ANS: This matter is considered as a clear breach of the labour contract and labour laws of UAE. The employee is trying to abscond from joining his duties.  You can legally  file a  Absconding case before the Labour Department and also before the Immigration Department . This  subject is covered and dealt under the provisions of Federal Law No (8) of the year 1980which is the UAE Labour Law.

 The law permits you to file an absconding complaint with the Ministry of Labour against the employee since he has neither given you a resignation letter nor you have granted him the leave. Once the charge of absconding is proved, disciplinary action will be taken against the employee and the Labour Department will approve the termination of the Employee who is absconding.  Further, the Employee will also be permanently banned from working in the country..

Here the employee may be treated as an absconding employee as per Article (1) of the

Ministerial Resolution No (721) of 2006 which  deals with  the procedures for Runaway reports. The runaway report shall be applied to the worker who has been away from his work for more than seven consecutive days, if his employer declares that he is not aware of his whereabouts and that there is no valid reason for being away.

Hence you are advised to file absconding against the employee in the Ministry of Human Resources and Emiratisation as well the General Directorate of Residency and Foreign Affairs.

As a matter of general advice, employees are always adviced to keep the Employer informed about all your activities related to work when you are on a visa with an employer, on the other hand Employers are also adviced to update the Labour Department and the Immigration Department of all matters or any changes ,that are related to the Employee.

Ans: According to the Law of UAE, there is no relationship between two parties as employer and employee unless there is no Labour Contract. Any employment without a labour contract and a valid visa is illegal and both employer and employee shall be liable for prosecution.

Working in the UAE without a valid visa is also treated as a criminal offence.

UnderArticle 11 of the Federal Law No (6) of 1973 Concerning Immigration and Residence –The Alien who obtains a visit visa may not work anywhere in the country with or without pay for his own. If the Visa is issued to work for an individuals or establishment, holder may not work for another individual or establishment without the written consent of that individual or establishment and the approval of the Directorate of Nationality and Immigration.

Since  you have committed a criminal offence by working without a valid and approved employment contract, your rights are limited and there is every chance for you to be penalised as well.  However if the company has given you a valid offer letter, properly signed and stamped, then you can approach the Ministry of labour for issuing the Employment Contract. The Ministry shall ask the Employer to execute the agreement or to compensate you accordingly.

Ans: The matter is unclear about, which emirate the case is filed, however the case may be filed on behalf of any evidences produced against you. The case can be adjudicated and defended through the court by submitting the Power Of Attorney that is given to you by the friend.

Article 401 of Federal law no (3) of 1987 specifies that “detention or fine shall be imposed upon anyone who in bad faith gives a cheque without sufficient and drawable balance or who after giving a cheque withdraws all or part of the balance making the

Ans:  Muslims and Non-Mulsims have got legal rights to be separated before the personal status courts of any emirate in United Arab Emirates. The divorce can be granted either by Sharia Law or by the personal laws (upon request) of the parties. The divorce or any other personal status matter can be adjudicated through this court of law.

According to Article 5 of UAE Federal Law No (28) of 2005 on Personal Status; “The State courts shall have jurisdiction on Personal Status litigations in which citizens, or aliens, having a domicile or residence or place of business in the State, are defendants”.  That means any resident can seek justice through the Personal status Court.

Also Article 117 stipulates that: “Each of the two spouses is entitled to ask for divorce due to prejudice that would make the continuity of the friendly companionship between them impossible. The right of each of the spouses thereto shall not be forfeited unless their reconciliation is established.”

Hence in the above matter Mr. Gokul Raveendran is advised to proceed for the judicial separation/divorce through the Personal status court (family court of Dubai), UAE.

Ans: A limited term contract means, it has to be executed by both employer and employee till the contract period ends. The term of employment is limited to 2 years in this case. Whoever breaches the contract unless otherwise mentioned in Art 120 and Art 121 of The Labour Law shall be compensated each other accordingly.

Here Mr. Raghupathy is advised to proceed with the job until the contract ends in December 2017. In the month of November you can serve a notice to your employer stating that you prefer to discontinue. Therefore, not able to renew your Employment Contract.

Your question is unclear about your unwillingness to work; If it is anything which is prescribed in Art 121 of the Federal Law No (8) of 1980 (UAE Labour Law), you are entitled the legal rights to discontinue your work.

Ans: For any Purchase and sale of Companies, it is highly recommended to draft the Memorandum of Association in a professional way. All the interests and protections have to be construed in the said document which is to be attested by the Notary. The shares, rights, liabilities, terms and conditions have to be properly drafted so that you will not be legally tied up on or after the sale of your institute.

Art 15 of the Federal Law No 2 of 2015 prescribes that; A company shall be born after  the  Memorandum of Association and any amendment thereto shall be registered in the Commercial Register with the competent authority to be effective.

Hence the MOA which is the predominant document of the company must be drafted with both general and specific clauses which safeguard every shareholder’s rights.