Five Laws Every Filipina in the UAE Should Know

5 Laws Every Filipina in the UAE Should Know

By Barney Alamazar, Esq.

 

  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

 

  1. 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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

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Find more law articles here on Illustrado Life. 

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Author: Illustrado

From the Middle East to the rest of the world, IllustradoLife shares the stories of Filipinos expats from around the world, providing a global venue championing the world class Filipino. IllustradoLife features articles on fashion and beauty, travel, lifestyle, business, events and other topics of interest to the international Filipino community from its mother publication, Illustrado Magazine.

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