyers in Dubai.

In some cases, businesses are not only ended when disputes are filed but also relationships and trust.

How are business disputes resolved?

The most common methods of resolving business disputes in the UAE are litigation in the courts or arbitration. However, between the two, arbitration is more popular. The reason behind this is that the latter is more cost-effective and less stressful.

Other methods of dispute resolution are mediation and conciliation. In Dubai particularly, the Centre for the Amicable Settlement of Disputes exists since 2009. If the dispute’s claim is under AED100,000, it is most likely to be handled by the Centre. The Centre aims is to seek a settlement between the involved parties to avoid litigation.

What to do when a business dispute happens?

The best thing to do when having a business dispute is to resolve the problem as soon as possible. The main goal here is to avoid going to court as much as possible and to keep the dispute at its minimum level. Try to negotiate with the other party and find a win-win solution to your problem. To know more about how to handle a dispute, you can visit a law office.

If the dispute is serious enough and you have to proceed with a higher level of dispute resolution, then it is time to take a more aggressive approach.

Gather as much evidence as possible. Take note of the people involved and how you can use them as witnesses. Extract evidence from various resources. Take note that the UAE law favors documentary and written proof over oral testimonies.

Finally, you will be more successful in dealing with business disputes when you hire an expert commercial lawyer in Dubai from Motei & Associates. They have been helping clients win their disputes since 2002. 

Why Setup Free Zone Business in UAE

Are you starting a business setup in UAE? If yes, then you need to consider setting up a free zone business.

Free Trade Zones (FTZ) or simply free zones are special economic areas in Dubai. There are currently more than 30 free zones in the country and are home to more than 150,000 companies. The free zones were established with the aim to attract more foreign investors and to ensure the continuous growth of Dubai’s economy.

So, the big question now is, “Why should you choose the free zone of Dubai?” Here are some reasons you should know about.

Tax exemption

Perhaps this is among the most attractive feature of the free zone business. Considering the chunk of money that goes to taxes, most businesses now are seeking shelter within the free zone. Selected free zone business enjoys complete income and export and import tax exemption.

100% business ownership

Most countries would require local businesses to be owned by its citizens. For foreigners, they would need sponsors to be able to own their company. However, this is not the case in UAE’s free zones.

If you establish a business in one of the UAE’s free zones, you can own your business completely and there is no need to get a sponsor. According to some business consultants in Dubai, they consider this to be the biggest advantage of a free zone.

Generally, people can only start a company in the UAE if 51 percent of the company’s share is owned by an Emirati national. However, this is not the case in free zones. The company can fully owned by a foreigner or companies outside of the UAE.

Innovative free zone infrastructure

If you have been to one of the free zones in Dubai, you would immediately conclude that the area is designed to help businesses grow and thrive. The infrastructure around and within free zones include innovative buildings, wide roads, communication systems, and other important amenities needed to create the best possible environment for your businesses.

Easier application for residency visas

Outside of the free zone, foreigners have to go through stringent visa. However, shareholders, company owners, and employees within a free trade zone follow a special and unique residency law. For example, if you leave a free zone company before completing two years of your contract, your employee cannot place a six-month ban on you, which is something applicable to employees outside of the free zone.

To get more familiar with the labor laws, you may want to look for professional legal advocates in Dubai.

Starting your free zone business

Now that you know some of the most important reasons why you should choose one of UAE’s free zones, it is time for you to get more familiar with the legalities. Aside from seeking legal services in Dubai, you should also speak to one of the experienced and knowledgeable legal advisors of Motei & Associates. They have the right expertise to guide you through the process of starting a free zone business. 

Difference Between LLC and Sole Establishment in Dubai

There are two ways you can establish a business in Dubai. You can either choose Limited Liability Company (LLC) or sole proprietorship. Of course, before you make a decision, it would be a good idea to learn the difference between the two. Better yet, seek the help of a commercial lawyer in Dubai to ensure you cover all the bases when you start your business. 

So, here are the differences between LLC and sole establishment or sole proprietorship in terms of ownership, control, budget, liability, and existence.

Ownership

Obviously, a business that is established under the sole proprietorship scheme is owned by one person. On the other hand, LLC can be owned by multiple people or shareholders. In some cases, it can also be owned by foreign businesses, partnerships, corporations, and even other LLC entities. Dubai law firms can help you establish your business.

Control

Sole proprietors can enjoy having a full control of their business. Whatever you want to do with your business, you can do it without seeking approval from other shareholders.

For LLCs, it could be an advantage to have other people who can share their ideas. Managing a company can be complicated but with the help of multiple people who owns the business, the best course of action is explored.

Budget

It is costlier to set up an LLC in Dubai. For example, if you are going to apply for a business license, you can expect to spend around AED 17,000 (as of 2018). However, if you’re seeking to establish an LLC business, the fee can increase by as much as 30% or more. Seek the help of one of the law firms in Dubai to meet legal requirements.

While it is easier to start a sole establishment business, it is harder to sustain this business model and even raising money for the business is more challenging. With LLC, there are more people who are contributing to the company and thus, expanding your business is more attainable.

Liability

There’s a reason why LLC is called a limited liability company. A sole owner of a business can be liable for lawsuits, debts, and other obligations. So, if your business goes bankrupt, creditors may go after your other possessions.

This is not the case for LLC. Liabilities are distributed throughout the shareholders. Creditors can’t even confiscate personal properties.

When things get more difficult, you might consider hiring an experienced attorney in Dubai.

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How to Resolve a Labor Dispute in Dubai

The least among the things you want to happen is for a dispute to arise between an employer and employee. When things get out of hand, it would be good to know how to resolve labor disputes in Dubai – fast and cost-effective. Thankfully, you can always hire some of the best lawyers in Dubai, UAE.

The best way for you to patch things up between two parties is to have even some of the basic knowledge of the UAE Labour Law. Ignorance of the law would simply lead to a lot of problems both now and the future. Thus, you need to know the labor law even before signing any document.

For example, get familiar with the different laws governing public and private employees and domestic workers. Knowing which UAE employment law applies to you allows you to ensure you are not violating anyone’s right. A good piece of advice is for you to take some time reading a summary of the Labour Law.

Before exploring how to file a case in labour court in Dubai, it is always best to talk things out first. If you can come to an agreement within the personal level, a great amount of resources and energy is saved.

Now, if labor dispute isn’t avoidable, there are a few steps that you should take.

According to the Article 6 of the Labour Law, both the employee and employer has the right to file a dispute with the labour department. The same department will then summon the concerned parties and seek a resolution to the conflict. At this point, it would be helpful if you seek the right legal services in Dubai to guide you through the dispute process. 

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Why You Must Have Your Contract Reviewed?

Reviewing your contract before signing it is a common advice given to workers in the UAE. Even a better idea is to review your contract with a legal advocate in Dubai by your side. Though this is a common advice to people, not all are heeding its timeless warning.

There are plenty of reasons you need to review your contract. Here are some of them:

UAE Labour Law is quite complicated

If you are an expat in the UAE, chances are, you are not familiar with the UAE Labour Law. You might even think that the labour law in the UAE is almost the same as in your home country. However, this is not almost always the case.

Federal Law No. 8 of 1980 or better known as the UAE Labour Law stipulates the different aspects of how employees and employers should perform their duties.

Before signing your contract, determine whether you are signing a limited or unlimited contract. A limited contract is less restrictive. It typically allows you to end your contract with a 30 days' notice. On the other hand, before your break from your unlimited contract, there are different charges to pay and negative consequences you need to go through.

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Have a Labor Ban? Here's How to Lift It

If you are an expatriate in the UAE, you will observe that one of the most common concerns of your group is the labour ban. Since it greatly affects your ability to earn a living, it makes sense if you want to know more about this particular aspect of the UAE employment law.

Basically, a labour ban is given to a person who breached the terms and conditions of their contract. It prevents you from working in another company registered in the UAE. The ministry of Labour usually governs and implements labour bans. Most labour bans extend from six months to one year.

As you can see, waiting for six or 12 months can be very difficult, especially when you have bills to pay. Thus, a lot of expats who were charged with labour bans would rather find a way to solve the problem than waiting for a long period of time.

One of the ways how to lift labour ban is to approach the Ministry of Labour and ask for a review of your status. If it is not your fault that you were terminated from your employment, the Ministry of Labour will most likely revoke the ban. You may also seek legal services in Dubai to help you go through the different procedures.

Another common way expats get rid of their labour ban is finding a company that offers them a high salary. Depending on your professional and educational level, you should meet the prescribed salary limit to keep the labour ban in UAE 2018 of no effect. This provision is stipulated in the Article 4 of UAE Ministerial Order No 1186 of 2010.

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Roles and Duties of Corporate Lawyers

Dubai has been one of the top destinations for corporate lawyers who want to get the most out of their job. With many opportunities for career advancement and exposure, a corporate lawyer in Dubai could fulfill their personal and financial goals.

However, you might be asking, “What are the roles and duties of corporate lawyers?” In this blog, you will exactly know the answer to this question.

The main duty of a corporate lawyer is to ensure that every business transaction of a company is in compliance with the law while meeting its needs and achieving its commercial goals at the same time.

With this in mind, a corporate lawyer should not just have a solid knowledge of the law, but also a great understanding of what the company is all about. This separates a corporate lawyer from other law practitioners.

A commercial lawyer in Dubai must be able to conduct research on how a specific law may affect the company. He will then advise the client of possible negative implications of a transaction and how to avoid these future problems.

A good example would be the use of marketing materials during a business campaign. The company consults the corporate lawyer whether their campaign is intruding upon any intellectual property right or if it meets tax requirements.

In the UAE, some corporate lawyers may find themselves acting as a deal maker. They don’t simply give legal advice to clients, but they also represent them during court hearings, in negotiating deals, and in finding the best course of action for the business.

Thus, it is not surprising to see that a lot of corporate lawyers in the UAE don’t simply study law itself. They also take business courses that include bankruptcy, company management, economic principles, finance, business statistics, business ethics, human resource, and accounting, to name a few.

Another area where corporate lawyers and legal business advocates in Dubai, UAE are needed is when it comes to legal cases. Depending on the nature of the company, lawsuits may be filed against it. A corporate lawyer helps in preventing potential legal battles as well as working with different parties to resolve conflicts.

Corporate lawyers should be flexible in their work. They must have a reliable understanding of what the business of the company they are working with is all about. They should have the ideal corporate lawyer skills and experience to help the company operate without breaking any law.

If you want to safely operate your business within the bounds of the law, then you need the best lawyer in Dubai. Thankfully, you do not have to search far and wide. Motei & Associates provides exceptional corporate legal services to ensure your company runs smoothly. Get in touch with them today!

DUBAI TENANCY CONTRACT RENEWAL RULES

Renewing a property lease comes with different pitfalls. If you are not careful, you might end up losing money. To ensure you will not fall into any of these pitfalls, you should work with property lawyers or business consultants in Dubai.

However, for the meantime, let me share with you some of the pitfalls you should avoid when renewing a property lease in Dubai.

PITFALL NO. 1: NOT READING THE CONTRACT

Creating a contract of terms and conditions is not just for formality. It outlines both the responsibility of the tenant and landlord.

One of the most common mistakes people do is they only read their contract carefully after an issue arises. While it is true that reading the fine prints of a contract can be very tedious, it is the best way to ensure that you understand the agreement you are about to enter.

PITFALL NO. 2: WORKING WITH THE WRONG PROPERTY AGENT

Dubai’s real estate industry continues to experience incredible growth for the past few years. Thus, there have been a lot of property agents who would like to take advantage of this growth. However, it has been a mixture of competent and inexperienced agents.

For this reason, you need to be careful in choosing whom you are going to work with. If need be, look for one of the reliable Dubai Law firms to discuss your situation.

In spite of Dubai’s effort in regulating the real estate industry, there will still be hundreds of property agents who might not work according to the rules. Be sure to find a property agent who has a trade license and RERA certification.

Agents who give too good to be true offers should be taken cautiously. Those who do not have any physical office address or landline number should be considered as a warning sign.

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2018 Labour Law Changes

Employers and business owners must be familiar with UAE’s Labour Law. The law is stipulated and explained in the Federal Law No. 8 of 1980. As you can see, it’s been decades now since this law was enforced and there are various aspects of the law that needs to be polished. If you have any difficulty in understanding this UAE’s Labour Law, then it would be helpful to seek legal services Dubai.

The Federal Labour Law no. 8 includes information related to the significant rules and regulations you need to know regarding hiring, gratuity, termination, salaries, benefits, and others.

In this post, you will know more about some of the recent changes in the Labour Law and therefore, be more informed on what you must do to comply with these changes.

Refined Article 18 of the Labour Law

The current law is seen to lack refinement when it comes to employers paying their employees end of service entitlements.

In the new law, there is now an added qualification for an employee to demand a penalty from their employers. The new law also proposes that there should be a maximum cap on how much penalty is awarded to the employee.

This proposed law modification can be a little difficult to comprehend and thus, you might need some expert labour law legal advise.

Recruitment

The proposed new law encourages employers to prioritize UAE nationals when hiring new workers. The law requires businesses to hire UAE nationals for specific roles.

Unusual working arrangement

The new law seeks to clarify how employers should handle part-time and non-permanent workers. It further defines the term Secondment and determines the extent of obligations and entitlements these employees may have.

New pension system

Another proposal of the new law is to add a new pension system to help UAE national employees have a better disposition when they retire.

Additional provision for employees end of service gratuity

The employee may now enjoy pension benefit even if his/her employment was terminated for a cause. The new law goes on to say that even if the employee stopped working, as long as the reason was acceptable, will still have a claim for proper compensation.

Thankfully, there are different law firms in Dubai that can help you deal with these new changes.

Leave and absences

The paid sick leave is reduced to ten days and employees will be paid in full. However, the next twenty days would only be paid in half.

In addition to sick leave, the new law includes paternity leave and paternity pay, something that parents who have more than 12 months of tenure would enjoy.

These are just some of the most prominent changes in the Labour Law. These changes hopefully will fill in the obvious gaps from the current to the new law. Seek professional legal advocates in Dubai.

Motei and Associates has some of the best lawyers who have the right knowledge and experience to handle all employment issues in the UAE. They handle issues such as appointment, termination, benefits, codes of conduct, outsourcing, and confidentiality, to name a few. Get in touch with them today to learn more.

Procedure to Apply For Divorce in UAE

When you are having a divorce in the UAE, the last thing you want to worry about is the technicality and legality of the procedure. Divorce places so much stress and difficulties already and you would like to go through it as painless as possible. That is why you need the help of the best divorce lawyer Dubai.

One study shows that the UAE has one of the increasing rates of Divorce in the Middle East and its rate could even rival those in the West. If you are among those who are considering or have decided to get a divorce, here is a quick overview of the procedure you need to expect.

Meet with a conciliator

A conciliator is a guidance counselor who helps couples find the solution to their problem. It is worth noting that a couple in the UAE needs to first meet with a conciliator before finding legal consultants in Dubai. This is done to determine whether divorce is really the best course of action for them or there’s still hope in saving the marriage.

The following procedures applies only for UAE Nationals or Expats married to UAE Nationals.

Go to the First Instance Court

If marriage counseling didn’t work, the couple should now bring their case to the First Instance Court. During this process, one party brings up the reason for their divorce and the other will provide their reply. This process is repeated according to the discretion of the judge.

It is during this step that each party will bring evidence through the use of witnesses and documents. It would be helpful if you seek professional legal services Dubai during at this time.

Go to the Appeal Court

 After a judge in the First Instance Court passes a result, the case will then be forwarded to the Appeal Court. The case will be reviewed by three judges.

Go to the Court of Cassation

Once the case reached the Court of Cassation, both of the parties can’t provide evidence anymore. The Court of Cassation will have a final review of the case, focusing more on determining whether technical and legal processes have been strictly followed or not.

Go to the Enforcement Court

As the name implies, the Enforcement Court is tasked to enforce the result of the divorce case. They make sure that the verdict has been carried out.

On average, the whole divorce process takes about three to twelve months, depending on its complexity. Moreover, divorce in UAE for expats may take a different course. For example, the law applied to them could be the divorce law of their country of origin. Thus, if you are one of them, you need to check first with the UAE courts which law will be used in your case.

Motei and Associates provides excellent and top-rated legal services for people seeking a divorce. They have the right expertise and knowledge to help clients find the best solution to their case in a cost-effective manner.