iPhone | iPad
Android
Huawei
Since the release of ChatGPT in 2022, the use of AI has spread rapidly, raising concerns about fuelling misinformation, fake news and infringement of copyrighted material
KT APPDOWNLOAD
Can a wife sponsor her husband?
SAMIR EL AZRAK, advocate of Al-Moutawaa Wa-Al Azrak, Advocates and Legal Consultants, Dubai, answers readers' questions and offers his expert views on various issues concerning the law. Queries can be sent to Khaleej Times, Post Box 11243, Dubai or faxed to 04-3382238 or e-mailed to ktedit@emirates.net.ae.
By (LEGAL VIEW)
Published: Mon 20 Dec 2004, 11:35 AM
Last updated: Thu 2 Apr 2015, 1:31 PM
S. J., Dubai: My wife is working as staff nurse at a government hospital at Dubai. I would like to know whether she can sponsor me. If she can, how can my employment visa be transferred to her visa in case I am resigning from the present job? Alternatively, how can I come under her visa?
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.
As to your wife, the requirement of the salary should be met. It must be also proved that the wife is not employed by any other body. Transfer of sponsorship is not applicable here since the husband is not moving from one job to another. He must have his visa cancelled then he will be issued a residence visa under his wife after establishing due evidence for their lawful matrimonial relationship, like a certificate or memorandum of marriage. It must be also shown that the husband holds no other sponsorship in the UAE.
S. N., Jeddah, Saudi Arabia: I am a Muslim working in Jeddah, Saudi Arabia and planning to marry a Christian girl of Australian citizen. Therefore, I would like you to guide me or suggest the proper procedures to be followed to get married whether in Bahrain, Saudi Arabia or in Dubai.
Ans: A Muslim man has the right to marry any girl from the people of the book (those adherent to a revealed religion) whether Christian or Jew. Marriage should be solemnised in accordance with the Islamic rituals before the Shariah Court and in harmony with the Shariah rules and regulations applicable, of course after obtaining the consent of the wife’s guardian. Such consent can be given by the guardian himself or through a Power of Attorney issued by him in favour of any of the relatives to acknowledgement consent on his behalf.
If the husband is a Saudi national, he must obtain the approval of his government, and such approval is to be evidenced by a certificate. As to Bahrain the matter is subject to the rules and regulations applicable in the kingdom.
O. P. M., Sharjah: I sustained a work injury, which resulted in a physical disability. As a result of the injury, my right arm requires amputation up to shoulder and doctor declares permanent disability. The injury happened while I was travelling from Sharjah in the company’s pick-up to the site of work (Fujairah). The pick-up met with an accident and local authorities certified that it was due to the negligence of our driver, who is also an employee of the company. The vehicle is fully insured (comprehensive) including the driver and two passengers. The police found no fault with pick-up, and the registration is also valid. I want to ask:
(1) How much compensation to pay to labourer in my case?
(2) Who should pay the compensation — the insurance company, the driver or employer?
(3) Will amount vary if the labour is an expatriate or a UAE national, bachelor or married with children?
Ans: According to the provisions of Article 142 of the UAE Labour Law No. 8 of 1980, it is established that: “Where a worker sustains an employment accident or contracts an occupational disease listed in Schedules I and 2 attached to this Law, the employer or his representative shall report the matter immediately to the police and to the labour department or its local office within whose jurisdiction the place of business is located. The report shall indicate the worker’s name, age, occupation, address and nationality and contain a brief account of the occurrence, its circumstances and the medical aid or treatment provided.
“On receipt of the report the police shall carry out the necessary inquiries. The report shall contain the statements of the witnesses and the employer or his representative and those if the injured person (if his condition so permits) and shall indicate, inter alia, whether the occurrence was connected with the worker’s work and whether it was deliberate or resulted from gross misconduct on the worker’s part.”
It is further stipulated under the provisions of Article 143 that: “On completion of inquires, the police shall send one copy of the report to the labour department and one to the employer. The labour department may request a supplementary inquiry or may itself conduct a supplementary inquiry, if it finds it necessary to do so.”
However, it is established under the provisions of Article 144 that where a worker sustains an employment accident or contracts an occupational disease, the employer shall pay for the cost of his treatment in a local government or public medical centre until he recovers or until he is disabled. Treatment shall include residence in a hospital or sanatorium, surgical operations, expenditure on X-rays and medical analyses, the purchase of medicines and rehabilitation equipment and the supply of artificial limbs and other prosthetic appliances for any person who is declared disabled. In addition to what he supplies, the employer shall pay the cost of any transport entailed by treatment provided for the worker.
Meanwhile, it is provided under Article 150 that where an employment accident sustained or an occupational disease contracted by a worker results in permanent partial disability, he shall be entitled to compensation at the rate specified in the two schedules attached to this Law, multiplied by the amount of death compensation provided for in the first paragraph of the preceding article, as the case may be.
Based on the above, if we refer to the said schedules, namely schedule 2, we find that the amputation of the arm up to the shoulder is considered as a 70 per cent disability. The company is to be held liable for the compensation. If there exists an insurance policy covering the vehicle and passengers, remedies can be had and recourse can be taken jointly and/or severally against the insurance company, the driver, and the company owner of the vehicle.
As to the last part of your question, compensation does not recognise the nationality of the victim, whether he is a national or an expatriate, nor does it look at his matrimonial status. Compensation is assessed according to the damage and percentage of disability suffered by the victim.
H. M. Services Co, Dubai: I have been working for an LLC company since 2000. The national partner of the company, who is holding 51 per cent shares, wants me to join another LLC company of his, where again he is the only national shareholder with 51 per cent shares. Please advise.
Ans: Transfer can be effected in normal manners after obtaining the consent of both the management of both the companies (employers). There is no need to maintain the sponsorship with the former company since transfer can be effected; especially that the employer holds the majority of shares in both the companies, namely 51 per cent.
N. N., Abu Dhabi: I have been working in ADNH CO as an office boy since January 2003 and my basic salary in this company is only Dh500. With this amount I cannot look after my family well. A relative of mine, who he is working in Abu Dhabi, told me he would arrange for a visa in his shop. Therefore, I would like to change my present visa. How can I transfer my visa or cancel it ? Will a ban be a fixed on my passport? I need your valuable advice.
Ans: You are not entitled to have your sponsorship transferred as your profession is not among the exempted categories. In order to change your job, you must have your current visa/sponsorship cancelled. In this case, you will be subject to the ban stamp affixed on your passport.
R. P., Dubai: I have been working with a private company, as an accountant-general, under a limited contract (2001 to 2004). I am a holder of a commerce degree. The company terminated my services recently, arbitrarily (orally, without a letter). My salary was Dh2700. I would like to know:
(1) What will be my dues i.e. end-of-service benefits (gratuity)?
(2) If the employer terminates the services, am I eligible for release for the purpose of transferring my visa?
(3) Am I entitled to any compensation?
Ans: In case your service is terminated by the employer before the expiry of the limited-term contract, the employer is bound to compensate the employee/worker for the damages that the latter sustains. The amount of compensation shall be either a three-month pay (salary) payable to the employee/worker, or the pay for the remaining period in the contract, whichever is lower, unless otherwise agreed between both the parties in the employment contract.
Since you have been in service for more than one year, you are entitled to receive the end-of-service benefits (gratuity) together with the leave pay, if any. However, you are not entitled to the notice-pay. Above all, you are not eligible to sponsorship transfer simply for the reason that the consent of the current employer must be obtained. You have the right to have your sponsorship visa cancelled. — Compiled by Mustafa Barakat
LEGAL TERMINOLOGY
By Mustafa Barakat
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 terms? Here you will find definitions from the common to the bizarre in simple English.
Venue: State laws or court rules that establish the proper court to hear a case, often based on the convenience of the defendant. Because state courts have jurisdiction to hear cases from a wide geographical area (for example, California courts have jurisdiction involving most disputes arising between California residents), additional rules, called rules of venue, have been developed to ensure that the defendant is not needlessly inconvenienced. For example, the correct venue for one Californian to sue another is usually limited to the court in the judicial district where the defendant lives, an accident occurred or a contract was signed or to be carried out. Practically, venue rules mean that a defendant cannot usually be sued far from where he lives or does business, if no key events happened at that location. Venue for a criminal case is normally the judicial district where the crime was committed.
Rhadamanthine: A term used to describe a hard-nosed judge, inflexible in the application of the law.
Volenti non fit injuria: Latin for “to a willing person, no injury is done.” This doctrine holds that a person who knowingly and willingly puts himself in a dangerous situation cannot sue for any resulting injuries.
Variance: An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city’s setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.
Zoning: The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location, and use of buildings within these different areas.
Setback: The distance between a property boundary and a building. A minimum setback is usually required by law.
More news from World
The move puts Alibaba in direct competition with global players such as OpenAI, which has also shown interest in text-to-video technology
Stolen material was also sent to media organisations, say agencies
Influential Teamsters union says it won't endorse a presidential candidate in 2024
Across the world's largest cities, WRI estimates the longest heatwave each year could last 16.3 days on average under a 1.5°C scenario, but 24.5 days at 3°C
The move aims at taming record immigration levels that pushed country's population past 41 million earlier this year
Wickremesinghe, Premadasa, and Dissanayake are the main contenders for the post
His visit to Cairo aimed to salvage stalled negotiations mediated by Egypt, Qatar and the United States to end the conflict