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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 Words

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.

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal,  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 Final Words

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

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal 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

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 Takeway

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

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal 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 docum ents 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 Takeway

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.

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal 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.

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal 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.

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal Laws

Can I Work On A Visit Visa In The UAE? – Know The Law

There is no doubt about how the UAE has become a center of attraction for aspirants all over the world. And when we specifically talk about the people entering from the Asian countries with a strong desire to get a binding job offer in the UAE and can have a great life there.

There are indeed a plethora of reasons that made UAE a safe haven for people to work and get a standard living. Life security, work-life balance, better opportunities, good income options, and a standard of living that they might not be getting in their home country.

However, working in the UAE is allowed, and no obligations are there unless you are on a visit visa in the United Arab Emirates. It doesn’t matter what nationality you have, the language you speak, the religion you belong to, or the race you descend from. If you wish to work in the UAE, you must have a valid work visa, a residence visa, or any sort of permit that allows or indicates the authentication for you to work in any Emirates.

So, if you are a potential employee, you must have a valid working visa with which you can stay and work in the UAE without any hassle or problem. If you come to the UAE with the intention to explore a binding job offer in the UAE and, fortunately, you have found a job in Dubai. You must return to your home country as soon as your employer hires you. During your return and the entire time period, the company that hires you will do all the necessary paperwork. This includes sponsoring the employee from their home country, arranging all the documentation for the visa, and legally filing you for the position.

Be very attentive as it is a violating offense in UAE if one is found working on a visit visa. And even in some cases, people are bombarded with huge fines and entry bans into the UAE. This will certainly result in fines, detention, and deportation. It is not only for the illegal employee but also for the business and the owner.

Dubai Work Visa – All You Need To Know

Often referred to as  the ‘City of Gold,’ Dubai is undoubtedly a thriving location for the business market to grow and evaluate stupendously. With the growing economy, excellent choice of location, and relatively easy to obtain work permits for any foreign employees who are willing to make a move, Dubai is the center of attention for employees all over the world.

If you are planning on working in the UAE, you must be aware of the requirements and documentation in order to be legally allowed to work. Mai Alfalasi aims to provide perfect insights into all the laws and regulations every person is obliged to follow in the UAE. If you are a foreign national willing to come to the UAE for any purpose you want, here are different types of visas and entry permits for foreigners;

 Visit Visas
 Tourist Visa
 Student Visas
 Entry Permit Visas
 Multiple-Entry Visas
 Visas for Medical Treatment

These are some of the visas for foreigners to get entry into the UAE and get an excellent living for themselves. The basic work visa for Dubai or any other Emirate of UAE starts for a 60-day period. During this time, you can remain in the UAE and find the binding working condition for yourself. Moreover, if you somehow get a residence visa, the duration of that visa remains 2 to 3 years for a foreigner.  However, the different rules vary from person to person belonging to different nationalities.

The top-notch lawyers at Mai Alfalasi have created a list of documents needed by any foreigner to obtain a residence visa as well as a work permit. The list of documents is as follows;

 A well-completed application form.
 Applicant’s original passport along with a copy.
 Passport photos.
 A clear and valid copy of a company card.
 Health certificate.
 The Ministry of Labor issued an entry permit.
 Proof of payment of the application fee.

Moreover, the applicant will also need to undergo a medical examination upon arrival in Dubai. Here are a few of the requirements in terms of the document in order to obtain a work permit;

 An employment contract with a company in Dubai.
 Copies of the applicant’s birth certificate, passport, and marriage certificate, if applicable.
 Proof of accommodations in Dubai, such as a copy of a lease agreement.
 Evidence that the applicant has sufficient financial means to support themselves in Dubai.

A resident visa and a work visa holder are the people that can legally find and do work in Dubai without any worries. In case of getting way for filing for a visa or other legal matters, getting high-quality assistance from the leading advocates and legal consultants in Dubai from Mai Alfalasi will certainly result in a win-win case.

Getting Approval from the Authorities

Before you start working with a company, getting approval from the relevant authorities is of pivotal importance. If you start working with a private company or business, the permit will be issued by the Ministry of Human Resources and Emiratisation (MOHRE).

On the other hand, particular authorities are in place for the free zone to regulate the labor contracts and relationships between employees and employers within their jurisdiction.  Similarly, for the public sector or at the federal level, Federal Authority for Government Human Resources (FAHR) is in charge of dealing with and managing all the human resources for ministries and federal authorities, which are subject to the Federal Decree-Law No. 11 of 2008, while local government authorities govern governmental bodies within each emirate.

When understanding the MOHRE, it is significant to focus on getting the approval in the UAE MOHRE, as it is the regulated body to keep a perfect check and balance. Anyone who wants to work in the UAE must get approval from MOHRE to get legal status and obtain permits in compliance. Following the MOHRE procedures are required;

 The individual has professional expertise in the area or field to which they are being hired.
 The individual has the legal entry status to UAE and abides by all the legal requirements and regulations of the UAE.

Fine for Working on Visit Visa

It is important to note that in the Federal Decree-Law No. 7 for 2007, a total fine of Dh50, 000 per worker has been prescribed in the event MOHRE finds any person working on a visit visa. Both the employee and employer are fined, respectively. However, despite the warning and clear instructions, the fine amount is doubled and coupled with other penalties if the offense is repeated.

The Final Words

We get this thing that the law in UAE is transparent and crystal clear for everyone. When they have a residence and a work visa, anyone can easily and legally work in the UAE.

However, people with visit visas will be fined and banned if found working. The fines and punishments are severe and can ruin your life and career. But following the rules and compliance with all the legal bindings will help you live securely.

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal Laws

Why Do You Need A Civil Lawyer in Dubai?

Hiring a civil lawyer in Dubai is significant. They are civil attorneys or litigators who deal with non-criminal areas of legal disputes. The core responsibility of any civil lawyer is to solve the dispute that involves a part or entity seeking compensation for damages incurred from another party or entity. Moreover, understanding the nature of civil disputes is also significant as it tends to focus on relationships, property, and people.

It is paramount to understand the crucial role that civil lawyers play in handling cases regulated under the civil law of UAE. When we particularly think about civil law in UAE, it is pivotal to think of the social liberty and legal transactions that involve two parties, either private or public. And in most cases, not all the transactions, contracts, and agreements meet their final destination. This leads to unwanted disputes leading to conflicts between the parties, for which a civil attorney at Mai Alfalasi would change the entire game for you.

The primary responsibility of a civil attorney involves understanding the gravity of the dispute and all the happenings in the past to devise better a plan that leads to a binding transactional relationship. This is where the need for civil law and lawyers comes into play. From issues such as tenancy, commercial contracts, real estate, and professional negligence anywhere in Dubai, the top-notch lawyers will provide you with the contending end results.

Understanding Civil Law in UAE

In the simplest words, civil law in Dubai can best be explained as a law that focuses and is regulated the daily life of any individual, establishment, or company. The civil law in the UAE governs and regulates several issues, including family disputes, private ownership of property, personal status, lineage, inheritance, commercial disputes, corporate conflicts, and more.

The Federal Law no. 11 of 1992 for civil transaction law amended the law no. 10 of 2014. Moreover, it also underwent several more amendments in 2018, which focuses on the procedure for filing a civil lawsuit before relevant courts. The amended civil law now regulates and directs the guidelines, strategies, and methodology regarding Civil Procedural Law.

Furthermore, the structure of civil law in the UAE is structured into a pyramidal hierarchy structure. On the top, we have the Federal Supreme Court, which is the national level court in UAE. The next on the Emirates level is the Court of Cassation, and the next is the Courts of Appeal in the relevant Emirate. And the last is the Court of First Instance.

All About Civil Lawyer in Dubai

As already been discussed above, a civil lawyer deals with all facets of a legal dispute between two or more parties that are not of a criminal nature. The demand from any civil attorney is to resolve the disagreements and problems between two or more parties.

Civil lawyers provide professional and legal advice to public and private entities in organizations. Their core responsibility is to resolve clients’ complaints and claims through legal backgrounds and under the UAE civil laws. Using all the provisions and possibilities in the law, they provide perfect solutions for negotiations using their skills and expertise.

A civil lawyer will file a legal lawsuit for you and begins the legal activities and proceedings until the results are achieved. The role of a civil lawyer ends when all the legal activities are in favor of you and bring the end result into effect. However, if the client wants to appeal any unfavorable ruling other than the announced, they can appeal following the allowed proceedings and start the process again. Further, the process of making an appeal in the UAE is according to the following;

 The first is Mediation, for which the UAE court provides a chance for the clients to take the case to court. It is important to note that The committee controls mediation. For this, you can hire a civil lawyer for yourself to represent you in front of the committee. A lot of people take the mediation road because of its affordability and convenience.
 The next is Arbitration. Not all the cases can be arbitrated under the UAE’s law, such as insurance disputes, rental issues, governmental properties, agricultural lands, etc. Here the arbitration lawyer will play a crucial role in providing technical and legal assistance to the clients. The lawyer will help their clients secure the witnesses and evidence that strengthen their case for a favorable ruling. For this, a civil attorney will have to conduct profound research and prepare a piece of strong evidence that results in a win-win negotiation.
 The next is Filing a Lawsuit for which, even if you fail in the arbitration or mediation process, you can still file a legal notice in civil courts in Dubai. This is where you will be heard in front of the civil presiding judge.
 Further, you can go for Appealing a Judgment. This happens when the client is unhappy with the announced decision in the Court of First Instance. Upon filing for an appeal, the Court of Appeal will reevaluate the decision in 30 days before announcing the final verdict. However, it happened in some rare cases in 10 days’ time. 

Things to Check before Hiring a Civil Lawyer in Dubai

Here are a few factors in evaluating before hiring or finalizing a legal agency providing a civil lawyer in Dubai.

 The first is to check for excellent interpersonal skills. This allows you to overlook the lawyer’s past history of working in Dubai.
 Excellent communication and convincing skills follow. It is another crucial factor to undermine as communication, and convincing skills would highly result in your favor.
 Thirdly, problem-solving skills matter too. They must be able to use multiple tenets, subtleties, and nuances of the law to devise a viable solution for you as a client.
 Persuasion skills are a game-changer. The ability to persuade the case in your favor, your civil advocate must be able enough to represent you by using their solid persuasive skills.
 Another game-changing factor in determining is attention to detail. It is pivotal to note that even the small details matter and can reverse the case in your favor. So, your legal advocate in Dubai must be attentive to details. 

The Final Words

Civil lawyers offer a wide range of legal solutions to disputes and conflicts with clients. They will be running in your place and take legal actions that must be on strong and subtle grounds, or else the results wouldn’t be satisfactory. So, if you are looking for a professional, reputed, and reliable civil lawyer in Dubai, contact Mai Alfalasi, that provides the unparalleled legal associates that fight for you and lead the case to a favorable ruling.

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

CategoriesBlog,  Legal Laws

How To Start A Business In Dubai – Legal Laws To Know In 2022

Dubai has become a leading place in the world for leading brands and businesses of all types belonging to different industries and sectors. And undoubtedly, there are plenty of reasons why businesses and businessmen prefer Dubai for expanding their horizons and maximizing their revenues by hitting great sales margins.

The reasons are many, from zero tax rate to the friendly working environment, high-class security, great standards of living, and world-class facilities are some of the benefits. What’s more, most people are generally unaware that the Dubai business market offers a remarkably quick and efficient process to establish, grow, and expand the business.

The UAE economy is growing exponentially and returning back to normal from the uncertain hit of the Covid-19 virus. On the other hand, the number of potential investors is also increasing every month who want to harness the incredible prowess of the UAE’s market. However, it is not just like that one can directly go into Dubai’s business market without understanding this canyon of trade’s nitty-gritty and legal compliances. This is where understanding the laws and regulations of Dubai’s market may appear daunting to many, but at the same time, it helps everyone set the approach for setting a business that grows.

Want to set up a Business in Dubai? – Here’s What You Need to do!

The UAE Government introduced the best-in-class procedures and legal measures that allow anyone to start a business in Dubai. However, in order to let our readers understand the process more appropriately, here is everything you need to do to start a business in Dubai.

1. Pick the Business Nature

The first thing to begin with your business setup in Dubai is to select the business nature. This is what allows you to choose your business activities, and hence you can set your business graph. Further, this helps you understand the authorized activities you need to work on with the location and another setup for your business.

Moreover, you will also require a permit for which the best legal consultancy, i.e., Mai Alfalasi, is the best choice for you. Therefore, selecting your business nature becomes a matter of pivotal importance as several hundreds of business natures are listed in Dubai and learning about what’s best for you.

2. Select Business’s Jurisdiction

Before selecting the business jurisdiction, it is pivotal to understand which jurisdictions are available for business—starting with the different economic zones, i.e., mainland, free zone, and offshore, which are jurisdictions.

As for the business that is spreading its root, it is pivotal to note that each jurisdiction has its set of rules that must be followed and obliged to set up a legally compliant business. Doing so will ensure you that all the legal requirements are met, and no hinder would come your way.

3. Decide the Company’s Structure

When starting a business in UAE, it is paramount to choose the company’s  structure as it helps you in forming your business wholly aligned with the legal bindings. By doing so, you can easily devise a structure that helps you deal with profits and losses to organize resources and assets better.

Moreover, it is also considered the initial step of planning as it gives the structure and layout of your company. What’s more, in order to get the legal business  license for your company, it is also pivotal to decide and declare the structure as it gives you a clear and succinct view of your company. With this all being said, here are a few of the company structures in which you can register your business in the UAE;

 Sole Establishment
 Civil Company Setup
 Local Company Branch
 Limited Liability Company (LLC)
 Holding Company
 GCC Company Branch
 Free Zone Company Branch
 Foreign Company Branch

4. Apply for Approvals & Trade License

In order to get approval for the business name, you must consult with the Department of Economic Development (DED), which lets you move ahead with the process and set up in the UAE without breaking any rules. Once this process is done, the next step is to focus on a trade license that will give your company the legal status to conduct business in Dubai.

It is pivotal to note that there are four different types of trade licenses in the UAE, i.e., Commercial License, Professional License, Industrial License, and Tourism License. Now, according to your business structure, you can apply for anyone that matches the best of your requirements. However, it is also significant to note that structures and license requirements may vary in UAE Mainland and Free-Zones.

5. Prepare your Memorandum of Association

Another thing to pay keen attention to is the preparation of a memorandum of association (MoA), which is a primary requirement to start a business in Dubai. However, in order to get done with a memorandum, you will require an expert legal consultancy in Dubai from experts and reputed firms such as Mai Alfalasi.

6. Finalize Ejari (Tenancy Contract)

It is undoubtedly correct that you will require a tenancy contract, i.e., Ejari, for starting up a business in Dubai. It is a document or agreement between the real estate agency and the business owner. Ejari is recognized as an online system in the UAE that is governed by the Real Estate Regulatory Agency (RERA). The sole duty of this agency is to ensure transparency when the contract is made.

7. Visa Processing

As soon as you have received your license, it is time to apply for a visa. You will not only require the visa but also several free zones permit to file visa applications for dependents and employees if sponsoring any. This is where you will also decide the number of Visas you need to choose between. For this, the professional legal consultancy firm in Dubai will help you do all the documentation.

8. Collection of Trade License

Now, as you move toward the final step of the process of collection of your license, be mindful that you will have to submit the following documents in order to collect your trade license;

  •  Memorandum of Association (MoA)
  •  Trade License Application
  •  Initial Approval Certificate
  •  Relevant Government Forms
  •  External Approvals
  •  Tenancy Contract
  •  Ejari Registration Certificate
  •  Passport Copies of Partners
  •  NOC for Partners
  •  DED might ask for other requirements.

The Final Words

In order to conduct legally compliant business in Dubai, it is mandatory to follow all the guidelines and restrictions in place that benefit and promote business owners. Setting up business in Dubai requires you to strategize, envision, research, make decisions, and think of a budget for your business setup.

This is where Mai Alfalasi will provide top-notch services that allow you to start your business in Dubai. You can book legal consultation with our certified and experienced today and start your dream journey of business in Dubai.

Practice Areas

  • Commercial
  • Corporate
  • Dispute Resolution & Litigation
  • Banking & Finance
  • Insurance & Securitization
  • Real Estate & Construction
  • Technology & Data Protection

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

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

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

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