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How To Get Trade Licenses In Dubai – 10 Legal Steps To Follow

We all know that Dubai is a center of attraction for people all over the world for its lavishing lifestyle, glittering nightlife, and professional business activities. Investors, business owners, and employees in Dubai belong to different nationalities, races, religions, etc. Everyone is making a great fortune for themselves considering coming to Dubai for various reasons. One thing is certain, Dubai is amazing for its booming business and incredible trading opportunities.

This is one of the major reasons why business owners from all over the world are considering Dubai as their base for the incredible amount of trading options. In this light, I want to inform the readers that more than 55,000 new trade or business licenses have been issued in the past year.

What is a Trade License in Dubai?

A trade license is a legal document given to a company or business owner for carrying out legal business operations in Dubai and other Emirates of the UAE. The Department of Economic Development of the United Arab Emirates is an authorized body for issuing trade licenses to anyone planning on opening a business.  

Once you have fulfilled all the requisites required by the Department of Economic Development, you will be issued a valid trade license in Dubai. Using this trade license, you can carry out several import and export activities with the license.

If you are planning to open a business in any Free Zones in Dubai, you are eligible to get a trade license in Dubai. Moreover, it is also important to note that companies offering industry-specific services are also eligible to apply for Dubai Trade License without any hassle.

Types of Trade Licenses in Dubai

When you have planned to get a trade license in Dubai, it is vital to note that you are not allowed to get into all the categories, but only these categories exist from which you can choose easily;

  • Commercial Trade License
    The first is a commercial trade license required for the ones participating in the trade activities. In this type of trade license, the business includes exporting, importing, brokerage services, trading products, and rental activities.
  • General Trade License
    General Trade License is another important and required for operating general trades. These trade activities include imports and exports.
  • Professional Trade License
    The next that comes in the line is a professional trade license. It is a type of license for professional individuals offering a special set of services. The professional trade license brings a great set of benefits to the table, i.e., the license holder can sell their services to governmental bodies and authorities and make lucrative contracts.
  • Industrial License
    The next in line is industrial licenses for businesses running industrial and manufacturing operations in the UAE. This trade license is particularly for you if you are a manufacturer inside the UAE, and it also allows you to open your industrial office space inside the country.

10 Steps to Get Trade License in Dubai, UAE

If you have prior experience beginning businesses in the UAE, you may know the process to get a trade license in Dubai. But before entering the battle on your own, if you’re new, it’s advised that you seek advice from the professional lawyers at MAAF Legal, the leading legal firm in Dubai. If you decide to take the plunge alone, you may follow advice from corporate law firms in Dubai, which is broken down into these easily riveted steps.

1. Select Business Area & Name

The foremost step, to begin with, is to determine which area or business jurisdiction you are planning to open your business in. Business investments must be made carefully, and when choosing Dubai as your business operation center, you should select it beforehand. The business jurisdictions in Dubai are Mainland Dubai, Free Zones, and Offshore Companies.

Moreover, the next thing to undermine is the business name, which is another crucial thing for setting up your company and obtaining a trade license. So, you must consult to a legal advisor in Dubai at Mai Alfalasi.

2. Be Clear on Your Business Legal Framework

The next is to be clear on your business legal framework. It is a vital aspect to obtain a trade license in the UAE. In this legal framework, you will describe the functioning and operations of your business and the key liabilities of your enterprise. In order to obtain a trade license and structuring a legal framework, you can take assistance from the best legal counsels in Dubai.

3. Describe Your Business Activities

After deciding on your company’s name and legal form, you must specify the commercial operations you want to carry out. Each trade license enables a maximum of 10 activities, so be sure to mention all of your activities on the license.

4. Plan to Get Initial Approvals

The next important thing is to get initial approvals for registering your business as well as obtaining a trade license. The initial approvals from the Department of Economic Development in Dubai will be obtained. For this, you will need to fill up a form or application.

5. Prepare a Memorandum of Association (MOA)

Another vital step to perform is the preparation of the memorandum of association (MOA). In order to obtain a trade license in Dubai, preparing MOA is highly important. For this, you will also need to get the services of a legal representative to carefully and properly draft this document.

6. Collect Important Documents

The next important part is to collect some important documents before moving further with a trade license. This is where you may require external approvals. Also, be mindful of the fact that you will need to research the correct business formation process. Failing to fulfill the requirements will result in a rejection of your trade license form.

7. Finalize Your Office Space

Because the rental agreement and EJARI are required to get the trade license from the DED, you must find an office space. You can choose a virtual office if you don’t require a real office location. But either way, you must fulfill this step to move forward with your trade license.

8. Submission of Documents to the DED

There are some weighty documents from the DED that must be submitted. The following is a list of the documentation you must provide to the DED:

 

  • Clear copies of shareholders’ passports.
  • Initial approval document from the DED.
  • DED application form.
  • Memorandum of Association (MOA).
  • Tenancy contracts and EJARI

9. Submit an Application for Trade License

Now that you have prepared all the documentation followed the process, and decided on the business location, moving forward with applying for a trade license is the next thing that comes up in line. This is where you will need to submit all the documents and other materials to the DED to obtain your trade license.

10. Pay the Required Dues

Keep in mind that obtaining a trade license is not free. In order to obtain your license, you must pay both the licensing fee itself and the issuance fee.

The Final Words

If you’re looking for professional help, you’ve come to the right place. Our team of expert lawyers and advocates at MAAF Legal will take care of all your business needs before and after company formation. So contact us today, move successfully with your company registration, and obtain a legal trade license in Dubai.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
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  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
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Monday to Friday

CategoriesLegal,  Legal Laws

New Emiratization Requirements In 2022

If you own a company with more than 50 employees in the United Arab Emirates, this article is for you!

As per the requirements of the UAE Ministry of Human Resource and Emiratization (MOHRE), all companies with more than 50 employees must hire UAE Nationals as a part of achieving the Emiratization target in the private sector.

According to the law firms in Dubai, this law has been passed under Article 2 (1) of the UAE MINISTERIAL RESOLUTION NO. (279) OF 2022 “Establishments registered with the Ministry employing more than 50 workers, shall increase their current Emiratisation rate from high-skilled jobs by 2 percent annually gradually raising the said rate to 10 percent by 2026”.

                                          DEADLINE: JANUARY 1, 2023

The targeted percentage of Emiratisation in establishments shall increase gradually by 2 percent as of 2023 until achieving the desired rate of 10 percent by 2026.

The new Emiratization requirements take effect on 1 January 2023. Penalties for those companies that are not compliant with the requirements will be imposed from such date. Accordingly, as from January 2023 non-compliant companies will be fined AED 6,000 per month in respect of each UAE national employee below the minimum requirements.

The prescribed Emiratisation percentage shall be calculated based on the total number of UAE nationals working in the establishment in relation to the total number of skilled workers, provided that at least one citizen shall be employed against every 50 skilled workers or part whereof, for each year of implementation, as follows:

Number of Skilled Workers in Establishments Employing More Than 50 Workers Minimum Employment Rate of UAE Nationals
0 to 50 skilled workers One Citizen
51 to 100 skilled workers Two Citizens
101 to 150 skilled workers Three Citizens
More than 151 skilled workers One citizen for every 50 skilled workers or part whereof

IF YOU ARE FACING HURDLES IN COMPLYING WITH THE LAW AND YOU NEED ASSISTANCE from a legal advisor in Dubai IN RELATION TO THE IMPLEMENTATION OF THIS LAW, PLEASE CONTACT OUR LAW FIRM -MAI ALFALASI ADVOCATES AND LEGAL CONSULTANTS, DUBAI, UAE TO HELP YOU COMPLY WITH THE LAW!

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal,  Legal Laws

Cyberbullying Laws & Regulations in the UAE

Technological advancements have taken over our world by storm. The contemporary technology and advanced concepts of today’s world have enabled millions to grow their connectivity and have different mediums to leverage. These advancements and modern enablement are happening today faster than ever before, and the drawbacks have followed them.

The excessive use of the internet, coupled with modern technology, has enabled people to be involved in several illicit activities, including hacking, cyberbullying, harassment, fraud, etc.

The basic understanding of cyberbullying revolves around targeting or threatening people online, irrespective of their gadgets. This includes targeting, molesting, threatening, scamming, or harassing. From sending text messages to someone, pranking someone’s cell phone, harassing online on social media or gaming platforms, spreading false information about someone, bullying another user, sharing someone’s pictures or videos without their consent, etc.  

The effects and outcomes of cyberbullying include increased anxiety and stress, surging mental issues, becoming a victim of depression and distress, and observing low self-esteem. Moreover, the effects of cyberbullying are also highly fatal, leaving a person with long-lasting and unending emotional trauma and pain. So, it is exponentially important to realize how to curb the harmful effects of cyberbullying.

However, when we talk about the UAE and its policies and regulations that the authorities and government are taking, we understand how concerned the regulatory bodies are in the UAE about curbing the damage caused by cyberbullying. Getting assistance from corporate lawyers in Dubai will help you strengthen your case if you’ve been a victim of cyberbullying and want to have the culprits punished.

Understanding Cyberbullying

Using technology in the wrong way leads to the devastating act of cyberbullying. Technology becomes a medium of this abuse through these two ways;

  • The first way how technology becomes a powerful medium of cyberbullying is when people are being targeted even when they are not aware of the damage being done.
  • The other is when someone deliberately abuses technology to take advantage of and commit acts on others which fall under the banner of cyberbullying.

So, it is essential to learn how cyberbullying is increasing and children, teens, and mature people belonging to all age groups are increasingly becoming victims of cyberbullying.

Is Underage Access to Technology a Concern?

According to legal advocates in Dubai, underage access to technology, gadgets, and social media platforms has increased concerns. There should be an important consideration of a child’s minimum age before they should be granted some access to social media platforms. Despite the guidelines and regulations in place, technology has still enabled children to access almost everything.

In the United Arab Emirates, telecommunications carriers have been authorized and given complete liberty to block digital content which breaches them. Annex 1 of the Telecommunications Regulatory Authority’s Internet Access Management Policy is in place to which the telecommunication regulations can refer. If they find a breach, they can block the content for good. This contains blocking all the content that is illegal and offensive to the UAE’s policies. There aren’t any specific age requirements to block this content, anyone can block the content coming from a generic social media website.

Laws & Penalties Regarding Cybercrime in the UAE

The UAE has never taken cybercrime and its happening lightly. With this being in regard, recently, a new law has been issued to tackle the challenges and difficulties arising from the surging cybercrime, false news spreading, and false accusation. The new law has been issued in light of the Federal Decree-Law No. 34 of 2021 concerning cybercrime law. The newly implemented law has replaced the previous Federal Decree-Law No. 5 of 2012.

The new law focus on defamation, which is at the core of cybercrime happenings. It is a vicious criminal offense and does not get any severe provisions within the Penal Code of the earlier existing Federal Law no 4 of 1987. An example of this can be taken from Article 138 of the Penal Code, which stipulates that punishment of fine and prison term must be on a person who publishes any means of publicity news, comments, visuals, pertaining to secrets of people’s private or familial lives even if the same is true.

Another cybercrime law concerning the involvement of technology can best be understood through Article 20. It focuses on dealing with slander in the broadest of terms. It says that if cybercrime is a committee with the involvement of technology as prescribed by the Islamic Shariah, this cybercrime involves the insult, contempt, or threat to any third party using any digital or technological stream that will have to bear the consequences. The jail term and fine can be AED 250,000 to AED 500,000.

On the other hand, Article 16 of the cybercrime states that when a perpetrator to action could be considered extortion. This person will be punished for two years and have a fine imposition of AED 250,000 to AED 500,000. They could be punished with either of the two penalties.

Moreover, it was clearly mentioned in the cybercrime law that the act of bullying is to extort money from any party. The one will be considered an offender of this crime and have to bear all the punishments in terms of fines and jail terms.  

Rules about Sharing Pictures without Someone’s Consent

If you have taken someone’s picture and are threatening to share it without the person’s consent, there are strict laws that you need to be mindful of. Even if you are in a good relationship with each other and clicked pictures and in bad terms have shared or leaked the pictures, the victim party has an entire right to file a case in light of these laws mentioned below;

  • According to Article 17, the cybercrime law prescribes that when a person establishes or operates a gadget or other electronically operated site and shares pornographic materials or related to this will have to bear a severe punishment of a fine not less than AED 250,000 and not exceeding AED 500,000. Furthermore, there are more strict laws and rules regarding this and have their jail term and fine terms.
  • Article 18 says that if a juvenile shares pornographic material using an electronic information system or any other tool that is connected with the government and authorized will be imprisoned for at least six months and have to pay a fine sum of AED 150,000 to AED 100,000. The jail term and fine will also remain the same for a person younger than eighteen.

The Final Words

After reading this article, it becomes clear that the controlling authorities in the UAE have strictly imposed laws and actions on cybercrimes and cyberbullying cases. The laws and regulations are in place because the internet has many content types, and technology enables our world to become part of these cyberbullying activities. Hence, laws concerning them will help control people from indulging in cyberbullying and ensure the safety of others.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal,  Legal Laws

5 Proven Ways to Evade Contractual Disputes in Dubai

Contracts are legal documents that contain and bind the legal terms, conditions, clauses, and agreements related to a certain project or deal. The need to have contacts is not limited to some businesses. Still, nearly all business natures have contracts that must be made in the first place before conducting any business activity.

Many types of contracts may get into disputes and further escalate the matter. These include but are not limited to business contracts, unit price contracts, bilateral contracts, unilateral contracts, implied contracts, employment contracts, property contracts, material contracts, cost-plus contracts, adhesion contracts, reimbursement contracts, and unconscionable contracts.

The need to agree to a contract arises for various business natures. From various industries and business niches, including engineering, sourcing materials, construction, etc. The fundamental need to create a contract is to avoid disagreements and misunderstandings. However, sometimes avoiding contractual disputes nearly becomes inevitable because the two parties do not agree to either side’s statement, adding more to the tension and disputes.

The people agreeing on a contract are generally aware of the clauses that are included in the agreement. And in the beginning, both parties accept them without any difficulty. But as time passes, the need to establish the same relations similar to the ones in the beginning may become an insurmountable peril. However, a general opinion is bound to prevail that if the contracts are made clear in the first place, none of these disagreements will occur at any time.

When contracts may go into dispute, there are ways with which one can timely take measures by seeking legal assistance from top-notch legal advisors and consultants at law firms in Dubai. Taking advancing measures and timely precautions will help you take steps which will help in preventing the conflict from escalating.

5 Ways to Avoid Contractual Disputes in Dubai

Looking for help in legal services in Dubai from an expert law firm in Dubai is of fundamental significance as it gives you the correct process and strategy needed for settling your contractual disagreement. The highly experienced attorneys at Mai Alfalasi will assist you with staying away from disputes by making the necessary process amendments that legally bind you with the rules and regulations in the UAE’s Federal Laws. Having said this, here are the five methods for staying away from contractual conflicts in Dubai.

1. Writing the Contract Cautiously

The foremost part of avoiding contractual disputes is to create, write, and make the contract with great care and ensure all the cautions. A lot of people don’t take it to notice and instead try creating the contract themselves. This can be done, and not everyone is appropriately aware of what needs to be added to avoid future disagreements. This is where getting assistance from Dubai’s most sought-after lawyers and advocates will certainly help you include all the important clauses that protect the rights of both parties.

Moreover, including a legal consultant from in contract drafting will help you negotiate and ultimately reach an agreement. As they have been a part of contract creation, they will be able to create an agreement between the parties.

2. Assessing the Contractual Agreement

Not just creating the contract is essential, but evaluating it, reading every clause, and analysing the possible effects and benefits on you will need to be determined through this contract evaluation. Here if you have created the contract yourself and it doesn’t involve legal counsel, getting it reviewed by a professional attorney will give you an extra edge as they will highlight any area that must be included and detailed. This is how you will also be able to understand if one clause doesn’t contradict another, creating legal trouble for your business.

3. Explaining the Contract Beforehand

The next part comes where you must explain the contract to the other parties in the agreement. This is what will help you evade any unprecedented circumstances and later disagreements. The legal representative will ensure to explain the criticality and reason for the inclusion of all the disputes and jargon to understand the contract beforehand so that all things are transparent and clear in the beginning and no disagreement has arisen in the longer run. 

Business owners mostly don’t have an understanding of the legal clauses and what they mean and can lead to. This is where the need for an attorney becomes paramount. A contractual lawyer will explain all the details, make two or more parties easily comprehend the agreement, and add clauses to avoid later unsettlement.

4. Don’t Forget About the Mandatory Clauses

Not all businesses change the terms, statements, or clauses in the agreement, which is a horrendous slip-up anyone can commit. It is profoundly amateurish not to know the standard contracts that would, in a real sense, change the game for you. For the most part, parties consenting to an agreement don’t read, understand, and evaluate the implications of the contract, which ruins the situation and further deteriorates it.  

This is where having a transparent and clear comprehension of your standard business contract is of vital importance. For this, employing a lawyer capable of drafting agreements would be a wise step and would save you from future hassle.

5. Obligations Must be Clearly Mentioned Upfront

Another thing that is exponentially important is the need to state and mention all the obligations upfront in the contract. This helps you avoid further disagreements and disputes and wouldn’t raise concerns for either side in an agreement.

Even legal firms urge every business owner and individual entity planning to create contracts that adding obligations and clearing them upfront is a highly proactive and necessary step. This clarifies both parties what they should expect from the other and whatnot.

The Final Words

So, after reading this write-up, it becomes clear to some extent that avoiding contractual disagreements, conflicts, and disputes in the UAE is possible only if everyone takes the right measures and ensures that all processes are being done in the right manner.

Maaf Legal is the leading legal and law firm in Dubai, with a team of certified, qualified, and experienced lawyers in UAE. They hold incredible and proven expertise in different areas, including contract drafting and resolving contract disputes. If you need any assistance regarding contractual disputes and resolution, contact us and get the best service from top-level lawyers.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal,  Legal Laws

Employers Cannot Retain Your Passport – Know the Rules

When we see UAE and singularly visit Dubai, the dream of living in a big city, exploring better job opportunities, and finding a better one to make handsome earnings for yourself is what inspires most individuals in today’s world. However, not everything is as colorful as it seems from the outside. There are some hard instances that one needs to know beforehand to remain adequately aware of the rules and regulations. While there are tens of thousands of great employment opportunities, there is a plethora of rules and regulations that aspirants must know so that they don’t get scammed or coerced by their employers.

And when we see the fancy job titles, lucrative packages, and perks, there are some deciphered truths that we should know to prevent later difficulties. One thing that remains a top to discuss and ponder is the retaining passport of employees that remains nonlegalized in the UAE. Yet, there are numerous examples and stories where the employees have had no choice but to give up on their passports to their employers.

This is what enfeeble the status and working demeanor of the expatriate workers. The authorities and government of the UAE have clearly explained and have developed and implemented laws that no employer can hold the passport of their employees. However, hundreds of thousands of employees give up their passports and national identities to their employers for the sake of their job, hence making them more vulnerable.

The International Labour Organization’s convention has presented the dissolution of forced labor and condemned forcible work. However, some subjections in the legal system allow employers to take the passport under some conditions. Moreover, the Ministry of Interior has also published circular no. 267 of 2002, which clearly states and prohibits employers from confiscating the passport or any other form of identity. However, if you have been a victim of this, contacting the best legal consultant at MAAF Legal would help you take a bold and robust narrative in legal pursuance that saves your job and right as an expatriate.

Everything to Know about Handing Over Passport to Employer

According to best law firms in Dubai, several things are happening in the UAE. One primary thing that must be discussed is employers taking custody of passports and important documents by force. While there are several things to be mindful of and need to learn, learning about your rights regarding giving up on the passport is one major thing to learn.

While we already know that in 2002, the Ministry of Interior passed a law that clearly instructed that no one is allowed to give up their passport to their employers, and the passport owner must have it all the time. Still, there are several instances where employers ask for and retain the passport and other vital documents for unexplainable reasons. So, it is essential to be aware of the actual story behind that clearly instructs everyone to give up their important documents.

What to Do When Employer Asks for Employee’s Passport?

Whenever your employer asks for your passport, the right way is to say ‘No .’A good way is by saying a no which should follow an explanation stating that you are well too aware of the UAE’s Labour Law. Reiterate that it is entirely illegal and unprofessional to ask for an employee’s passport when it is clearly being inculcated in the law.

Mention to your employer that the Ministry of Interior of the UAE published circular no 267 of 2002, which explicitly prohibited every employer not to ask for an employee passport. Moreover, it is declared illegal, and the law obliges the owner to have their identification documents, including passports, at all times. In addition, only government officials have the right and power to confiscate the passport of any individual, as mentioned in the provisions of the law.

When Can I Hand Over My Passport to My Employer?

While it is clearly mentioned that retaining employees’ passports until they are working is completely illegal. It is important to note that there are some provisions and conditions in which employees must hand their passports to their employers. However, it is only for a brief time and under certain conditions such as;

  • Suppose you are visiting the United Arab Emirates on a visit visa to find the right job for yourself.
  • If this is the case, employers can take your passport to get the documentation done and issue you a working visa and permit.

These are some conditions under which you can entrust your employer with your passport and other documentation for employment-related work. But, if they ask you to give the passport just for the job security entitlement, you have the liberty to say no because the law protects you in this regard.

What are the Laws Concerning Illegal Passport Detention?

The Ministry of Interior made it clear in 2002 that no employer can retain the passport of their employees under any conditions. They can only take it for issuing visas, employment-related documentation, and visa renewal. Apart from these conditions, they have any right over the passport of their employees.

It is important to note that there are serious laws concerning the illegal passport detention of employees. It clears that a jail sentence coupled with a fine amount of AED 20,000 can be made on the perpetrator. Moreover, according to legal firms in Dubai, the passport confiscation fee is around AED 10,000.

How to Register Complaints?

It is without a doubt that companies and business owners can hold or request their employee’s passports assuming they require them for any documentation. Confining the documents to show their prevalence is reprehensible wrongdoing in the UAE.

In any case, if your employer or business owner has taken unlawful ownership of your identification documents, including your passport, it is right of you to ask in a typical and well-mannered tone for it. Whenever you are finished with many requests and the employer is still reluctant to give your passport back to you, you have to consult a professional lawyer and take back what’s yours. Having said this, the following are a couple of moves you can initiate against the difficult employer;

  • You can contact your country’s consulate to issue a formal complaint against your employer’s misconduct.
  • You can have a legal team who will concern with the authorities to ensure justice is served.

You can also contact the Ministry of Interior directly to complain about your employer.

The Final Takeaway

This act of keeping the identification of your employee with no legitimate statement is contrary to the guidelines, rules, and principles. Recall that this offense deserves a prison sentence and a fine of up to AED 20,000. Thus, as an employee, it is important to learn about your rights beforehand and take necessary measures in time.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal,  Legal Laws

Fire from a Job in Dubai? Know Your Rights!

In UAE, thousands of individuals come for a job every year, as everyone seeks a bright future. They need a good job for a better career. But the question that comes to mind is why the expatriates choose UAE for their career growth. The answer is simple: they get a friendly workspace, peaceful environment, respectful job, and good salaries. It ultimately attracts the expatriates to come and work in UAE, by which they fulfill their financial needs in UAE as well as make enough money to send it to their home countries to support their families.

A lot of the labor force is working in the UAE market; there are various kinds of jobs in every industry, such as the education sector, banks, finance, ministries, health, entertainment, and many other industries which offer jobs to the expatriates. If expatriates start their own business, they also have employees working for them in their industry, which is kind of sound to hear but gets hectic sometimes.

When working anywhere in any country, there is a law dedicated to labor, employees, and every type of working staff. It is known as the law for labor, intended to protect the rights of the employees and all the working staff in either industry. It includes employee wages, labor employment contracts, unforeseen situation leave, and management of working hours.

The law of labor in UAE keeps on updating to match international standards. On 2nd February 2022, the latest amendment to the law of labor in UAE was made. Several aspects were covered in that amendment to improve employees’ work.

5 Employee Rights if You Are Fired From Job in UAE

According to the lawyers in UAE, three situations can lead to firing an employee from employment.

  • If the employment contract has expired or ends
  • The combined decision of the employer and the employee
  • If the employee is unable to follow the labor law and violates it.

The employer has to make sure to give EoSB (End of Service Benefits) payment to the employee right after the expiry of the contract. This payment is compulsory for the employer to pay unless the contract has ended by any violation by the employee. The benefits after the end of the contract are applicable as per the reason for the contract’s expiry. Here are the five employee rights you can claim after your employee contract ends from a job in UAE.

1. EoSB (End of Service Benefit)

According to the labor law in UAE, the employer must pay the EoSB for the labor. If the employee has been fired due to a violation, the employer has the authority to block the EoSB. Employees who are fair to their job and have no allegations of law violation can get EoSB if they have worked for a minimum of 1 year in the firm or company. According to legal consultancy firms in Dubai, the labor law in UAE has the following payment criteria for End of Service Benefits.

  • Three weeks’ pay for every year of the initial five years of service.
  • Four weeks’ pay for any extra year of service.

The leaves without pay are exempted from the calculation of employment days. The employees can also get the EoSB payment in the case of the leaves they didn’t utilize.

2. Conveyance Allowance Maybe Applicable

The laws are very strict and helpful for anyone in UAE. The laws tend to benefit anyone in UAE, whether they are citizens or expatriates. If you are an expatriate residing for a job in UAE, and your employer fires you from the job, you’ll get the conveyance allowance from the employer. According to the law of UAE, the employer must give the conveyance allowance so that the expatriate can return to their country.

3. A Notice Period For Both

Anyone working in UAE has to make sure they give a notice period before leaving the job. The employee must provide the employer with a notice period. If the employee fails to give the notice period, the employee has to compensate the employer. This case also implements by the employer. According to corporate law firms in Dubai, the notice period is limited to three months, and during the notice period, the employer has to pay the full salary to the employee.

4. You can Get your Due Payments.

The due payments depend on the way the employer fires you. If the employer fires you for no reason or you are fair on your side, but the employer fires you by your own choice, then you’ll receive your due payments. The due payments can be in the form of gratuity or notice period benefits, and the law allows you to receive these payments if you are fired for no reason.

5. If your Contract Ends During your Leave

If the employee or employer cancels the contract, the payment of the notice period cannot be given to the employee unless the worker or employee returns to the job. If there is an agreement between the employee and the employer, then the payment evaluation can proceed while the worker is on leave.

The Takeaway

The UAE’s laws ensure that all employees and workers have the best working environment and peace of mind. It also helps the employees work with dedication and efficiently accomplish their tasks, increasing productivity. It also benefits employers to claim their rights simultaneously. 

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal Laws

Critical Factors to Know About Drone Laws in Dubai

Technology is incrementing its horizons with every passing day. New technological advancements, gadgets, and devices are being manufactured for convenience and improvement for people. When we think of all the tens of thousands of innovative devices that have taken over the world by storm, Drones are no objection to us.

The increasing use of drones for a variety of purposes has increased in recent years, considering the soaring wings it gives to our unrivaled fancies. But since the use of drones has grown in Dubai, people are leveraging and exploiting their service at the same time.

In fact, the new rule and changes have been introduced regarding the use of drones by the Ministry of Interior of the UAE. The new impositions have been restrictive on the use of drones or other similar aircraft without the must-needed permission from the authorities. The recent changes and implementation of laws have strictly enforced the owners and practitioners of drones to abide by the regulations set in order to set clear boundaries for everyone.

Flying drones are considered Unmanned Aerial Vehicles (UAVs), which now have strong regulations from the authorities, and violating them would mean severe consequences.

Implementing new strategies and enforcing laws on flying drones was become the need of an hour. There have been continuous reports of drone owners trespassing into the prohibited zones, covering classified businesses, promoting real estate building projects without consent, and sometimes endangering lives to the greatest.

Whether you are flying your drone up in the public air, using it for an outdoor advertisement, covering someone’s special moment, or even using it for a sail sport event, the use of it has a permanent ban for everyone. The authorities and governmental bodies have clearly indicated that people use drones in order to save themselves while not becoming a public menace to any other individual or property. Moreover, the Ministry of Interior and the General Authority of Civil Aviation have issued new guidelines and set rules.

General Rules for Flying Drones in Dubai

It doesn’t matter if you are an individual or stand for a whole organization, the use of drones in Dubai is strictly prohibited and banned, considering the vigilance and attention the matter recently got from the authorities.

Be it the requirement is for recreational purposes, photography, advertisement, or aerial survey, etc., the general rules have been the same for everyone, and practicing them is mandatory at all times.

Permission for Flying a Drone – My Drone Hub Application

It is evident that flying drones in Dubai is legally not allowed at all costs and is considered an offense that must be dealt with solutions to avoid uncertain events. However, there is an exception, and permission has been issued for organizational usage.

In order to regulate this permission fully compliant with the authorities, an all-in-one application has been created, i.e., My Drone Hub, to assist the users with authorization. This app mainly allows the users to fly drones and do photography in the areas that are permitted to fly drones. However, there are specific regulations and laws pertaining to it that you must acquire yourself;

  • The height allowed to fly drones in a specific radius is about 400 feet.
  • The use of the app is mandatory as it gives the perfect information regarding the place with an interactive app that gives a clear status at all times.
  • The drone must be registered with the DCAA before anyone fly it in the allowed territory.
  • In order to obtain registration for your drone, photographs and a training certificate for the drone are pre-requisites.
  • The weight of the drone is limited to only 5 kilograms.
  • You can only fly your drone in the allowed radius, and crossing that radius would result in a penalty.
  • The drone must be carefully inspected for any drop or release device.
  • The drone you intend to fly must be certified for recreational purposes and not for any commercial activity without the authorities' consent.
  • No one is allowed to fly a drone in public or private places other than the permitted radius.
  • The direct radio link between a drone and a user must be of specific frequencies such as a frequency of 29.7 – 47.0 MHz with a max power of 10 mW or 2400-2500 MHz and a max power of 100 mW.
  • As far as there are strict restrictions for flying drones only in the limited radius specified by the authorities, no other area is permitted for flying drones in any case.
  • Another thing to keenly consider is not flying drones within the 5 km radius of the airport outer fence, helicopter landing sites, and airfields.
  • If anyone is facing any sort of an issue regarding the malfunctioning of the My Drone App, you are suggested to contact the authorities upfront, such as DCAA, before flying your drone without having a stable connection with the app.

The Prohibition on Flying Drones – Why?

Flying drones in Dubai is a serious and illegal practice, as it is clearly stated and mentioned by the authorities considering the new law implementation after January 2022. The permission for flying drones for an individual is restricted considering the imposition of laws and penalties for violating them.

Earlier in the March of 2021, the Dubai Municipality banned flying drones in public parks considering the growing and emerging menace for people. This later grew from bad to worse where the individuals are strictly advised and prohibited from flying drones in the residential areas on account of complaints from the people. Since then, the prohibitions keep on adding one after another, and now a set space of limited radius has been allotted for flying drones, and anywhere else is considered to be a strict violation.

Fines for Flying Drones in Dubai

If someone breaks or violates the law for flying drones in Dubai, they will be dealt with strictly or in some cases, imposed with heavy fines. Here are some of the fines that you must remember at first;

  • Article 69 of the GCAA clearly states that violating the UAV rules results in hefty fines and imprisonment.
  • The fine amount might range from AED 50,000, depending on the issue or violation.
  • The jail term can be up to one year.
  • As for the people who caught up flying drones in prohibited areas may face prison sentences ranging from 6 months to 5 years, while the fine amount might rise to AED 100,000.

Register Your Drone

If you have a recreational drone, you can register it with the DCAA registration website, apply for the service, and pay so you can get approval. Below are the service charges for the following registrations;

  • Professional drones – AED 100
  • Tourist drones – AED 100
  • Knowledge Dirham Fees (KDF) – AED 10
  • Innovative Fee – AED 10

The Final Takeaway

It was in February 2022 that the drone ban was extended along with all the necessary requirements for the flying space and other restrictions. If you are planning on flying a drone in Dubai, this article will help you understand all there is to understand before it is too late

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal Laws

All You Need to Know About the MOFA Attestation in UAE

MOFA stands for The Ministry of Foreign Affairs, which is a governmental body for attestation of documents for legalization from the originating country of an application willing to work or settle in the United Arab Emirates. When an individual plans to visit the other country, they need to have an attestation from a governmental regulatory authority for a variety of documents, and this all funnels from the MOFA attestation body in the UAE.

It is said to be a mandatory process for validating the authenticity of important documents, including certifications that are pre-requisite for employment, education, medical, or visa procedures. When we talk about the UAE, the attestation services are being provided both inside and outside of the country, which is regulated by the Ministry of Foreign Affairs and International Cooperation (MoFAIC), now known as the MOFA Attestation UAE.

Citizens, residents, investors, students, tourists, companies, and expats – all get the MOFA attestation to get their documents cleared and sealed by the UAE authorities.

Documents for MOFA Attestation

A broad category covers the documents and certificate verification and attestation in the UAE. Both issues documents inside or outside UAE tend to fall in this category. As for a brief clarification, here are a few documents that MOFA attestation services cover in the UAE;

  • Educational Certificates
  • Medical Certificates
  • Birth Certificate
  • Death Certificate
  • Powers of Attorney
  • Marriage Certificate
  • Real Estate Contracts
  • Business Contracts
  • Commercial Invoices
  • Divorce Documents
  • Partnership Deeds
  • Registration
  • Board Resolution
  • MOA
  • Loss of Foreign Passport
  • Police Report
  • Experience Certificate
  • Judicial Rulings
  • Article of Association
  • Board of Directors' Decisions
  • Commercial Licenses & Agreements
  • Financial Statements
  • ISO Certification
  • Company Contract
  • For Patent Registration, you will require a legal consultant in Dubai, UAE.

Types of MOFA Attestation in the UAE

Here are the two types of MOFA attestation in Dubai that an individual can get;

  • The first is the Inbound MOFA Attestation, which covers those who apply for a residential visa in the UAE, are opening up a business in UAE, or are looking to get a family visa and will have to get their documents attested from the Ministry of Foreign Affairs of the home country.
  • The other is the outbound MOFA Attestation, particularly for the people who are moving out of the UAE and have to get their documents attested.

Process for MOFA Attestation in UAE

For both inbound and outbound, you will need to have MOFA attestation in UAE, which is possible by following the devised roadmap.

  • The first and most important step is to open the MOFA attestation portal.
  • Select the type, i.e., individual entity or a company.
  • The next step is to fill out all the information in the fields required. However, if you have a SmartPass account with all the information inserted, you can use the sign-in credentials to fill up this form.
  • The next part is to attach all the documents that you wish to get attested.
  • Manually select the intended authority for attestation and submission.
  • As soon as you are done with this, your application will be sent to the authority for review. If your application meets all the requirements and conditions, you will get an approval email leading to the payment gateway.
  • Now that you have received the approval email, the next step is to move further with the payments and fees.
  • As soon as you are done with the process, the final step of MOFA Attestation in UAE comes where you will be required to visit the nearest Customer Happiness Centre or the UAE Embassy in your home country to get the documents attested.
  • Furthermore, you can also use the MOFA Attestation App on your smartphone for the document attestation process. For this, you will need to download the MOFA App and select the user type according to your requirements, followed by the option where you have to click on the Attest Official Document or Certificates and sign in with your account.

MOFA Attestation in UAE – Fee Structure & Duration

  • As for MOFA Attestation for individual certificates and documents, be it issued in the UAE or outside of UAE, the fee amount is AED 150 each for a document or certificate attestation.
  • People will gain a commercial perspective in UAE requiring document or certificate attestation will be required to pay AED 2,000 on every document or certificate.
  • MOFA attestation in UAE is a mere process of a few days, but in emergency cases, you can also get attestation on the same day.

The Final Takeaway

So, MOFA attestation in UAE is a certain requirement whether you wish to attain an employment visa and labor card in the UAE, pursue higher studies, acquire international business opportunities, and get residence visas.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal Laws

How to Find a Commercial Lawyer for Your Business in Dubai

It doesn’t matter what business you run. If it is a startup or a large-scale established business, having someone to look after all your legal matters is paramount. No matter how careful you are with your business processes and operations, having a legal advisor who streamlines your business while abiding by all the laws and regulations.

It is important to hire a commercial lawyer as they will hedge your bets against legal problems in the future and invest time and resources now in finding a small business attorney. A professional business attorney will play the role of a compatible partner of your business who will help you see through the most challenging times for your company.

Furthermore, they will be great legal resources for your business to give the legal pair of wings rightfully needed for your subtle growth. From drafting the legal agreements to raising money, handling employee relations, to dealing with lawsuits – a commercial lawyer for your business will certainly be your needed partner.

5 Ways to Find a Commercial Lawyer for Your Enterprise in 2022

Hiring a corporate lawyer doesn’t mean you have to run out on your budget, and it protects your company from the legal troubles it might face. With that said, here are the 5 proven ways to find a commercial lawyer for your enterprise in 2022.

1. Determine Why Need a Corporate Lawyer

Whether you are a startup business, a mid-sized company, or a large-scale enterprise with solid operational and functional setups, you will certainly need a corporate lawyer for your company. With this said, here are a few factors that make having a corporate lawyer necessary.

  • Determining the business entity helps your company grow in the future. This is where a commercial lawyer will help you in understanding all the possibilities and impossibilities in the future.
  • When you finally decide to sell equity of your business, this is where your legal advisor dedicatedly working for your company will help your business in drafting and dealing with all the legal proceedings.
  • From drafting legal agreements and contracts, business lawyers will be the perfect resources for your company. They will ensure that your partnership agreements and corporate laws are fulfilled appropriately.
  • In terms of providing your business by dealing with all the employment legal matters, your commercial lawyers will ensure that you don’t involve in any hassle and get all the things in a perfect manner. Moreover, compliance with labor law will be made at all times, and they will also inform you beforehand about the illegal terminations and the possible lawsuits you might get into.

2. Ask All Your Relevant Questions

Now that you have met or finalized a few of the business advocates, the next step comes where you have to ask all the questions regarding your business clearly. This is what helps you understand them in a great manner while you can run your business without the fear of getting any legal complications against you. With this being said, here are a few questions that you should ask the potential corporate lawyer regarding your business;

  • What is your total experience with small businesses?
  • How will you contribute to my legal issue after learning about my concerns?
  • Have you previously worked with small businesses?
  • Do you have any conflicts of interest with my business?
  • How will you format a communication channel?

3. Get Referrals from Other Business Owners

Another thing you can do for great results asks for recommendations or referrals from other business owners. These could be the ones you know and the ones with formal acquaintance or recommendation. This is another thing to focus on when planning on hiring a legal advisor for your brand.

4. Understand the Expertise You Need

Another factor that you will need to focus on is the strong expertise you need from your commercial lawyer in Dubai. It is a high factor to consider as this will help you consult the best law firm with corporate lawyers with the experience you need in the areas you want. With this said, here are a few ideas of expertise that you might need from a commercial lawyer;

  • The first is to understand the requirements of taxes and legal compliances in regard to that. Hiring a commercial taxation lawyer for this is what you need here.
  • The next is to determine the need to hire an attorney for intellectual property that strongly focuses on your trademark, copyright protection, business patent, etc.
  • Having strong expertise in commercial real estate is another factor to determine. For instance, you need a lawyer with expertise in purchasing commercial space for your business.
  • Another strong area to focus on is litigation. If you want someone who has expertise in litigation, mediation, arbitration, etc., hiring a professional with expertise in these areas would be a great plus.

5. Getting Clear on the Fee Structure

The cost of a business lawyer varies from service to service and experience to experience in some cases. If you are hiring a professional corporate lawyer from a prestigious law firm, you might also have to increase your budget for it. As for the basic understanding, here are a few of the factors that will automatically affect your cost;

  • Experience as a commercial attorney.
  • Size of your firm.
  • Expertise you require.
  • The complexity of your business domain or industry.
  • Regulations you want them to work on.

The Final Takeaway

Not only hiring a corporate lawyer will save your company from getting into the complications with legal matters, but it will also save you great time and money. This will allow you to save your efforts and focus on more driving factors for your rock-solid success. So, accessing the mentioned factors and hiring a commercial lawyer for your business will ensure your stability and high-class functioning.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday

CategoriesLegal Laws

Why You Should Hire a Criminal Appeal Lawyer in Dubai

Not all the time, criminal cases tend to take the right path. Many a time, the results and final decisions alter someone’s life. This might happen because of the insufficient claims and witnesses to prove your innocence. For this, criminal appeal lawyers are allowed to review the case again by the higher authorities.

But when we talk about the procedure for this in the UAE, only the convicted party has the right to appeal. The courts in the UAE provide facilitation to the appealing party for any sort of correction or clarification they are demanding from the court.

Anyone who is convicted or sentenced for a crime has the right to appeal against the judgment. However, there is a comprehensive set of various rules under which the appealing party can make an appeal against the judgment or ruling by the court in the UAE. But there is a limited window of only 30 days in which finding the criminal appeal lawyers in Dubai can be a little daunting task. But you can still make some resulting changes with your prior decision if the earlier picked lawyer hasn’t met your expectations. In order to pick the best criminal appeal lawyer that serves the best of your interest, the below mentioned will help you choose the finest.

Here’s why you need a Criminal Appeal Lawyer in Dubai

Before filing for an appeal, it is imperative to know why you are filing for an appeal in the Court of Cassation. It would be best to have a professional team of legal consultants in Dubai with you who are experts in dealing with criminal appeal cases and will be responsible for your overall appeal process and its driving factor towards success.

It is also pivotal to note that many complexities are attached to this appeal process. But having a professional team of advocates clearly means that your appeal will be heard and might result positively by presenting with game-changing facts and witnesses.

1. Your Updated Paperwork

One of the reasons you need a legal consultant in Dubai for criminal appeals is that they are proficient and well-adequate in arranging, documenting, and setting up all the paperwork required for your appeal and hearing. Despite the intricacy of this job, a professional lawyer will not you down in this regard and can make the entire process hassle-free for you.

2. Understand the Overall Appeal Process

When you hire a criminal appeal lawyer, you will bring value to your case. The potential individual or group is perfectly aware of the policies and laws involved in it. Their extensive expertise in this field will offer the right values to your case and make your appeal more subtle. With their years of experience and knowledge in legal affairs, your case will be submitted in the best possible way in front of the UAE’s justice system.

3. Your Aggressive Voice

When I say that a professional criminal appeal lawyer will become your aggressive voice, it clearly means that they are proficient in both Arabic and English, commonly used in the UAE courts. This will enable them to present you in an adequate manner. Their multilingual capacity will make them the best for you, becoming the driving factor of your appeal success.

4. Saves Irrelevant Expenses

When you hire an experienced criminal appeal lawyer, it is paramount to note that the fees and costs will be higher than other non-professional lawyers. However, it is simply like a one-time investment, and their selection would offer a lot more value than the fees you normally pay just because the criminal offenses bring both jail sentences and heft fines. This makes the selection even more important to pick the one with strong expertise in facilitating you the right way.

5. The Perfect Team for You

Upon picking the best lawyer from Mai Alfalasi, the leading law firm in Dubai, you will have the perfect resources that will be dedicated to working for you. An expert criminal legal consultant will have a whole team of professionals, assistant lawyers, and paralegal staff that will deal with your case to bring the right solution and exceed your expectations. These various resources will gather new evidence and look at your case from various standpoints to bring and offer the best solutions.

The Final Takeaway

Fighting a criminal case or even making an appeal against the judgment given is itself a life-turning event. This is where a professional team becomes necessary to be the vital key player in making their life-turning even a reality. They will help increase the possibility of your winning the case or reducing the punishment or the fine amount.

What We Cover

  • Corporate & Commercial
  • Dispute Resolution
  • Finance & Investment
  • Insurance
  • Arbitration
  • Litigation

Mai Alfalasi

Advocates & Legal Consultancy

1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates

Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae

Office Hours
9.00am to 6.00pm (GST)
Monday to Friday