My husband is also working in a reputed Dubai hotel; he is drawing Dh 2000 plus salary. I would like to know whether I can sponsor my kid, or what is the requirement if we have to sponsor our baby, whether we can jointly sponsor our baby, if yes I would like to know the procedure to do the same.

Answer: According to the stipulations of the UAE Labour Law, only the husband has the right to sponsor the wife and children as per the requirements specified in the Law, provided that his salary is Dh 4,000 or above or Dh 3,000 with accommodation offered by the employer. According to the provisions of article 28/H of the Ministerial Resolution No.360 of 1997 in respect of the executive regulations of the Federal Entry and Residency Law No. 6 of 1973, a foreign woman working in extraordinary specialisation such as medicine, teaching or engineering can sponsor her family members.

It should be noted that the aggregate salaries of both the husband and wife cannot be taken into consideration in relation to sponsorship; and only the husband's salary is.

VIJAY. NARASIMHAN, DUBAI: 1) Can a married woman working in a bank with her own visa, sponsor her 12 years old daughter?

2) If a woman on her husband's sponsorship goes on leave to her home country without cancelling her visa, what are the rules to come back to the country on her own employment visa. From her home country, can she cancel her present visa and come on an employment visa?

Answer: For the first part of your question, it is stipulated under the provisions of article 28/H of the Ministerial Resolution No.360 of 1997 in respect of the executive regulations of the Federal Entry and Residency Law No. 6 of 1973, a foreign woman working in extraordinary specialisation such as medicine, teaching or engineering can sponsor her family members, provided that the other requirements are met.

As to the second part, the residence visa affixed to the wife's passport should be cancelled first, then she can enter the country under the new employment visa to be issued. The cancellation of the visa requires the original passport to be present. Upon cancellation, the wife can obtain an NOC from the employer, whereby the new employment visa can be issued.

Limited agreement

R. LUCHT, ABU DHABI: I have nearly completed a three-year employment (limited period) agreement. I am a European engineer with a company. Part of the agreement is a clause stating that the limited period agreement may be extended only if parties mutually agree to an extension and terms. My questions are with regard to the most favourable financial option open to me assuming that an extension is offered. (1) Would my best option be to terminate the original agreement and collect my termination benefit, flight and shipping costs then commence a new agreement and is this possible? (2) After three years what would my termination benefit realise? (3) I assume taking this option would guarantee my full termination benefit which could be banked and that a new agreement would mean that the termination benefit would then start from zero. (4) Are there any financial benefits to extending my agreement rather than commencing a new agreement?

Answer: If you are not willing to renew your contract, you are entitled by virtue of the Law to notify the employer of your intention of termination at least one month prior to its expiry, unless otherwise stipulated in the contract.

If the limited-period contract is terminated after being duly performed, you are entitled to all your end of service benefits (gratuity), which in your case is 21 days per year.

You should note that an employment contract is a deed between the employer and employee/worker, whereby they can agree upon new terms and conditions, or agree to amend it as per their mutual consent.

The best option as to renewing the current contract or entering into a fresh one is a matter that can be determined by the party concerned since he is the better person aware of the situation and circumstances.

Accommodation allowance

N. A., DUBAI: My question is regarding the allowance my company pays for home rental. I work for a government company. If I decided to make an investment and buy a home here in Dubai, what does the law say as to the continuation of my receiving that allowance, the amount they pay being part of a binding agreement (contract)? What does the law say as to, for example, me buying in the Greens, which is a rent-to-buy system, which I am sure you've heard of. The system is that Emaar pays me back 50 per cent of the rent I pay over 2 years, to go towards the down payment I have to pay for cost of apartment.

Answer: First of all, it should be noted that so long it is stipulated in your employment contract that the employer is offering a cash payment as an accommodation allowance and left the option open for you: either to have the allowance paid to the landlord or to receive the cash payment in case your rental exceeds or falls below such allowance. However, in case you purchase a flat, the accommodation allowance payable to you under the contract is not affected, unless the agreement is amended or reshaped in accordance with the relevant laws.

Overstay

P. DESHPANDE, ABU DHABI: We are staying in Abu Dhabi and my husband works in Abu Dhabi but our visa is from Dubai. I have a 20 years old daughter who studies in Nepal. She will come for vacation. She has her valid residence visa but now she is coming after 11 months; so will there be any problem while entering the country? Means we have to apply for another visa or she can come on her same residence visa? She can bring her college certificate that she studies there and that is why she couldn't come after six months, and is it that we have to bring her from Dubai Airport or Abu Dhabi airport?

Answer:

In case the period of stay of wife or children sponsored by the husband exceed six months, the sponsor may submit an application to the Naturalisation and Residency Department, where the residence visa has been issued, supported by the documents proving the reasons for such overstay outside the UAE such as a valid certification from the school or educational institute, or duly attested medical certificate in case of illness. The matter is entertained by the department on humanitarian basis and according to the gravity of the case. In case the department approves the application, your sponsored wife and children will be allowed to enter the country after the authorities concerned including the airline company are notified, provided that their respective residence visas are still valid.

Inheritance Law

GOPINATH, SHARJAH: 1) What is the 'Inheritance Law' in UAE?

2) A 'Will' can be made according to a parson's own wish, or UAE Law supersedes the 'Will'?

3) How to make a 'Will' in UAE for the properties here, for an expatriate?

4) If the person dies without a 'Will' what will happen to the property?

5) When making a 'Will', the country of Origin, religion etc. will make any differences in the 'Will'?

Answer: In case a person dies inestate (without leaving a valid will), his estate (property) is distributed in accordance with the provisions of Islamic Law and Shariah. However, a will is governed by the applicable Law within the UAE, being a family and personal-affair matter. The provisions of the Islamic Shariah Law and the legislative provisions derived therefrom shall apply to wills, according to the Article 1258 of the UAE Civil Transactions Code.

Article 1260 provides that any legal act done by a person in a terminal illness of which the intention is to make a gift shall be regarded as a disposition to take effect after the death, and the provisions governing wills shall apply thereto, by whatever name the act may have been called. It also stipulates the heirs of the disponor must prove by all means that the disposition was made by their testator (legator) during the terminal illness.

Article 1261 reads: "If a person makes a disposition to one of his heirs but retains possession of the property which he has disposed of and of his right to use it throughout his life, the disposition shall be deemed to take effect after the death, and the provisions relating to wills shall apply unless there exists evidence to the contrary. It should be noted that all the wills issued here should be in harmony with the provisions of the Islamic Shariah Law.

Legal Terminology

Mandamus and Rhadamanthine

If you are lost in the sea of legal jargon, we will here lend you a hand. Do you need to know the meaning of some equally puzzling legal term? Here you will find definitions of legal terms, from the common to the bizarre, in simple English.

Mandamus: Latin for 'we command.' A writ of mandamus is a court order that requires another court, government official, public body, corporation or individual to perform a certain act. For example, after a hearing, a court might issue a writ of mandamus forcing a public school to admit certain students on the grounds that the school illegally discriminated against them when it denied them admission. A writ of mandamus is the opposite of an order to cease and desist, or stop doing something. It is also called a 'writ of mandate.'

Mandatory: Required, compulsory or obligatory.

Rhadamanthine: A term used to describe a hard-nosed judge, inflexible in the application of the law.

Remainderman: Someone who will inherit property in the future. For instance, if someone dies and leaves his home "to Alma for life, and then to Barry," Barry is a remainderman because he will inherit the home in the future, after Alma dies.

Injunction: A court decision that is intended to prevent harm - often-irreparable harm - as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct-for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act-for example, return stolen computer code.