Foreign orders may be executed in the UAE under section 235 of the Civil Code by using the laws of the foreign country in local courts.
The United Arab Emirates is not a signatory to REMO. Foreign financial orders can be implemented within the UAE, although there are several challenges, as detailed below. The first step in enforcing a foreign order is to file an attestation case, which is essentially a mirror order application.
If you are new to these things and laws, then you can without hesitation go for legal assistance. There are a number of law firms in Dubai which are ready to help you in every possible way.
Learn Here: Law Firms in Dubai for New UAE Labour Law
235th Article:
The execution of decisions and orders issued in another country may be approved in the UAE under the same circumstances as those set forth in that country’s legislation.
- The execution order must be requested before the Court of First Instance in the jurisdiction where the execution is required, and it will not be possible to order the execution until the following has been verified:
That the state’s courts are not permitted to review the litigation in which the decision or order was issued, but that the foreign courts that issued it are permitted to do so.
That the decision/order was issued by a competent court in accordance with the laws of
the country in which it was issued.
That the litigants in the action in which the foreign decision was rendered were assigned
to attend and were adequately represented.
That, under the law of the court that issued it, the decision/order has acquired the power
Of a determined order.
That it does not clash with a previous decision or order issued by a state court, nor does
It include anything that violates the state’s morality or public order.
Labour and Employment Law and Complaints at MOHRE
According to Article 6 of UAE Labour Law No. 8 of 1980, an employer, an employee, or an employee’s beneficiary can make a complaint with the Ministry of Human Resources and Emiratization’s labor department. When filing a labor dispute, it’s a good idea to be aware of the following provisions and in that quality labour lawyer in dubai or employment lawyer in dubai will assist you:
- In all phases of litigation and execution, lawsuits filed by workers or their beneficiaries are immune from all judicial fees.
- Lawsuits brought by employees or their beneficiaries are heard quickly and efficiently.
- The court may order the plaintiff to pay all or part of the expenses if the lawsuit is not accepted or dismissed.
- After one year has passed from the date of maturity, no claim for any rights due shall be heard.
- If the processes outlined in Article 6 of the UAE Labor Law are not followed, no claim will be entertained.
- While the case is in court, the employee can apply to the ministry for a temporary work permit until the case is settled.
- The new temporary work visa is valid for six months and comes with a charge of AED 500 that the new employer must pay.
- The new work permit is valid for six months and can be renewed.
Individual labor disputes have their own procedures and timelines:
Labour and Employment Disputes must be filed with the Ministry of Human Resources and Mediatisation’s relevant labor department.
The department in question will summon the two disputants and take whatever steps are necessary to reach an amicable resolution. The parties are not obligated to accept the settlement at this time. If an amicable settlement cannot be reached, the department must refer the matter to the appropriate labor court within two weeks of receiving the request.
The referred case must be accompanied by a memo that includes a summary of the issue, both parties’ evidence, and the labor department’s comments. Within three days of receiving the request, the competent court will schedule a hearing for the claim and notify the two parties. The court may summon a representative from the Department of Labor to clarify the contents of the letter it has submitted.
Note: It is just an information which can be wrong as well. People should consult the Legal Consultants and Hire the Advocates before going to court or moving towards a legal action. Thanks.
