Prudential Middle East Legal Consultants

My recent legal blog on the benefits and challenges for foreign companies to enter into strategic partnerships with local businesses in UAE

UAE Market Entry Benefits & Challenges | Prudential Middle East UAE Market Entry Benefits & Challenges Posted by PME | Oct 12, 2023 | Blog | 0 | Score 100%Score 100% What are the benefits and challenges for foreign companies while signing strategic partnership agreements with local businesses while entering into UAE market ? Ans. This is very important for new c...

EXPO 2020 - UAE Supplier Code of Conduct .
How the local laws of UAE meet the international UN conventions.
https://www.linkedin.com/posts/shakeel-a-mian-6b210518_expo-2020-supplier-code-of-conduct-activity-6847902737510760448-h6lc

Shakeel A.Mian on LinkedIn: EXPO 2020 SUPPLIER CODE OF CONDUCT EXPO 2020 SUPPLIER CODE OF CONDUCT. "How the UAE local laws meet international UN Conventions to protect the rights of workers". EXPO 2020 UAE , the...

"Employment of Juveniles under UAE Labor Law"

Question
Dear Lawyer, how can rights of Juvenile employees be protected under UAE Labor Law?
Answer
Dear Questionnaire,
Most of the times the people ask about child labor in UAE and what are the labor rights of Juvenile or young people . Like other rights provided by the UAE Labor Law, juveniles’ rights to work are also stated in the act. Section 2 of Chapter II, Employment of Employees, Juveniles and Women, describes the provision of rights to juveniles.

No juvenile of either s*x under the age of fifteen can be employed. It is prohibited under Article 20. Under Article 21, the employer is obligated to obtain the following documents and make a personal file for the juvenile before employing him/her:
● An official birth certificate of the juvenile or an age estimation certificate that must be issued by a competent medical professional and endorsed by competent Health Authorities.
● A certificate that states that the juvenile is medically fit for the job and it must be issued and attested by a competent medical professional.
● Consent in writing by the guardian or custodian of the juvenile.
The employer must have a special register in which the details of the juvenile are written under Article 22. In Article 23, it is stated that no juvenile may be employed for work from 8 pm to 6 am in industrial projects. Furthermore, no juvenile may be employed in jobs that have a nature of being dangerous, exhausting or detrimental to health under Article 24.
Article 25 states that the maximum working hours for juveniles are six hours per day, with rest, meal or prayer breaks. Therefore, the job timing must be designed to allow juveniles to consecutively for a maximum of four hours a day. The employers cannot, in any circumstances, instruct juveniles to work overtime under Article 26.

DISCLAIMER: The above blog aims to guide and legally aware the Juveniles employees working in UAE about their rights and should not be considered a legal opinion that may vary from case to case. If you need further legal assistance, please feel free to contact our law firm in UAE.

The Blog , Written By ,
Shakeel A. Mian [ Legal advisor ] and Fatima Tariq [ The legal researcher ]
Prudential middle east legal consultants UAE
[email protected]

A link between missing payments for credit card loan etc and the legal action by banks in UAE 🇦🇪

Q- Dear lawyer ,
I secured a personel loan and a credit card from one the bank in UAE . I used to pay my initial monthly loan installments regularly but could not sustain it after that . After how many missing payments , the bank can initiate legal action against me and can I be arrested while landing at air port ?

Ans : Dear Questioner ,
This is a very general question being asked by many people . As you know at the time of securing a personel loan or a credit card the bank usually take security Cheque and once someone defaults after bouncing back of the Cheque from the bank normally due to insufficient funds the bank refer this matter to their own collection department or outsource the same and they call several times to the debtor to pay the balance amount .

If no succes , the matter is referred to the legal department of the bank , which send a legal notice from the public notary asking the debtor to pay money and then subsequently the matter is referred to the police station and they call the debtor to pay some fine that depends upon the volume of the loan amount . The bank may also file a civil case against the debtor.

Normally after 3 missing payments, the bank initiates legal action against the defaulters. If the bank file ex*****on process against the debtor in court , he may also be arrested at air port and advised to settle the matter with bank .

Disclaimer - The above information is for the knowledge and not a formal legal opinion!

“How to recover Debt in UAE 🇦🇪very speedily”

Question - Dear Lawyer , we are a general trading company in UAE and some of our clients are not paying our invoices since long , what is the fastest legal way to recover those debts ?

Ans- Dear Questioner ,
In UAE judicial system there is one process which is called “ Payment order “ according to this the creditors can file an application before the concerned court with all supporting documents to claim their debt like local purchase order , bill of lading if applicable , any agreement in place , previous credit history with this debtor if available and any communications with the debtor that may confirm their will to pay your debt etc and all other relavant documents . The judge will review all documents and may issue a payment order without even listening to the debtor within 48 hours . The debtor , however can file an appeal within 15 days of this court order . The claimant should also send a legal notice to the debtor through public notary giving him a 5 days time to pay the debt before filing payment order application before the court as per applicable legal procedures .

The issuance of payment order by the court is subject to the fullfilment of strict creteria in place, but this is the fastest legal way to recover commercial debts in UAE 🇦🇪.
Disclaimer - The above content is for the general information and should not be considered as a formal legal opinion that may change from a case to case basis !

"Labor Inspection under UAE Labor Law"

The workers in UAE must understand their rights and responsibilities. In order to determine if your employer is violating labor codes , the ministry of labor in UAE has the rules in place to protect workers by appointing dedicated labor inspectors.



Article 166 states that only specialized inspectors having cards issued by the Ministry of Labor and Social Affairs will undertake the labor inspection. The Labor inspectors will have the power to oversee the proper implementation of remuneration, protection and safety of employees under Article 167. Article 167 also obligates the inspectors to provide guidance to the employees, report to the authorities and make a formal report of cases.

The employers under Article 169 are obligated to provide necessary facilities to the labor inspectors. The inspectors who must have taken an oath to honor law (under Article 168) will have the power to enter any establishment at any time of the day to carry out the proper inspection of employees and documents and to take samples with them under Article 170.

The employers must take into account the regulations by the Minister of Labor and Social Affairs as described under Article 171. Unless required otherwise, the inspector must inform the employer of his visit and instruct the employees to alter machines and other equipment under Article 172 and Article 173, respectively.

The inspector should report any violation of law to the labor department and must acquire the help of authorities where required, under article 174 and 175. Monthly reports (Article 176) and Yearly reports (Article 177) must be prepared and provided to the labor department under Article 178. Under Article 179, the inspectors comply with the conditions stated and must be given appropriate training under Article 180.

DISCLAIMER: The above blog aims to guide and legally aware the workers working in UAE about the labor inspection and should not be considered a legal opinion that may vary from case to case. If you need further legal assistance, please feel free to contact our law firm in UAE.

Written by ,

Shakeel A. Mian and Fatima Tariq

Prudential middle east legal consultants UAE office .

[email protected]

Under UAE Labor law , can a worker be dismissed from his / her job arbitrarily by their company ? See our latest legal blog on this topic.

https://www.linkedin.com/in/shakeel-a-mian-6b210518/detail/recent-activity/shares/

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Shakeel A.Mian on LinkedIn: Slow jobs recovery and increased inequality risk long-term COVID-19 The international labor organization ( ILO) issued its 2021 world employment report today which indicate a very alarming and pathetic situation of unemployment...

Shakeel A.Mian on LinkedIn: Indemnity for labor accidents and occupational diseases The issue of claiming Indemnity for accidents and occupational diseases for UAE workers are of prime importance and create some disputes between the employers...

Shakeel A.Mian on LinkedIn: #healthandsafety #workplacesafety Q- Dear lawyer , We are lot of labors working on a construction project in UAE , but the safety and protection condition on our site is very alarming ...

Shakeel A.Mian on LinkedIn: #uae #economy #law “The UAE 🇦🇪 commercial company law allows 100% ownership to foreigner investors to do business onshore a perspective from legal and economic implications...

My recent article

Does Qatar on way to make more reforms to entertain international labor migrants in line with ILO conventions or international human rights law?? Does Qatar on way to make more reforms to entertain international labor migrants in line with ILO conventions or international human rights law?? The matters relating to social and civil rights of international labor migrants constitute as one of the most important topic among the public policy make

Need Legal attestation of your documents in UAE ? 🇦🇪

Our attorneys can help you to attest ids, undertaking letters,
certificates, undertaking letters, certificates, proofs, etc

Contact our attorney for free consultation
WhatsApp 📞 00971 50 2128 798
www.pmealc.com

Prudential middle east on LinkedIn

Shakeel A.Mian on LinkedIn: UAE Law- Default on credit card loans / personal loans etc Q- Dear UAE Law- Default on credit card loans / personal loans etc Q- Dear lawyer , I Used to work in UAE for few years and I had bank credit cards to pay ,...

Shakeel A.Mian on LinkedIn: "UAE 🇦🇪 rent dispute matter Q- Dear lawyer , I signed an annual rent agreement and got registered the same in Ijari and recently gave 90 days notice to my landlord for eviction as per law . Now he is continuously... November 15, 2019: Shakeel A.Mian posted on LinkedIn

UAE Law- Default on credit card loans / personal loans etc

Q- Dear lawyer , I Used to work in UAE for few years and I had bank credit cards to pay , which I could
not settle with the bank and left UAE .
Now , I wish to come back , can you please advise how I can proceed legally to
save myself .

Ans – Dear Questioner , normally as per practice in UAE if
you default three installments the bank can proceed to bounce the cheque and
file a criminal case against you that may end up to put travel ban for you and
arrest order as well .
So now if your loan amount is less than AED 200k , you can
pay a nominal fine to get rid of criminal case and travel ban etc . However the
bank has full right to file a civil case against you that will also end up to
have arrest warrant for you and you have to settle the full court judgment
amount plus related legal cost .
UAE had also entered into treaties with various countries
and if your country is the signatory then a legal action can also be taken
while you are in your country. So in the context we may advise you to immediately
contact with your bank and settle the same.
If you need further legal assistance, please feel free to
contact our law office in UAE

How expat executives can apply for UAE Gold Card

Now even the professionals with the salary of AED 30,000 can be eligible to get Gold card visa in UAE 🇦🇪 👍

khaleejtimes.com The GDRFA said the applicant should be at least a bachelor's degree holder or its equivalent.

"Great offer by government to establish business in Dubai ,UAE"

With an unprecedented 40 per cent cost reduction, all owners and tenants residing in JLT residential properties will be able to set up a business for just AED 30,000, which includes a Flexi Desk as part of the setup package. This represents a saving of AED 20,797 on the standard DMCC total company setup fee.
Please feel free to ask for further assistance .

We help in debt recoveries of your business in UAE,GCC.

British Legal Centre Pakistan

docs.google.com 2019 Live Training Seminar Registration

ArabianBusiness

UAE banks to suspend credit, debit cards of users who don't update Emirates ID
https://www.arabianbusiness.com/banking-finance/415975-uae-banks-to-suspend-credit-debit-cards-of-users-who-dont-update-emirates-id

Gulf News

Know your rights when renting a car.

Gulf News

The UAE cabinet on Monday approved the regulatory framework for issuance of five and 10-year UAE residence visas to certain categories of applicants.

Hindi to become third official language of Abu Dhabi courts

arabianbusiness.com The move will allow Hindi speakers to lodge claims and grievances in their own tongue

Breaking: Get up to 100% discount on Dubai traffic fines

khaleejtimes.com The new initiative is in line with the Year of Tolerance.

Dubai waives bank guarantee requirement for tourism firms, to issue Dh250 million in refunds

gulfnews.com Dubai scraps requirement to ease cost of doing business in the emirate

Important announcement for business setup in UAE.

RAK International Corporate Centre (RAK ICC) is pleased to announce the launching of the Premium Product in collaboration with RAK Economic Zone (RAKEZ) from 15 January 2019, a product which allows offshore companies to carry out their business activities in the United Arab Emirates. The Premium Product is designed to address customer needs, changing regulatory pressure and bank requirements for substance.

unique offering - Premium Product
• RAK ICC + RAKEZ combination
• Legal structure - RAK ICC company incorporating a subsidiary in RAKEZ.
• Commercial license issued by RAKEZ
• Standard offices as well as flexi-facilities are included in the packages.
Benefits.
 Treated as a business enterprise of substance  Open bank accounts locally and internationally
 Residence visas are permitted for enterprises established in RAKEZ  Office facilities available as per different packages
 Avail DTA benefits.
For further details please contact, [email protected]

Khaleej Times

Know the new visa rules in the UAE.

Legal Consequences of unpaid debt in UAE
Q: I left UAE few years back and there was some loan amount unsettled with the bank , what legal actions can be taken by UAE banks against me as I wish to return back to UAE ?

Ans: This is always advisable to UAE residents and expatriates that it might be easy legal process for you to come UAE and settle here but before leaving it you have to take care of various facts to avoid legal complications , always settle your debts , DEWA bills , phone bills and legal cancel your company before leaving UAE else it may have disastrous financial consequences for you .

For the banks if you avail a personnel loan , business loan or credit cards etc, you are required to fill and sign an undated blank cheque . If you default your loan , they bank may present this cheque and if returned due to insufficient funds then you the Debtor have committed a criminal offence in UAE. This is set out in article 305 of the UAE Penal Law of 1970, which states that:
“whoever, by bad intent, gave a bad cheque and the balance is less than the cheque value or if it was withdrawn after giving the cheque [whole amount or part of it] that the remaining credit doesn’t fulfill the value of the cheque, the issuer of the cheque shall be punished by prison for a period not exceeding three years, or fine not exceeding 4,000 AED, or by these two penalties together.”

The other option available to a bank [ creditor] against you [ debtor] is to file a civil case against you in court and seek a judgment and then to proceed to execute the same . through the Court making use of articles from Federal Law No. 5 of 1985 (the ‘Civil Code’). Particularly, article 246 of the Civil Code which states that each contract entered in to must be fulfilled ‘in good faith’ and article 710 of the same Code obliges the Debtor to repay the loan. Default of a loan would therefore result in breach of the Civil Code.

If you need further assistance please feel free to contact us at , [email protected]

Blacklist in UAE
Q: I used to work in UAE till 2012 and then left my job and came to UK but had some unpaid loans and issues with employer in UAE . I think i was blacklisted , How I can come back to UAE safely ?

Ans: We can help you to seek your current legal status reports from UAE courts to know if you have any civil or labor case pending against you and can also seek reports from Police Stations [CID] if any criminal case was registered against you and can advice you further course of legal remedies available to you as per UAE laws. For more details ,please write to, [email protected]