By Barney Alamazar, Esq.

Here are some significant female-oriented laws in the UAE and the Philippines that Filipinas should be aware of.  These laws were created to help protect and advance the interests of women in relation to their work, family life and the community in general.

1. UAE Labour Laws

Equal pay for equal work – Article 32

A working woman shall be entitled to the same wage as that of a working man, if she does the same work.

Night shift prohibition – Articles 27 & 28

Except those holding managerial, technical and medical positions and during emergency situations, women may not be made to work from 10 pm to 7 am.

Article 29

Women may not be employed where jobs are hazardous, harmful or detrimental to health or morals.

Maternity Leave – Article 30

• 45 days with full pay if she has completed 1 year of service; otherwise, 50% pay

• Up to 100 days of unpaid maternity leave if there complications resulting to pregnancy or delivery

• Maternity leave is not deductible from annual leave

Paid Nursing Break – Article 31

18 months from delivery, a mother is entitled to 2 additional breaks each day (maximum of 30 minutes each)

Note: Household service workers are covered by immigration rules, not labour laws. Hence, complaints must be lodged with the General Directorate of Residency and Foreigners Affairs.

2. UAE Immigration Laws

Visa sponsorship

Daughters, regardless of age can remain on their father’s sponsorship as long as they are unmarried (sons can only be sponsored by their parents until age 18, unless they are enrolled in a university).

A working woman can sponsor her husband’s visa which is renewable annually.

A mother can request the court to transfer the visa sponsorship of her children from their father to her.

Wife’s visa depends on the validity of her husband’s visa

Giving birth in UAE

• You will need to apply for your baby’s UAE birth certificate within 30 days of delivery
• To obtain Philippine citizenship of your baby, register the birth with the Philippine Embassy or Consulate.
• You can apply for passport for your newborn at the same time you register the birth
• Apply for a residence visa for your newborn upon completion of the steps above

Notes: It is illegal to be unmarried and pregnant in the UAE. The original passports and marriage certificate of the parents will be required for the issuance of the birth certificate. If the father is not in UAE, immigration stamps to prove that you were outside of UAE at the time of conception has to be presented.

If your baby was born in the UAE and has a health card, immunizations and vaccinations are free.

3. Family Code and Civil Code of the Philippines

 Article 15 of the Philippine Civil Code provides that laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

A petition to terminate the father’s parental authority over the child pursuant to Article 229 of the Family Code of the Philippines can be filed by the mother even if both of them are outside the Philippines.

What can be demanded from the father?

Article 194 of the Family Code

Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

Note: Section 3 B (3) of Republic Act 7610 of the Philippines, otherwise known as the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act considers the unreasonable deprivation of the child’s basic needs for survival such as food and shelter as a form of child abuse.

4. UAE Personal Status Law

Marital Problems & Family Disputes – how to deal with them –

• File a complaint against your husband at the Family Courts
• Bring passport and marriage certificate (attested)
• A counsellor will help you reach an amicable settlement
• If settlement is not possible, you will be referred to the judge for divorce

Last Will and Testament

If you do not have a will in the UAE, the default rule is your son will get twice more than your daughter. 

If your husband dies leaving no children, the wife gets 25% inheritance but if the wife dies leaving no children, the husband gets 50% inheritance.

5. UAE Penal Code

Crimes against honor – Article 359

A punishment of confinement for a period not exceeding one year and a fine not exceeding ten thousand Dirhams or either punishment shall be inflicted on any person who obstructs a female in such a manner as to violate her prudence by word or deed, on a public road or at a frequented place.

Child Support – Article 330

Shall be punishable by confinement for a period not exceeding one year and by a fine not exceeding ten thousand Dirhams or by one of these two penalties any individual against whom a self-executing judgment is rendered, imposing upon him the payment of alimony to his spouse, any of his relatives or legal dependents, or the payment of salary of the guardian or foster-mother or rent of a house and who, after three months from the day on which he has been warned to pay, refrains from performing the obligation although he is capable of fulfilling it.

6. Cybercrime Laws

Defamation – Article 21

Punishment of imprisonment for a period of at least six months and/or fine ranging from AED150,000 to AED500,000 to whoever using a computer network, electronic information system or any information technology means for the invasion of privacy of another by publishing news, electronic photos or photographs, scenes, comments, statements or information even if true and correct.

For more information, readers can visit www.gulflaw.info or call 04 444 9404. Gulf Law and volunteer Filipino lawyers hold monthly free legal aid and seminars at the Philippine Consulate in Dubai and Embassy in Abu Dhabi.

The post 6 Laws Every Filipina in the UAE Should Know appeared first on Illustrado Magazine - Filipino Abroad.

By Barney Almazar, Esq.

So you’ve done your holiday shopping, hit the malls for that iPhone  or designer purse, but before you think about taking out that credit card and swiping it for another purchase this year, read Article 401 of the UAE Penal code first:

“A punishment of confinement of one month to three years, or a fine of a minimum of AED1,000 shall be inflicted on any person who, in bad faith draws a cheque with no existing or drawable provision.”

Your MasterCard maybe as good as cash to Prada but as far as your credit card issuer is concerned, the consumed portion of your credit limit is “borrowed money” which you will have to repay plus interest. This means that you shouldn’t treat your credit card as cash in your wallet.  I’d like to discuss how you can manage credit and the legal implications of not being able to do so since I bet you wouldn’t want to spend 2014 sitting in jail due to all your unpaid holiday purchases.

When you applied for your credit card, you have agreed to the terms and conditions of the bank which you probably did not read at all. In gist, the fine print in the contract obliges you to pay all your purchases plus any interest, late charge, over limit penalty, annual membership fee and other applicable bank charges. You have authorized the bank to cash your security cheque should you default on your payment. If your cheque bounced, in the eyes of law, you have committed a crime.

The key to maximizing the benefit of credit (again, maximizing the benefit, not maxing out your limit) is paying all your purchases in full on the due date. If you cannot afford to make the full payment, strive to regularly pay more than just the minimum and do not use the card further until you are able to clear your balance. Adding purchases on top of your card balance will only make your interest payments bigger.  Forget the reward points you will earn for any additional spending. The price you pay for interests certainly outweighs the monetary value of the points you earn.

If you are practicing the golden rule above, you are doing very well and need not bother reading the rest of this article. Otherwise, I need your 100% attention.

Credit card issuers, just like any other financial institutions are not charity. They earn form the interest and bank charges you pay for using their money. When you get AED100, they expect to get back not AED100 but more.  The longer time it takes you to pay back, the more you lose in interest payments.

But what should you do when you overspend and cannot manage your bills? You need to get a pair of scissors, cut up your card and call the bank to arrange for a payment structure. You may negotiate a payment holiday during a period of unemployment, to extend the term of repayment or reduce the monthly payments. Once you make the settlement, you should stick to the agreed payment terms. It is always better to settle out of court as what the story of Nenita’s husband will teach you.

UAE Debt: Avoiding a Debt Sentence in the UAE

Nenita’s husband is working as an account executive in a real estate company. He has been using his platinum card for over 2 years but due to financial difficulties back home, he was unable to pay despite repeated demands from the bank’s collections department. The bank cashed his security cheque. After securing a report from the police for the bounced cheque, the bank filed a criminal case and he served jail time. Several months after his release, he and Nenita together with their 2 daughters decided to visit Manila. To their surprise, the airport immigration did not allow him to exit Dubai and was detained again for a pending civil case for collection of money.

It is a common notion that serving the prison term or paying the fine imposed for bounced cheque will erase one’s debts. This is absolutely wrong. The prison term or fine (which is normally lesser than the cheque amount) is the penalty for the criminal act of issuing a worthless cheque. It has nothing to do with the payment or extinguishment of one’s financial obligation which is civil in nature.  Banks are interested in getting back their money from the defaulter. Banks will not earn anything when the cardholder pays the fine or is imprisoned.  To collect the amount owed, banks will subsequently file a post-jail civil case for collection pursuant to Articles 246 and 710 of the UAE Civil Code obliging the debtor to pay his creditor as per the terms of the loan contract.

The civil case will be assigned to an execution judge who would compel the defaulter to pay up the cheque or risk being jailed again. At this point, banks are less likely to enter into a settlement. Based on experience, most banks demand full payment together with damages and cost of suit from the jailed cardholder.

Though the holiday season may mean increased spending for many, not all gifts have to be bought from stores. A clean credit history is priceless. Examine your wallets and consider rewarding yourself with financial freedom.

Handling Hard Times: When Debt Becomes Unmanageable

When you keep on borrowing money and debt becomes unmanageable, you will experience feelings of fear, stress, guilt, shame or anger. If you are in debt, you may receive phone calls and letters from the companies or people you owe money to.

What are the warning signs that you are headed for financial trouble?

• Are you regularly spending beyond your budget?
• Are you living from payday to payday?
• Are you unable to meet rent payments?
• Are you always paying only the minimum credit card bill?
• Are you not aware how much your total debt is?
• Have you maxed-out more than 2 credit cards?
• Are you consistently paying bills late?
• Are you hiding your debt situation from your spouse?

If you answered yes to any of the questions above, you really need to re-examine the way you handle your finances. You must aggressively pay off your debts and don’t hesitate to seek professional help.

What to do when times are hard

• Call your bank to arrange a loan restructuring
• List all expenses and determine which expenses can be eliminated, reduced or deferred
• Control your spending accordingly
• Always pay by cash, do not get additional loans
• Take advantage of available programs, benefits and insurance
• Eat well, sleep well and maintain social contacts and a positive outlook

How to Settle Loans?

Contact the collections department of your bank and advise you would like to make a settlement.

If you have defaulted on several loans within the same bank, inform the collections officer that you would like to settle all your loans. For example, if you have credit cards, personal loans and car loans issued by the same bank, you should settle all loans in one agreement—because the bank can still file a case against you for the other loans which you did not settle.

Important questions to ask your bank:

• How much is the outstanding balance per account?
• Have they filed a police case against you?
• If yes:
• Which police station?
• What is police case number?
• When was it filed?
• How much is the value of the bounced cheque?
• What are the available settlement options?
• Minimum settlement amount for one-time payment?
• Longest installment term and how much is the monthly payment?
• Minimum payment to release the police case, and what would be the payment terms for the remaining balance?

***

Once you have agreed on a settlement option, request for the settlement letter.

Make the payment as per the settlement letter. Do not make any payments unless you have the settlement letter.

Get the Release/Clearance Letter once you have complied with the payment terms.

If you have a pending case, secure clearance from the bank’s lawyer.

Present the clearance to the police station so your records can be cleared from the police and immigration systems.

Process for out-of-court settlement:

• The courts or the police will not be involved.
• Settlement will release you from criminal/police and civil cases.
• If the bank condoned part of your debt, your name will be included in the Central Bank blacklist.

Police Case vs. Civil Case for Bounced Cheque/Unpaid Loan

For more information on Central Bank rules on debt collection, readers can visit www.gulflaw.info or call 04-4492016. Gulf Law and volunteer Filipino lawyers hold monthly free legal aid and seminars at the Philippine Consulate in Dubai and Embassy in Abu Dhabi.

Check out our video on the UAE Law – UAE Code of Conduct, Deportation and Blacklists & Debt Issues

Read about UAE Immigration:  Deportation, Blacklist, Fines and Penalties

…….

Atty. Barney Almazar

Atty. Barney is a director at the Commercial Department of Gulf Law in the Middle East, Philippines and United Kingdom. He holds Juris Doctor and MBA dual degrees with concentration on International Business and European Union Law (University of London). He is a partner at Avanti Gulf, a recruitment company with access to 400 firms and 16,000 recruiters across six continents. Readers can contact him at barney@gulflaw.info

The post UAE Debt: Avoiding a Debt Sentence in the UAE appeared first on Illustrado Magazine - Filipino Abroad.

Filipinos in the UAE, like any other foreigners are subject to the provisions of Federal Law No 6 of 1973 on Entry and Residence of Foreigners as amended.

The General Directorate of Naturalization and Residency (GDNR) is the authority responsible for the issuance, renewal and cancellation of entry permissions and visas pursuant to the rules and instructions issued by the Ministry of Interior.

Residence Permits

There are 2 major types of residence permits:
a. For employment – under the (1) government, federal, public sector, international bodies and corporations, (2) private sector as a worker, employer
or employee and (3) individuals as professionals, domestic servants and the like; and
b. For residence without employment – granted to those who will (1) join his family, (2) enroll in a university, college or institute, and (3) join a training or specialty course in one of the public corporations or entities.
The holder of residence permit shall be authorized to reside in the UAE during the granted period, and shall, upon the expiry of or earlier cancellation of the permit, leave UAE within a maximum period of thirty days.
The residence permit shall be deemed cancelled if the holder stays outside the UAE for more than six months.
Visit visa holders are not allowed to work anywhere in the UAE with or without payment or for his own as employer. If the visa is issued for employment, the holder cannot work for another without the written consent of the GDNR.

 Deportation

A foreigner who has no expired or cancelled residence visa shall be deported at his own expense by an order of the GDNR. However, the Ministry of Interior may issue an administrative order for deportation of any foreigner, even if the foreigner has a residence visa, in the following cases:
a. if he has been convicted and the court has issued an order for his deportation;
b. if he has no apparent means of living; and
c. if the security authorities see that deportation is dictated by public interest, security or morals.
The order of deportation issued to a foreigner may include the members of his family who are under his sponsorship. If the foreigner against whom a deportation order has been issued has interests in the UAE which require to be settled, he can be granted respite to settle such interests after providing an acceptable sponsorship provided that such respite will not exceed three months.

Blacklist

The Blacklist contains the names of individuals prohibited from entering or leaving the UAE for committing a crime, for claims of civil rights against them or for posing a threat to public security. According to Article 94 of the Executive Regulations of Federal Law No 6 of 1973 as amended by Ministerial Decree No 83 of 2002, the following are prohibited from entering the UAE:
1. Those who have previously committed crimes and a deportation order from the UAE has been issued against them by the competent court;
2. Those who were deported according to administrative orders issued by the Ministry of Interior;
3. Those whose activities were reported by the International Criminal Cooperation Administration;
4. Those who were proved to be have HIV or AIDS or other diseases that the Ministry of Health deems to be threat to public health; and
5. Those who were deported from GCC countries on criminal grounds.

The same article provides the list of individuals who are prohibited from leaving the UAE:

1. A person against whom an order has been issued by the Public Prosecutor or a representative thereof in a case under investigation;
2. A person against whom a written order has been issued in a case by a competent court; and
3. A person who is indebted to the government and a prohibition order has been issued by the Minister of Interior or his representative.
In addition to the blacklist, there is also an Administrative List which contains the names of individuals prohibited to enter UAE due to cancellation of their residence permits and those who cannot leave the country and are to be apprehended due to an absconding case filed by their sponsors.

 UAE Immigration: Visa, Deportation, Blacklist & Appeals

Penalties and Fines

A foreigner against whom a deportation order has been issued may be held in custody for a period not exceeding two weeks wherever such custody is essential for the execution of the deportation order.
In Dubai, holders of expired or cancelled residence visa is subject to AED100 fine (after the 30-day grace period) plus AED25/ day of overstay. Holders of expired tourist visa is subject to AED100 fine plus AED100/ day of overstay.
Failure to pay the fine will mean jail term for a maximum of three months and the courts may likewise order deportation after serving jail term.

Overturning Deportation Orders
A person who has been deported may not return to UAE unless a special permission is secured from the Ministry of Interior. The mechanism to overturn an order of deportation varies as to the cause of such deportation:
• An amnesty law issued for the crime committed by the deportee or a pardon decree issued for the crime will allow the deportee to return to the country
• Legal rehabilitation • A court decision passed for the deportee

Check out our video on the UAE Law – UAE Code of Conduct, Black Lists and Debt-Related Issues

Common questions regarding visa, immigration, deportation, blacklist and appeals –

The General Directorate of Naturalization and Residency (GDNR) is the authority responsible for the issuance, renewal and cancellation of entry permissions and visas pursuant to the provisions of Federal Law No 6 of 1973 on Entry and Residence of Foreigners as well as the rules and instructions issued by the Ministry of Interior.

Who are deemed foreigners? Is dual citizenship recognized in the UAE?

Any person who is not a citizen of UAE is considered a foreigner subject to the immigration laws of the country. The UAE does not recognize dual citizenship. If you are a dual citizen, you must present the same passport in entering and exiting the country.

If a Filipina marries an Emirati, will she automatically become a citizen of UAE?

No. She is required to renounce her Philippine citizenship and apply for Emirati citizenship. Children with Filipino mother and Emirati father can acquire Emirati citizenship.

What are the types of entry permissions to UAE? If issued in Dubai, can it be used in Abu Dhabi?

The GDNR issues visit/tourist visas, residence visa for employment and residence visas without employment (such as those sponsored by their family).

The entry permits/visas, regardless of place of issuance, is valid in any emirate.

Can I work under a visit visa?

No. A visit visa will not allow you to work, whether paid or not. Even if you are self-employed, you are not allowed to perform any work on a visit visa.

If your visa is issued for employment, you cannot work for another without the written consent of the GDNR.

Can a visa be cancelled without notification to the holder? Can I be deported even if my visa is still valid? 

The Ministry of Interior can cancel a visa/entry permit at any time, even prior to expiry date for reasons of public interest.

As a general rule, only those who have no, expired or cancelled visa are deported. However, the Ministry of Interior may issue an order for deportation of any foreigner, even if he holds a valid visa, in the following cases:

1. if he has been convicted and the court has issued an order for his deportation;
2. if he has no apparent means of living; and
3. if the security authorities see that deportation is dictated by public interest, security or morals.

What are the rules being observed by the UAE Immigration regarding a foreigner’s passport?

The passport must conform to the following in order for its holder to enter UAE:

• must have a validity of not less than 6 months
• no manipulation of photo
• no removal or alteration in the particulars
• no apparent damage that prejudices the particulars
• no irregularities in pagination/page numbers/missing/pulled pages

If the grace period (following the visa cancellation) has lapsed, can I just pay the overstay fine while waiting for my new visa?

You can pay the overstay fine as long as your previous sponsor has not yet filed an absconding case against you. Your sponsor has the right to report you as an absconder if you failed to leave the country or get a new visa after the lapse of your grace period following cancellation. Even if you are willing to pay your overstay fine, the Immigration will still require you to clear your absconding case.

Can my employer file an absconding case against me if I’m not in the country?

As a general rule, an absconding case can only be filed if the employee is inside the UAE. However, your employer can file an absconding case against you and cancel your visa if you are out of the country for more than 3 months.

What is an exit prohibition order?

It contains the list of individuals who are prohibited from leaving the UAE due to:

• an order has been issued by the Public Prosecutor in a case under investigation;
• a written order has been issued in a case by a competent court; or
• indebtedness

If I have a pending Police Case, can my visa application be granted?

It depends where you are at the time of application. If you are in the UAE, your visa application will be denied unless you will be able to clear your case. If your visa application is being processed while you are outside UAE (meaning a case has been filed against you after you left UAE), then your visa will still be approved as the government is interested to acquire jurisdiction over your person and proceed with the case when you enter UAE.

Is it true that those who were deported can return to UAE after a year?

The automatic removal from the blacklist has limited application. Only the following can re-enter the country one year following their deportation: (1) domestic helpers whose visas were cancelled prior to expiry of contract; (2) those deported for overstaying and (3) those who did not pay their overstay fine in full.

Those deported for other reasons can return to UAE by appealing their cases before the Immigration, Prosecutor or the courts.

Is it legal to buy a visa? How can I legally stay in the country if I do not have a sponsor?

Buying of visa is illegal. The easiest and most practical way to have your own visa is to create your own company that will sponsor your residence visa.

You will not need to lease an office space or find a local sponsor. You can even split the cost of setting up a freezone company with your friends as all of you can become shareholders and at the same time be sponsored by your own company. A freezone company can provide you up to 3 visas valid for 3 years for only AED35,000. If you have more friends who wants to become shareholders, you can setup a company with up to 6 visas for only AED45,000.

Related article:

 How you can avoid a Debt-Sentence in the UAE 

Most common legal problems in the UAE and how to solve them

Check out other resources:

UAE Ministry of Foreign Affairs and International Cooperation

_______________

ATTY BARNEY ALMAZAR

Multi-awarded advocate Atty. Barney is a partner at Gulf Law in the Middle East, Philippines and United Kingdom. He holds Juris Doctor and MBA dual degrees with concentration on International Business and European Union Law (University of London). He is a partner at Avanti Gulf, a recruitment company with access to 400 firms and 16,000 recruiters across six continents.  For more information, visit www.gulflaw.info or call 971 4 444 94 04 . You may also write to Atty. Almazar at barney@gufllaw.info

Read about more about Atty Barney Almazar in Illustrado’s 100 Most Influential Filipinos in the Gulf

The post UAE Immigration: Visa, Deportation, Blacklist & Appeals appeared first on Illustrado Magazine - Filipino Abroad.

Starting Up a Free Zone Business in the UAE

By Atty. Barney Almazar

Starbucks was opened by three guys contributing $1,350 each. Today, its annual revenue is $14.9 Billion.  Logistics company UPS started with $100 and a bicycle shared by two teenagers. Currently, the industry giant delivers packages each business day for 1.1 million shipping customers to 7.7 million consignees in over 220 countries around the globe.

The people behind these companies are unconventional entrepreneurs – they don’t just think out of the box, they invent new boxes. Utilizing creativity rather than money, they did not rely on old-fashioned business start-up requirements of fancy office space, huge capital investment, traditional marketing and a hierarchical organization in order to be successful. Instead, they started their business with less planning, more gut feel and quite obviously, without tons of money.

Just like them, you too can turn your passion into profits.

Forget that kilo-metric business plan that’s been taking you years to finish. The only two important things in your business plan are the need of your customers you are aiming to provide (the product or service you would like to offer) and how will you deliver that need to your clients while making a profit.

Once you have identified the business activity that suits you and the strategy to make your business viable, you are now ready to become your own boss.

Inventing new boxes means generating fresh approaches in conceptualizing your business. And it’s never been easier especially with the free zones in the UAE.

The UAE Commercial Companies Law requires a Permanent Establishment such as an LLC to have at least one UAE national partner (usually referred to as the local sponsor) who holds at least 51% of the company’s capital. In contrast, companies established in the free zones can be 100% foreign-owned.  For a business start-up, having full control of the company’s operations and assets is vital. Free zones are special investment models allowing its owners to do business without the complications normally associated to a Permanent Establishment. A free zone is a portion of a clearly defined and isolated land or setting, with a special tax, customs and imports regime, usually involving a status of extra-territoriality.

The procedures and requirements for free zone company formation are a lot easier and simpler to comply with compared to setting up a Permanent Establishment. Through the “single-window” clearance approach, the bureaucratic process of filing separate applications with the Ministries of Economy, Immigration, Labor and the Chamber of Commerce is eliminated as you only deal with the free zone authorities.  Free zones provide flexible employment visa allocations so you can employ staff as needed. In free zones, your new company is registered within days, not months.

There are free zones that do not require a physical office space, helping you keep overhead costs to a minimum. Many business start-up have failed by renting an expensive office rather than focusing on the business itself. For start-ups, an impressive office may not actually be a must since most deals are closed in golf courses or hotels anyway.  Also, shared or virtual office services can be arranged for a fraction of the cost of a physical office. Savings can be better utilized better on marketing or product development.

A free zone company is entitled to provide UAE residence visas for its owners and employees. Generally, visa application rules are simpler in a free zone as no deposits are required. In addition, free zone visas are valid for 3 years compared to 2 years for LLC.

There are many ways to save when starting a business. Remember, far more important than financial investment is sweat equity or the efforts you will put in to make your business idea a profitable reality. Starting small is better than delaying your launch until you accumulate more funds. Just think of the “cha- chings: your cash register is losing each day you postpone your business venture.

The very basic requirement to start a business in the UAE is to secure a trade license. Under the UAE law,  There are 5 available business structures you can choose from:

•  Permanent Establishment such as a Limited Liability Company (LLC) or Partnership;
• Branch Office, if you have an existing company abroad;
• Free Zone Entity;
• Civil Company for practice of profession (only in Sharjah and Dubai); or
• Commercial Agency (appointing a local agent to sell your goods and services).

The post Starting Up a Free Zone Business in the UAE appeared first on Illustrado Magazine - Filipino Abroad.