Тим Эллиотт
Welcome, everybody, to this webinar version of the Yamalova & Plewka podcast, Lawgical, in partnership with LegalAdviceME.com. My name is Tim Elliott, and I’m here to chat with Ludmila Yamalova.
Now Ludmila, for those who don’t know—the few who don’t know—is the founder and managing partner of HPL Yamalova & Plewka DMCC here in Dubai. Ludmila, you’ve been actively practicing law in the UAE since 2008, right?
Людмила Ямалова
Indeed, Tim, it has already been 12 years.
Тим Эллиотт
There you go. With 18 years of legal experience, Ludmila is also US-qualified and licensed by the State Bar of California. You wouldn’t know it looking at her, but six of those years were spent in Silicon Valley.
Ludmila has been a regular guest on Dubai’s leading talk radio station, where we first met, spending afternoons answering legal questions. We never seemed to have enough time, so we extended those discussions into a weekly podcast called Lawgical.
Now, due to COVID-19, we’ve moved to Zoom and are also live on Facebook. Ludmila, it’s great to see you.
Людмила Ямалова
Good to see you too, Tim. Although we’re physically apart, it’s great to have Zoom to connect in real time.
Тим Эллиотт
Exactly. Today’s webinar focuses on personal and corporate liabilities in the UAE, especially against the backdrop of COVID-19.
The pandemic has changed how we live, work, and interact. If you’re responsible for paying or managing money, this discussion is for you. Feel free to send in your questions; we have about an hour to answer them.
Ludmila, let’s dive in. Starting with businesses—these are tough times. What should companies and individuals prioritize to ensure survival and continued prosperity?
Людмила Ямалова
You’re absolutely right, Tim. These are incredibly challenging times, not just in the UAE but globally. Many businesses are experiencing a sharp decline in revenues, leading to cash flow issues and difficulties in meeting liabilities.
From a corporate liability standpoint, obligations extend to shareholders, directors, and managers. These obligations aren’t just legal but also human. Businesses must navigate employee salaries, rent, licensing fees, and bank loans, all while revenues decline.
On a personal level, employees face reduced income, terminations, or unpaid leave, compounding financial pressures. These are unprecedented times, and everyone—companies and individuals alike—is trying to adapt.
Тим Эллиотт
We’ve already got questions coming in, so let’s jump around a bit. JP asks: What happens with school fees right now? Can schools demand payment, refuse admission for the next year, or report non-payment?
Людмила Ямалова
Great question, JP. Let’s frame this legally: at its core, this is a contractual issue. Schools provide a service, and parents agree to pay for it. When one party can’t fulfill its obligation, it potentially breaches the contract.
Parents often don’t think of school enrollment as a formal contract, but it is. Admission forms, fee schedules, and school policies collectively outline the terms of the agreement.
Now, due to COVID-19, schools transitioned to online learning, which many parents feel doesn’t match the quality of physical schooling. While schools cite force majeure—the pandemic—as a reason for non-performance, parents understandably expect discounts or refunds.
Legally, schools must provide reasonable alternatives, but outright refusal to issue certificates or reports is wrong. If such practices occur, we hope the government intervenes to prevent them.
Тим Эллиотт
Let’s move back to corporate liabilities. A listener asks: How can you enforce payment of end-of-service benefits if a company can’t pay upfront and offers installments instead?
Людмила Ямалова
This is a tricky but common situation. Employees are entitled to end-of-service payments as a lump sum. However, with cash flow constraints, many companies propose installment plans.
As an employee, you have two options: accept the installment plan or file a case. Litigation can be time-consuming and costly, especially if you’re leaving the UAE.
If you choose installments, ensure you have a clear, written agreement outlining payment terms. To secure your claim, request postdated checks. Alternatively, negotiate for a smaller lump sum upfront.
Ultimately, it’s about striking a balance—companies want to pay, but the timeline may not align with your immediate needs.
Тим Эллиотт
Speaking of liabilities, another listener asks: What happens if a company can’t provide PPE for employees returning to work? Are they liable if employees get sick?
Людмила Ямалова
Yes, absolutely. Companies are legally obligated to ensure workplace health and safety. During COVID-19, this includes providing adequate PPE and adhering to precautionary measures.
Failure to do so exposes the company to fines and liability for any resulting health issues. Employers must prioritize compliance to protect both employees and themselves from legal repercussions.
Тим Эллиотт
Let’s wrap up with one more question. A listener writes: My landlord has my checks but refuses to return them even though I’m vacating early. What can I do to prevent them from cashing my checks?
Людмила Ямалова
Unfortunately, once the landlord has your checks, they have the legal right to cash them. Stopping the check isn’t an option under UAE law.
However, you can document your communication, proving you’ve vacated the property and notified the landlord. If they cash the check despite this, you may file a civil claim for reimbursement.
The best course of action is to negotiate directly with your landlord to avoid escalation.
Тим Эллиотт
Ludmila, thank you for your insights.
Людмила Ямалова
Thank you, Tim, and thanks to everyone who joined today. If you have more questions, feel free to reach out. We’ll continue hosting these webinars to address your concerns during these challenging times. Stay safe and strong.
Тим Эллиотт
A quick reminder: Lawgical is available weekly wherever you find your podcasts. Thanks for watching, listening, and participating. See you next time!
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