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.

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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!

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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.

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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.

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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.

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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.

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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

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How to Deal with or Solve Financial Disputes in Dubai

Financial or banking disputes are the ones that may become an insurmountable roadblock in your professional and personal life. Now, these financial disputes occur because of many reasons. Some of the financial disputes include but are not limited to financial scams, disputed money transfers, unauthorized charges, illegal financial activities, bounce cheques, card theft or less, and more.

These disputes will not be welcomed for sure and will receive legal complications that will further need to be resolved by advocates and lawyers. Involving a lawyer or a legal firm becomes mandatory as it helps concerning charges in terms of fines, prison, penalties, and even business closures.

Now, there are some early measures that you should take to save yourself from later inconveniences. For example, by filing a complaint with the bank, arranging or sequencing all the paperwork, preparing reports, and ensuring that all the relevant and adequate measures have been appropriately taken so that the dispute gets a proper solution.

At this point, several people consider it a way to file a complaint over the phone and then assume to get the positive results back. What is important is to realize those correct procedures and necessary measures must be taken in order to achieve the final resolution. Having said this, here is what you need to know about financial or banking disputes and all the measures you must take for dispute resolution. Be your case related to a real estate dispute, partnership failure, or any other case – financial dispute resolution is the process with which you can get the results in time and ensure your financial stability.

Proven Ways to Deal with Financial or Banking Disputes

Here are the 4 legally recommended ways to deal with or solve financial or banking disputes in Dubai, primarily with a legal advisor in Dubai.

1. Make a Complaint with UAE’s Central Bank

The first and foremost step is to make a legal complaint with the central bank of the United Arab Emirates. This is a step that not many people are adequately aware of, and this is what adds to their problem.

UAE central bank is the governing and authoritative body for dealing with and supporting all the financial stability in the cities of UAE. One of the many primary functions of this body is to maintain and ensure financial system efficiency and correct functioning at all times. So, each financial institution in the UAE has been managed by this monetary and licensed financial institution.

This governing body is also responsible for implementing and practicing several functions that protect the interests of the consumers while promoting economic growth. However, if you have a financial concern with some individual or company, this is a body where you can issue your complaint and resolve your issue with a team of financial experts. The Central Bank of the UAE has a particular designed unit, i.e., the consumer protection department, that deals with and resolves all the financial conducts in the UAE.

Moreover, the body will also investigate the stringency of the case and evaluate if there is really a legal violation for which they will be taking necessary measures. So, if you are wondering how to make a complaint with the UAE Central Bank, here is a brief step in pointers;

  • The first way is to make your complaint on the official website. For this, you will need to register yourself, and your complaint can be lodged after providing the information.
  • If you’re residing in Abu Dhabi, you can seek assistance from the Consumer Happiness Centre, which is in the Central Bank.
  • Another way to make your complaint is by making it with the Call Centre, which is mainly for seniors. 

2. Issue a Police Complaint

Another way to deal with financial disputes is by filing or issuing a complaint to the police. When you take this step, you will get a report of your complaint that will also help out when you take your complaint with the Central Bank of UAE. Here’s how you can make your complaint;

  • A person can lodge a complaint online or can also take the in-person option.
  • Before making a complaint, you must ensure that all the documentation and proof of financial disputes are available for 100% transparency in the process.
  • Providing the police department with bank records, receipts, cheques, etc., must be presented at the time of reporting.

3. Involving a Mediator

One way of dealing with a financial dispute is by involving a mediator in the process who will understand the gravity of your case. If you seek the help of corporate lawyers in Dubai at Mai Alfalasi, we will help you in your mediation and resolution of the issue. They are well aware of all the channels involved to bring your case to transparent explanations while ensuring your satisfaction.

4. Ask for Expert Assistance

Several times, we are not properly satisfied with the verdict and conviction others take for our financial disputes. This is where involving experts and seeking their assistance based on their farfetched experience, knowledge, and skillset, it becomes important to ask and sometimes understand the situation. Having said this, if you need the legal assistance of an expert help, the lawyers and advocates at Mai Alfalasi are always available to facilitate and assist clients with Islamic banking and financial disputes related to any matter.

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

Why do You Need a Corporate Lawyer in Dubai?

No matter how successful your business is, there is one thing that all thriving businesses and enterprises need the most: corporate legal services. Regardless of the fact, how good and result-driven businessmen you are. It is equally important to have a legal partner or a resource who leverages the legal knowledge, experience, and skill set to provide you with the most cutting-edge knowledge and information at times that save you hefty fines and time.

By harnessing their knowledge and legal expertise, they will be a backbone of your business who will tackle as well as aid in all the legal matters of your business to keep in streamline with the legal regulations that may become a reason for hefty penalties and prison time if adequate measures and prior legal adherences have not been met.

You can think of hundreds and hundreds of companies and businesses failing to comply with the legal processes and hence being penalized by the law and code of conduct. This is where you need a corporate lawyer who oversees all your company’s legal compliances and keeps you properly aligned with the law measures to ensure you and your business stay out of trouble and get legal compliance at all times.

5 Reasons Corporate Lawyers are Necessary for Your Business

Many businesses don’t realize the adequate benefits that they can get by having corporate lawyers with them. If you are still confused as to whether or not you need corporate advocates in your business venture, here are 5 solid reasons that show how they benefit you and how they can be of excellent advantage for your successful business process;

1. Legalize Your Business Structure

The operations of a business in a streamlined process are necessary. However, it is important to note that without legal support or guidance, this legal structuring of your business remains incomplete and often leads to devastating results. For example, laws and regulations change, and many business owners are unaware of their changes. This is where legal advocates working for your business will inform you beforehand, make necessary amendments, and take steps for 100% compliance with the regulations the government and authorities are implementing for further practice.

2. Make Legal Documents

There could be tens of hundreds of legal documents you may require as a business owner. All of this does nothing but add to the miserable hassle of understanding the legal processes and drafting the documents the right way. This is where you will need a lawyer overseeing the legal affairs and doing all the legal matters for your business to set your mind on expanding your business while complying with the legal processes.

Furthermore, when dealing with all the documentation and paperwork, they ensure to include all the provisions that should be mentioned and properly explained regarding your business operations in the following industry that certainly do not violate legal and business interests.

3. Ensure Due Diligence

Often business owners and people managing the business are not adequately aware and possess knowledge about performing and ensuring due diligence. This results in a miserable manner for them as often they have to deal with penalties regarding non-compliant behavior and conductions.

So, legal associates working with you in your business venture will ensure to abide by the laws and regulations that are implemented by the authorities for transparent business operations and activities. The role will primarily focus on taking necessary measures that a diligent buyer or seller should take before entering a binding agreement. For example, selling land, staking a business, establishing partnerships, forming strategic relations, and even starting joint ventures.

4. Informing Employment-Related Predicaments

Abiding the laws concerning employees and dealing with labour becomes necessary. Regardless of how many employees you have, if you are starting a business, you need to set some minimum wages, holiday entitlements, maternity leaves, sick leaves, and more. These are the laws that you have to set when setting up your company. And all these employment-related issues may seem normal to deal with but become troublesome in the long run.

So, integration of these business-related issues and setting specific obligations to actively integrate these laws into your business processes become necessary. This is where legal advocates in Dubai will help you with.

5. Deal with Legal Challenges

Another thing that becomes worthy of your attention is dealing with legal challenges. Legal advisors in a company have the knowledge, expertise, and skillset to help you elude or deal with legal challenges while ensuring that your business stays out of trouble.

Your corporate lawyers or legal team of advisors will assess all the legal activities and make sure to elude legal threats to diffuse the situation before it becomes a stringent matter. Moreover, in some cases, even if the matter escalates, they are properly experienced in dealing with them and fighting aggressively via litigation, mediation, or arbitration.

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

10 Things to Know When Visiting Dubai

Dubai has been a dream destination for everyone. From all the fun places to adventurous places and the increasing job market, the reasons are not limited to why people pick Dubai as the most preferred location in the UAE.

Dubai is a primary destination spot for a whole lot of reasons. From offering many opportunities to aspirants from different academic or professional backgrounds to tourist spots for tourists from all over the world. There are tens of thousands of reasons why Dubai is considered to be a hot-favorite location for people.

However, it is pivotal to understand that despite all the lavishness, luxury, and lush desires, there are tons of things that you must not attempt at all costs when in Dubai. Furthermore, if it is your first time in Dubai, it is gravely important not to visit Dubai without learning about these 10 do’s and don’t’s or you might need a legal consultant to deal with legal actions against you.

1. Dressing Diffidently

Not many people are actually aware of this, but adhering to dressing standards in Dubai is a requisite. It is important to follow the dressing etiquette for both males and females.

When you are out in a public place, it is essential to follow the dressing guidelines as UAE is an Islamic country and following rules is necessary for everyone. There are exceptions and liberty for dressing if you are in your hotel, resort that you can wear swimsuits, etc. But in general, wearing such dresses means inviting unprecedented consequences to yourself.

2. Maintain Respect for Local Traditions

Maintaining respect for local tradition is an obligation for everyone. No matter where you are, you must always respect local customs and be courteous to values, culture, and values. Despite all the liberal practices in Dubai, the Islamic tradition is always at the center; therefore, religious events, festivals, cultural values, and customs are always crucial for everyone. So, respecting all the religious events and dealing with your mind and heart is a requisite. And failing to do so is considered to be a severe offense.

3. Publically Drinking is Banned

Drinking or consuming alcohol or alcoholic beverages is allowed in restaurants, pubs, clubs, and cafes. Publically consumption is banned no matter what. It is considered a criminal offense to consume alcohol in public and is punishable with fines and jail terms, in some instances only. Believe me, it wouldn’t be even the last thing you wish for.

Drinking only at the permitted places is legal because they have the licenses to run the operations and serve alcohol. But driving intoxicated is another ‘NO’. Thus, if you have taken a few drinks, booking a cab and getting back to your hotel without creating any fuss is advised.

4. Photography in the Allowed Places

Clicking random photographs of places, outdoor advertisements, or people is prohibited unless it is a photography-accessible area. Seeking consent to click pictures is something of pivotal importance in Dubai. Moreover, you are also not allowed to take pictures of foreigners or locals without having permission from them, and doing so would bring trouble to you. It is generally a bad practice that would ruin your visit or even result in deportation.

5. Using VPN is Banned

Using VPN connections to bypass the security checks and proceed to prohibited websites would result in severe consequences. The government and authorities in the UAE have a strict no-tolerant policy over this, and they would let no one take advantage of this. Only some organizations or institutions have permission to use VPN, and that too has been limited to the only legal use of it for business activities and not for personal gains. Remember, if you are found using a VPN connection to bypass security, the fine range from AED 500,000 to AED 2 million. Moreover, if the use of a VPN is made for committing any serious and offensive crime, the punishments would be doubled, along with deportation with a lifetime ban on the individual.

6. Respect the Month of Ramadan

If you are visiting in the Holy Month of Ramada, you must abide by some of the principles and courtesies, such as dressing conservatively and following all the other standard SOPs that are set and followed in an Islamic country. For example, you should not eat or drink publically and respect others who are fasting during the hours.

7. Extra Caution for LGBTQ

UAE is an Islamic country where Islamic values and norms are always reflected in all of its practices. Despite being open and liberal to many extents, the country has strict regulations for the implementation of Islamic practices and teachings in all ways.

So, with this being in focus, it is essential to pay closer attention to people belonging or openly chanting about LGBTQ. If you belong to this group, publically practicing your individual values is not considered legal in Dubai or any other Emirate of the UAE. Same-sex offenders are dealt with severe punishments resulting in imprisonment, hefty fines, and deportation.

8. Swearing is Illegal

Swearing is illegal in the UAE. Several words, which might be expected in many countries, are considered illegal in Dubai or other Emirates. In fact, they are considered offensive and have regulations to deal with them. Many instances make it clear that swearing or abusing in public places is nothing but disgraceful or defamatory for a person’s honor or modesty.

Moreover, in Article 373 of the Penal Code of UAE, swearing is a punishable offense that is punished by up to a year in prison and a fine as high as AED 10,000. Furthermore, flashing a middle finger is also an indecent gesture that breaches anyone’s respect and pride and also is punished by deportation, fine, and imprisonment. Moreover, making false accusations and then swearing to prove them right is also a deadly crime in Dubai.

9. Insulting Islam

As said before, Islam is the official religion in the UAE, which makes it important and obligatory for everyone to respect Islam and its values regardless of any opinion or belief. Disrespecting Islam would be the least you will do in UAE; therefore, many of it will be dealt with as blasphemy, and one needs to face the strict values and regulations.

10. Using Left Hand

Though this seems less important, using your left hand is an obvious odd in Muslim culture as it is considered unclean for body and hygiene levels. Greeting people or making gestures with the left hand is considered to be offensive in an Islamic country, and one shouldn’t be caught eating with the left hand.

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

How to Get Power of Attorney in Dubai

Power of attorney is a legal document or agreement where an individual authorizes another individual to look after the processes or take ownership while also the companies that give a person the authority to act on their behalf.

Here, the person who gives others the chance and authority to take charge or handle the position is the ‘grantor or principal.’ While the person who is being given the charge or responsibility is understood as the ‘agent or grantee.’ The requirement of power of attorney may arise for several reasons.

When we talk about the UAE, the legal age of an individual to become a grantor must be over 21 years, and they should be mentally, emotionally, and psychologically stable and firm. No matter if you are a foreign business with a power of attorney in a foreign language when you are planning to expand your business in Dubai or any other Emirate of the UAE, you will need to have it translated into Arabic and then move forward by getting a legalized status in the UAE. For this, the legal consultants in Dubai can help you with all the formalities and legal documentation for getting a power of attorney.

As for driving to the legal Power of attorney, the grantor needs to put signature in all capacities to authorize a legal representative in the concerning matters. However, a power of attorney is based on a trustworthy relationship, and any falseness and violation will be considered fraud and subject to getting punishment as per the laws and regulations in the UAE.

Types of Power of Attorney

When someone plans to add another person to their power of attorney, the principal can choose from these mentioned types of power of attorney lawfully accepted, authorized, and accessible in UAE. With this said, here are the main types of power of attorneys in the UAE.

1. General Power of Attorney

The general power of attorney opts in conditions when a principal wants to transfer authority to the agent while they are absent due to traveling or when they are physically or mentally incapable of handling things independently. Through this, the agent who the principal has selected will be able to perform a number of legal tasks, including tax return filling, signing contracts, bank transactions, and dealing with real estate property in terms of selling and purchasing.

2. Special Power of Attorney

The other is the special power of attorney that is granted to an agent for taking care, handling, or dealing with a special affair on behalf of the principal or in their absence. You will require the services of a professional lawyer in Dubai to help you develop the unique power of attorney stating the particular actions and powers that the agent will perform. The agents will only be able to perform the tasks or deal with the matters that are said or mentioned in a power of attorney.

3. Lasting Power of Attorney

The lasting power of attorney is only available and caters to the residents in Dubai. People who are confronting health issues and will not be able to render their services or manage the work can authorize the other person to take care of the matters through the lasting power of attorney. For this power of attorney, the principal will make all the relevant arrangements to transfer the authority to someone trustworthy to make decisions for them in the future.

Notarizing a Power of Attorney in Dubai – The Process

The process of notarizing a power of attorney is simple and precise. Here is a step-by-step explanation;

  • The first step is to submit a power of attorney to the notary public, where they review it.
  • You will also need to enclose the attestation fee that varies from the categories mentioned earlier.
  • After the review and clearance, they stamped and sealed it as a legal document
  • Adhering to the language is paramount – the language must be Arabic. Moreover, you can also file the translation of your power of attorney in the required language.
  • If you are outside of the UAE and file a power of attorney, it should first be stamped and sealed by the Embassy in UAE. Then it will be authorized by the notary public office.
  • You can also take assistance from professional lawyers and legal consultants in Dubai to get a private notary service in Dubai.

Documentation Required for Notarization of Power of Attorney

Here is a list of documents that you must provide for notarizing a power of attorney in Dubai, UAE.

  • Original passport of the principal
  • One photocopy of the principal’s passport.
  • Three copies of a power of attorney must be notarized.
  • Original Emirates ID card of the principal.
  • Copy of the Emirates ID card of the principal. (only for UAE residents)

Benefits of a Notarized Power of Attorney

Here are some of the benefits of a notarized power of attorney in the UAE;

  • There wouldn't be a better way to handle the special task or give hold of your real estate property to someone in the UAE.
  • Your precious time, money, and comfort are all saved.
  • Be it for your property or business, your authorized person will be able to represent you in your absence.
  • If you want to save your investments, this is a perfect way to do so.
  • You can legally buy, sell, or invest in UAE with a notarized power of attorney.

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