The Legal System Of The U.A.E

Practitioner's designation

Advocate. Partnerships are permitted. A local advocate must sponsor any partnership.

Professional education

Candidates must be United Arab Emirates (UAE) nationals and possess a law degree from the College of Law of Al-Ain University or from a recognised Arab university. Arab lawyers with ten years' practice in another Arab country may also be admitted. Non-Arabs are now allowed to practise law in the UAE courts. Foreign law firms are permitted to establish offices but are not admitted as practitioners.

The law has recently been changed requiring practitioners to be exclusively UAE nationals. Arab lawyers who are at present licensed to practise must surrender their licence by the year 1996. However, they may still have the right of audience but in the name of a UAE practitioner.

Other professional designations

Notarial services and authentication are undertaken by the Clerk of Justice and the Registrar of Real Property, both of whom are employees of the Ministry of Justice. However, in the Emirates of Sharjah and Ras Al-Khaima these services are rendered by a Notary Public who is regulated by local laws.

In court

Separate admission must be obtained for each of the seven emirates of the federation. Advocates of 15 years' standing may be admitted to the Supreme Court.

History

The UAE is a federation established in 1971 and comprised of seven emirates namely: Abu Dhabi, Dubai, Sharjah, Ras Al-Khaima, Umm Al-Quwain, Ajman and Fujairah. The promulgation of substantive legislation is confined to the federal institutions, but local authorities may regulate local matters. Prior to establishing the UAE each of the seven emirates passed laws and regulations, including those establishing and regulating the judicial system. For example, Abu Dhabi promulgated a law in 1968 establishing and regulating the courts and Law Number 3 of 1970 dealt with procedures before the civil courts. Dubai promulgated a law establishing its courts in 1970 and Fujairah followed suit in 1969.Ajman, Sharjah, Ras Al-Khaima and Umm Al-Quwain established their courts by laws passed in 1971. Some of the local laws still continue to be in force and effect.

At the head of the federal judicial system is the Federal Supreme Court whose function and operations are stipulated in a particular federal law. The Constitution also provides for the establishment of lower federal courts. Each of the seven emirates, however, retains the right to choose either to participate in the federal legal system or to maintain its own local system. Four emirates (Abu Dhabi, Sharjah, Ajman and Fujairah) fused their local courts into the federal system. The remaining three (Dubai, Ras Al-Khaima and Umm Al-Quwain) maintain their own independent courts. These three emirates initially based their court system on a two-tier structure while on the federal level it is a three-tier system. The Emirate of Dubai, created a further tier by establishing a Court of Cassation in addition to its courts of first instance and appeal.

In the UAE establishment of civil and criminal courts resulted in diminishing the role of the Shari'a Courts. Nevertheless, the competence of the Shari'a Courts in some emirates, particularly Abu Dhabi, was later expanded to include in addition to matters of personal status, civil and commercial disputes as well as serious criminal offences. Therefore, in addition to the civil courts, each of the seven emirates maintains a parallel system of Shari'a Courts which is organised and supervised locally.

Language

The official language of all legal proceedings is Arabic.

Reading

Al-Baharna, HM. 'United Arab Emirates'. International Encyclopaedia of Comparative Law, Vol 1, 1973. Pages U53-57.

Amin, Dr SH. 'Legal Systems of the Gulf'. Lloyd's Maritime & Commercial Law Quarterly, February 1983. Pages 71-85.

Ballantyne, WM. Legal Development in Arabia. Graham & Trotman, London, 1980. 125 pages. ISBN 0 86010 167 3.

Mahmoud, Sabah. UAE Company Law and Practice. Medina Publishing, London, 1990. 230 pages. ISBN 1 873210 00 0.

Professional associations

Lawyers Society, c/o Ministry of Justice-Islamic Affairs (Awqaf), PO Box 753, Abu Dhabi, UAE. Tel: (2) 652 224. Fax: (2) 316 003.

Dubai Lawyers Society, c/o Court's Department, PO Box 4700, Dubai, UAE. Tel: (4) 285 151. Fax: (4) 624 099.

Enforcement of Foreign Judgments

by Sabah Al-Mukhtar, LLB, MA, Attorney-at-Law (practising in London)

The Federal UAE Code of Civil Procedures No 11 of 1992 ('CPC') contains the rules on conflict of laws and private international law provisions. The Civil Code No 5 of 1985 also contains rules on conflict of laws and private international law provisions (Articles 10-28). However, the CPC sets out the process to be followed for enforcement of foreign judgments, orders and instruments.

Article 235 of the CPCestablished the principle that foreign judgments, orders and instruments may be enforced in the UAE under the same preconditions attached to them in the country of origin. It also provides that the enforcement process is commenced by means of an application to be made to the court of first instance in whose jurisdiction the enforcement order is being sought.

The application made in this instance is the same as that of commencing an ordinary suite before the court. That involves all the normal formalities such as a statement of claim, registration, payment of fees, procuring a writ of summons.

Before the court makes the enforcement order it must be satisfied that a number of conditions are met. These, inter alia, include:

a. the UAE court did not itself have the competence or jurisdiction to hear the case and that the foreign court was the proper court having the locus standi under the law of the court;

b. the foreign court had the jurisdiction and competence to hear and decide the case;

c. the parties were properly served and represented in the hearing;

d. the judgment is based on the merits, in conformity with the lex fori and is final (res judicata); and

e. it was not contrary to UAE public policy or to a previous UAE court judgment.

Article 238 of the CPC provides that the provisions of the code in this regard will be subject to any treaty that the UAE is a signatory to. The UAE is a signatory to the regional Arab Judicial Treaty of 1983 (otherwise known as the Riyadh Treaty) to which the 21 Arab countries are signatories. The Treaty affords favourable treatment to decisions of the courts of the Arab member states by treating such judgments as domestic and are automatically recognised in the UAE.

How to get Labour Permit for a firm in UAE

Once the firm has got the license and a computer card the next step would be Labour Permit. The company would require an approval from MOL to get labourers skilled/unskilled to UAE.

B1-Group Labour Permit

Definition

It is a service provided by the Ministry to any firm wishing to bring in more than 50 workers without the need of giving individual details in the first stage. The company should give details of number of workers, nationality and the profession. After approval the company will be granted a period of six months to complete formalities for the approved group labour permit.

Implementation Stages

Stage 1: Approval of group permit

Stage 2: Submission of individual labour permits under an application called (approval for completing the group labour permit procedure)

Stage 1: Approval of group permit

1. Submission of an application mentioning nationality, profession, gender and number of people, along with the prescribed fees and required documents for the approval of group labour permit.

Application Form

Application for group labour permit

Conditions

• The company will present documents justifying the need for workers (e.g. list of projects, building permits, contracts, etc.)

• The company must have a clear track record free of any violations. Specifically, it must fulfill the following:

 No labour cards un-renewed for more than two months or labour permits un-renewed for more than six months

 The salary security reports need to be submitted (as per the requirement of the Ministry).

 Its record is free from persistent group labour disputes arising from unpaid wages, lack of suitable accommodation, or any other employer obligation stipulated by law.

It should not have employed illegal workers of any kind or if the trade license has not been renewed for two months then they should not have any workers employed in that firm.

• The other firms of the owner must not have on records any labour cards not renewed for 3 months or labour permits not renewed for 6 months or any violations registered against it.

• The authorized person should have a digital signature card

Documents Required

• A valid trade license.

• List of projects as per the contract should include the name of parties, subject, budget of the project, starting date, ending date and service / quality level.

• Copies of contracts, duly translated if in a foreign language, and attested according to Ministry’s regulations, if they are sub-contracts.

• Copies of building permits from the municipal authorities (if the firm is contracting company)

• Copies of ownership or lease agreement for office or workers’ accommodation (for existing workers)

• Copies of ownership or labour accommodation lease agreement (for workers to be imported as per group permit). It is required to indicate the number of rooms and whether they are suitable to accommodate the workers, together with photographic illustrations. In case no accommodation is available, the Ministry may, on approval by the Undersecretary or Assistant Undersecretary, accept an undertaking from employer to provide the same. After the final approval, the permit will be granted subject to the satisfactory report from the Inspection Department.

• List of company’s machinery and vehicles which can also includes transportation rental contracts mentioning the number of buses which need to be approved by the traffic Dept.

• Settlement of expired labour cards, labour permit and license of other firms owned by the applicant attested from Labour Establishment.

• A sketch drawing of firm’s site and workers’ accommodation, along with photos of the company and facilities.

• Company’s pay-roll for the last two months (excluding the month the application is filed and for the month preceding it).

Steps to Follow

1. Type the group permit application for submission, together with the fees and necessary documents (no application will be typed for group labour permit if the firm has any violations as per the records in the Ministry).

2. The application would be approved and attested by the Ministry with an undertaking letter stating that the owner /authorized person would submit all the required documents and abide to all the conditions necessary for the completion of group labour permit procedure.

3. If all the documents and conditions are fulfilled, the application is typed with following documents attached:

 An undertaking by the owner that he takes responsibility of fulfilling all conditions and documents required for group labour permit.

 A statement mentioning work details and percentage of worker.

4. Submit the application with required documents at the counter in the Inspection Department at the Ministry HQ in Abu Dhabi or Dubai or the concerned Labour office.

5. The application is vetted, scrutinized and checked for complete documents . The following documents need to be submitted:

 Statement mentioning work details and percentage of work.

 Copy of contracts (translated in Arabic) and attested as per the requirements of the Ministry in case of sub contract. Copy of building permit needs to be attached if it is a contracting company.

 Copies of ownership or labour accommodation lease agreement (for workers to be imported as per group permit). It is required to indicate the number of rooms whether there are suitable to accommodate the workers together along with photographic illustrations. In case no accommodation is available the Ministry may, on approval of Undersecretary or Assistant Undersecretary, accept an undertaking from the employer to provide the same on approval of group labour permit.

6. The applicant will be given a receipt for the submitted documents and it will mention that he will have to provide any other document if necessary (on request by the staff at Ministry counter).

7. Once all the documents are completed, the firm is notified for the date of inspection to assess the volume of work and ensure the firm’s compliance with inspection conditions. The Inspection Department will then submit its report.

8. The application will then be referred to the Permits Committee for processing and would be either approved or disapproved based on documents and the inspection report. The application then is referred to the Assistant Undersecretary for the final approval.

9. Following the final approval / disapproval the application is referred to the Permit Dept’s. Counter for issuing a letter of approval or apology incase of rejection. If approved the applicant is informed to pay the fees in one installment and to submit individual labour permit.

10. If the approval is subject to any conditions specified by the Inspection Department, the applicant needs to fulfill this condition (before the payment of fees is done).

Where to Apply?

All applications will be submitted to the Inspection Dept. at the Ministry HQ in Abu Dhabi or Dubai or the concerned Labour Office.

Fees

Documents Fees (in Dirham)

Group Labour Permit Application Category A Category B Category C

200/worker 200/worker 200/worker

Salary overdue for more than one year cannot be claimed as per UAE Federal Labour Law

I worked in a company for more than three years. Almost one month ago, I submitted my resignation from work upon obtaining a better job; I worked for the company for salary and commission basis. I had not received my salary for more than a year. I used to receive my commission and company told me that I would be paid in full at the end of my limited contract, which has expired. I asked company for my end of service gratuity which includes my commission, tickets, leave arrears and overdue salary for almost 13 months. At present company is delaying the settlement of my rights. I turned to the Ministry of Labour where the legal researcher told me that as per the law I may not demand the company to pay the overdue salary which are from more than one year back, however the other rights may be claimed especially since the company is currently the said salary. Is there an article in the labour law entitling the employer not to pay salary over dues for more than one year although the employer was delaying the payment of such salary and used to promise every time, witnessed by my colleagues, that he would pay the said salary once the companies condition improves and, finally, he promised to settle this matter upon the expiry of the contract. Can I use my colleagues in the company to testify before the competent court for obtaining my overdue salary? Please advice and guide me so that I can get my overdue salary along with my labour rights.

Article 6 of the Federal Labour Law No8 of 1980,which states that no claim for any of the rights provided for in this law shall be heard if brought to court after the lapse of one year from the date of accrual. There for, the questioner may not claim for the overdue salary from more than one year ago. However the questioner may claim the remaining right stated by the questioner pertaining to the end-of service gratuity on the basis that it becomes due sa soon as the contract expires.

Answer By Advocate Mohammad Ebrahim Al Shaiba

Article 6 of the Federal Labour Law No8 of 1980

Without prejudice to the provisions concerning the collective labour disputes, stipulated hereunder, if the employer, worker or any beneficiary thereof lodges claim concerning any of the rights occurring to any of them under this law, he is required to apply to the concerned Labour Department, and the latter shall call both parties and will take whatever is considered necessary for settlement of dispute between them amicably. But if amicable settlement has not been reached, the said department must refer the dispute to the competent Court within a fortnight from the date of application being submitted to it. The case so referred should be accompanied with a memo giving a summary of the dispute, evidence of both parties and the comments of the Department.

Within three days from date of receipt of the application the Court will fix a hearing for the case, and a summon to this effect will be served upon both parties of the dispute. The Court may request a representative to appear for the Department of Labour to explain the contents of the memo submitted by it.

In all cases no claim for any rights due according to the provisions of this Law will be heard after lapse of one year from date of its maturity, neither will the action be heard if the procedures provided for in this Article have not been complied with.

Bread to be sold by weight from October in UAE - Each KG to cost Dh2.50

Bread will be sold by kilogramme and not loaf across the country starting from October.Under the revised standardisation, bread will be sold Dh2.50 per kilogramme, significantly lower than current prices, reported Gulf News.Currently, bread is sold by loaf with prices starting from Dh2.

The newspaper quoted Dr Hashim Al Nuaimi, Director of the Consumer Protection Department at the Ministry of Economy as saying a team will rigorously monitor quality and prices of bread sold in the country.

The department has already informed all bakeries about the move. Bakeries will have to adhere to new specifications in moisture, dough and weight, he said.

Some bakers add more water to the dough so that bread gain weight although it reduces shelf-life.The new strandards, he said, is being implemented to ensure consumers get good quality bread at affordable prices.

Dubai UPS Cargo Plane Crash Video