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.

Everything You Need to Know About Debt Collection in Dubai

Do you need a corporate lawyer Dubai to help you understand debt collection? If yes, you better read this post.

According to statistics, almost 50% of the UAE residents are in debt and a significant number of them are actively looking for a loan. Not only that, but even those who are not in debt are unable to save money and find themselves in danger of being part of the statistics.
In Dubai, the story is not any different. Chances are, you might even know of someone right now who are in debt. If you fail to pay your loan, lenders will hire debt collectors and do their best to get their money back. Whether it is you or a family member, it is a must that you know how debt collection in Dubai works.

What are debt collection agencies?

A debt collection agency is hired by lenders to help them collect debts from individuals or businesses. In Dubai, commercial debt collection or recovery is a thriving economy. With more and more people are getting in debt, the service of debt collection agencies has become indispensable. Along with this, legal services Dubai have also sought after.

A debt collection agency has the right lawyers and professionals who have the skills, experience, and knowledge on how to deal with different situations involving debts.

Two types of debt recovery agencies

In a lender-borrower relationship, the first party is the lender and the second party is the borrower. In Dubai, debt recovery agencies are broadly categorized into two:

• First-party agency – in most cases, a lending company has their special group of people who specialize in collecting debts. Since these people are still part of the lending company, they are considered as a first-party agency.
• Third-party agency – when the lending company exhausted all possible means to collect a debt, they will now hire a third party agency. In most cases, the third party agency is considered as a last resort and thus, borrowers can expect that they will do their best to get back the money.

How do debt collectors work?

Debt collectors are good at what they do. They have the necessary network to track down borrowers, analyze their assets, and identify the best way to recover unpaid funds. They would also hire lawyers in UAE to get more legal backing.

In Dubai, there are different ways on how debt collectors work. These are some of them:

• Attachment – debt collectors identify land, house, vehicle or other property and consider them as a way to pay off debt.
• Levies – debt collectors identify savings account of the debtors and serve a levy to the bank. As a result, the account will then be frozen for typically 21 days until the debtor can justify the due debt.
• Wage garnishment – this works well if the debtor is employed. Debt collectors directly get in touch with the debtor’s employers and deduct the due payment from the salary.

There are more things to know about the debt collection in Dubai. So be sure you find the right law office to help you deal with recovering debt.

Motei and Associates, one of the trusted law firms in Dubai, UAE,  who have the expertise and experience to help you deal with debt collection. They assess your unique situation and provide the best solution possible.

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