Host
Welcome back to Drive Live Talks Legal. Joining us is Ali Al-Assad from Yamalova & Plewka. We were just discussing excise tax, but now let’s shift gears to wills and probate. Ali, there’s news that you can now register a will online in Dubai. Can you walk us through this?
Ali Al-Assad
Yes, this is a significant development. The DIFC Wills and Probate Registry has introduced an online service allowing international investors to register their wills remotely. This service is available for properties and free-zone company shares located in Dubai and Ras Al Khaimah.
Host
Interesting. So, does this mean investors living abroad no longer need to come to Dubai to register their wills?
Ali Al-Assad
Exactly. They can now complete the process through video conferencing with a DIFC officer. However, it’s important to note that this service only applies to specific assets—namely real estate and shares in free-zone companies. If you wish to include movable assets or guardianship provisions for minors, you would still need to complete the registration in person.
Host
What about signatures and witnesses? How does that work when registering a will remotely?
Ali Al-Assad
That’s a great question. The DIFC has implemented a secure video conferencing system where applicants can sign their wills electronically under the supervision of a registry officer. This ensures the document is legally binding without the need for physical witnesses.
Host
This sounds like a game-changer for international investors. Is there a limit to the number of properties or assets that can be included in these wills?
Ali Al-Assad
Yes, there are limits. A single-property will costs AED 7,500 to register, and the fees increase based on the number of properties or companies included. However, this service is designed to be efficient and cost-effective compared to traditional methods.
Host
And for those who move to Dubai later—does the will still stand?
Ali Al-Assad
Yes, the will remains valid. Residency status doesn’t affect the legality of the will as long as it was drafted and registered properly.
Host
Good to know. If you have questions about wills, probate, or anything else, send them in now. Ali Al-Assad from Yamalova & Plewka will continue answering your legal queries after this. Stay tuned!
Host
Thanks for staying with us on Drive Live Talks Legal. We’re here with Ali Al-Assad from Yamalova & Plewka, tackling all your legal queries. Ali, we’ve covered excise tax and wills so far, but we’ve just had a question about the new law for domestic workers. Could you explain what’s changed?
Ali Al-Assad
Certainly. The UAE recently approved a law setting clearer working conditions for domestic workers. This includes a regular weekly day off, 30 days of paid annual leave, and a minimum of 12 hours of daily rest, with at least 8 of those being consecutive. Importantly, domestic workers now also have the right to retain their personal documents, such as passports, which employers are not allowed to withhold.
Host
That’s a significant change. Does this new law apply to all domestic workers?
Ali Al-Assad
Yes, it applies to household workers, including nannies, cooks, private trainers, nurses, drivers, gardeners, and others providing personal services. However, it doesn’t cover those employed by companies. For example, a cleaner hired through a cleaning company would not be covered under this law because they are considered an employee of the company, not a domestic worker.
Host
Right, so this is specifically for workers employed by families or individuals. Another question—what happens if an employer refuses to return a worker’s passport, despite this law?
Ali Al-Assad
If an employer withholds a passport, the worker can file a request for its return through the Urgent Matters Judge at the local court. This process is relatively quick, and within 48 hours, a court order can be issued demanding the employer return the passport. If the employer refuses, the worker can involve authorities to enforce the order.
Host
That’s reassuring to hear. But what if an employer retaliates by firing the worker for requesting their passport back?
Ali Al-Assad
If the employer fires the worker for such a reason, it would be considered arbitrary dismissal. In this case, the worker would be entitled to compensation under UAE labor law—typically up to three months’ full salary.
Host
Good to know. Let’s take another listener question. This one asks: “I resigned from my job due to six months of unpaid salary. I signed an agreement to be paid in installments, but now the employer has stopped payments. What can I do?”
Ali Al-Assad
If you’ve resigned and signed a settlement agreement, this shifts the relationship from employer-employee to a civil agreement. You would need to file a civil case to claim the remaining payments. If you’re still working for the company, however, you can file a labor case instead.
Host
Does the process differ significantly between a labor case and a civil case?
Ali Al-Assad
Yes. Labor cases under AED 100,000 have no filing fees, making them more accessible. Civil cases, on the other hand, involve standard filing fees—typically 5% of the claim amount, capped at AED 20,000.
Host
That’s helpful information. Another listener asks, “Does the new domestic worker law apply if the worker is hired through a company but works in a private home?”
Ali Al-Assad
No, it doesn’t. In that case, the worker is employed by the company, not the individual, and their employment is governed by standard labor law rather than the domestic worker law.
Host
Thanks for clarifying that. Before we wrap up, Ali, do you have any final advice for our listeners navigating these new laws?
Ali Al-Assad
My main advice is to stay informed and proactive. Whether you’re dealing with employment contracts, property transactions, or any legal matter, understanding your rights and responsibilities is crucial. And when in doubt, consult with a legal professional to ensure you’re on the right track.
Host
Great advice. Ali Al-Assad from Yamalova & Plewka, thank you so much for joining us today and shedding light on these important topics.
Ali Al-Assad
Thank you. Always a pleasure to be here.
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