Know your rights @ Time Out Dubai

Know your rights

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By Matt Slater, November 2006

It seems everyone in Dubai has a nightmare story about how a friend of a friend has been sent to jail for doing very little wrong. With the vast majority of people having little or no knowledge of UAE law it is easy to believe these tales and they soon become part of city folklore. With that in mind, Time Out presents Know Your Rights – a guide to the laws that affect our everyday lives.

Alcohol

When people first move to Dubai one of the major questions they’re likely to ask regards the law about drinking and purchasing alcohol. A raft of new laws are set to make the way alcohol is consumed and purchased clearer, but for now, the golden rule remains that an individual must have a valid liquor license if they ever want to buy, transport or consume alcohol in the UAE. Dubai Police CID – who are in charge of controlling the situation – told Time Out they operate a zero tolerance policy. Any individual without a license caught with alcohol in their car or at home will have it confiscated and, depending on the amount they have, could face a prison sentence of up to five years. Drinking alcohol in an unlicensed place, such as in a public park or a beach, is a criminal offence whether someone has a liquor license or not. Attempting to sell beer, wine or spirits in the city is a serious offence which carries with it automatic deportation after a spell behind bars.

In the last six months getting a liquor license has become simpler as application forms – available at registered traders MMI and African and Eastern – are now also processed by the two firms rather than the individual having to take it to the police themselves. Once an individual has a license they must have it with them if they are travelling with alcohol in their vehicle and they also need the receipt of purchase. Failure to do so is, technically, a criminal matter. ‘Having the license and the receipt is essential,’ says MMI general manager Clive Rogerson. ‘At present the written rules on the license are not all in both English and Arabic but this will change. It will take away a lot of the confusion. It will also mean people cannot have excuses for being in the wrong.’

At present it is an offence for tourists to buy alcohol at Dubai Duty Free and take it to where they are staying – although it has to be said prosecutions are virtually non-existent. The same applies for expats who have just arrived and have yet to get a liquor license. ‘There are plans for people to be able to get temporary licenses which would make the situation a lot more practical,’ adds Rogerson.

When legally buying alcohol in other emirates, such as Umm Al Quwaim, a Dubai liquor license only offers protection from prosecution once a person’s vehicle is back in the city. It is a very serious offence to be carrying any amount of alcohol in Sharjah and last year more than 20 Dubai residents were jailed there after being prosecuted. Dubai Police would also like Time Out to point out alcohol-related offences are treated more harshly than equivalent offences which are not fuelled by alcohol. Also, many foreign embassies refuse to help people caught drink driving.

Consumer

Responsibility for the protection of consumer rights in Dubai is split between the Public Health Department at Dubai Municipality and the Dubai Economic Department.

The economic department looks into complaints from members of the public who say they have been ripped off in shops or online. For example, this year they launched an investigation into claims a trader in the city was selling water purifiers that did nothing to alter the quality of water. The Dubai Economic Department stepped in and managed to get refunds for all those who made complaints. They also have the power to secure a court order if required. Shockingly, there are no blanket consumer rights in Dubai for people who buy goods in shops. It is the responsibility of the individual stores to provide details of their returns policy. Customers have the right to ask for a copy if it is not on display and firms who fail to produce a copy can be fined. Ella Mountain, manager of H&M Dubai, said: ‘Return policies here are renowned for being below par but unlike a lot of places H&M, and the rest of the stores franchised under Al Shaya, have a return or refund policy of 14 days.’

‘A lot of stores here have a ridiculously short return period and in some cases there is no return period at all. There isn’t a consumer rights law here – what is offered is down to the company’s discretion.’

Dubai Municipality is responsible for handling consumer rights in terms of things such as dangerous toys or electrical equipment, health concerns in restaurants and builders who complete substandard work. This year they confiscated a range of ‘electric shock’ toys that were being sold in the city. ‘With regard to consumer rights issues, only matters concerning actual public health like food control, clinic and community health, pest control, veterinary services, toys and building materials are dealt with by the municipality,’ a spokesman for Dubai Municipality told Time Out. ‘For consumable goods it is actually the Dubai Economic Department who deal with these matters.’

Amazingly, the municipality get complaints from people who have bought pirate DVDs either from travelling sales people or in areas such as Karama. Obviously, there are no consumer rights for people who do this and are upset when the quality is poor. It is worth noting there are also no consumer rights for anyone who buys a product from someone selling goods door-to-door. This is illegal in Dubai and even if the firm appears legitimate nothing can be done to get any money back.

Drugs

Tourists jetting into Dubai or expatriates returning from a trip home are often unaware they are bringing illegal drugs into the city because a range of medicines legal elsewhere are banned here. The UAE Ministry of Health has now compiled a list of 65 pharmaceutical products they have classified as narcotics. It includes brands such as Co-Codamol and Paracodol – tablets readily available over the counter in chemists abroad. Customs officials say many airline passengers found carrying banned medicines claim ignorance and complain that details of what is legal and illegal are shrouded in mystery. Customs deny this and say the full list can be obtained by contacting the Ministry of Health or pharmacies in Dubai.

‘People can get the details of what they are allowed to bring into the country,’ says Ahmed Bin Lahej, a customs director at Dubai International Airport. ‘It also needs to be known that there is not just a simple total ban and our officers will discuss the situation with people and contact medical experts if we need to. Sometimes these medicines need to be brought in but for that to happen people need to have the correct paperwork.’

Customs in Dubai also want to set the record straight regarding punishments for bringing banned medicines into the UAE. There have been several reports about people being jailed or deported simply for having a box of Co-Codamol in their hand luggage. In these cases, say Dubai Customs, there were other circumstances to consider, and that in the case of an honest mistake the substances are simply confiscated. However, officers do have the right to quiz anybody they suspect does not have genuine reasons for the medicine they have.

‘If it is an accident then we take it off them. It is only when there are large quantities or something else is happening that there are different punishments. Officers are trained to speak to the public about any situation to avoid any problems. When it comes to actual illegal drugs then obviously this is much more serious,’ added Bin Lahej.

Virtually all cases of hard drug possession in Dubai end up with the culprit being put behind bars. It is worth noting that in Dubai a drug is a drug and that trials involving marijuana and heroin are dealt with in the same way. Recent court cases suggest anyone caught dealing drugs can expect to be given a life sentence. Possession can range from six months to several years depending on the quantity of drugs. The policy is clear: zero tolerence to the nth degree.

Labour laws

When people look into moving jobs within Dubai the first thing they worry about is being hit with a ban. And, despite widespread belief that such bans are now illegal, this is not the case; UAE Labour Law does contain a clause that allows such bans to be implemented. In a nutshell, if an employer is unhappy with the circumstances of an employee’s departure, they can try and stop them from working elsewhere in the country for up to a year. However, in practice, this has to be mentioned in an employment contract and the UAE Ministry of Labour recommends the best thing to do is to seek legal advice before signing an agreement.

Jennifer Bibbings, a partner with Trowers and Hamlins solicitors in Dubai, is a labour law expert who does work for the British Embassy. She explains how people need to be more aware of protecting their rights in the job market. ‘Regarding the Labour Law, the Ministry of Labour does publish it with an English translation which you can buy outside the Ministry or in some bookshops,’ says Bibbings. ‘Before entering into an employment contract it is always advisable to seek legal advice.’

It is also a myth that a person working in a Dubai free zone cannot be hit with a ban. This is not true as no exceptions are made in UAE Labour Law even though it is currently common practice that those moving within the same free zone can have their visa transferred. It is the right of every employee in Dubai to contest banning orders through the Ministry of Labour and the same goes for anyone with another serious work-related complaint.

Away from banning orders, maternity pay is covered by UAE Labour Law and the section states a women is allowed 45 calendar days on full pay if they have worked at a company for a year. Those who have worked less than a year are entitled to half pay for 45 days. There is no mention of paternity pay although many employers are starting to bring it in.

A few years ago many firms in Dubai confiscated passports in an attempt to stop staff from going home if they wanted to. The Minister of Labour, Dr Ali Abdullah Al Ka’abi, is utterly against this and any company found breaking this law faces big fines and even closure. However, Dr Al Ka’abi believes businesses that invest large amounts of money in employee training should be able to get the cash back if the individual does not serve an adequate amount of time with them.

Property

With rents still soaring, horror stories of landlords ripping off tenants will never go away – but at least the formation of Dubai Municipality’s Rent Committee has given victims the chance to fight back. Rent hikes at the end of a tenancy agreement are capped at 15 per cent and if anyone is asked for more they should contact the rent committee who will investigate the complaint. Unfortunately, it has now been announced that the 15 per cent cap will only last until the end of December and Time Out has been told about a set of new, slightly more complicated regulations which look likely to be introduced. In the wake of the rent cap being introduced, landlords wanting to introduce ridiculous prices told tenants they had to leave before re-advertising the property at an inflated fee. That loophole has now been closed and if a tenant is willing to pay the extra 15 per cent they do not have to leave.

Rules and regulations about where single people can live in Dubai are becoming increasingly hazy as the amount of bachelors – both male and female – increases. Marwan Abdullah is head of the building inspection section at Dubai Municipality and he says one of his main roles is making sure families living in the city can do so in peace. The boundaries of which areas are ‘family only’ are not precise but the basic rule is that single people can only live in apartments, flats or purpose-built bachelor accommodation such as labour camps. The regulation was brought in to prevent large groups of construction workers from cramming into villas. But, technically, the municipality can evict any single people living together in villas throughout areas such as Umm Sequim or Jumeirah – which are designated ‘families only’ – and cases of evictions happening are increasing.

The biggest change in the laws relating to property ownership in the emirate came with the introduction of the Dubai Property Law earlier this year. In certain areas expatriates can now legally own property and have their name on the deeds to the address. Mark Towers, who runs property firm Dubai Premier, adds: ‘It has made the situation better – there is no doubt about that. But expatriates still need to be careful about how they go about things. They should have things looked at legally and make sure everything is in place before going ahead with buying a property. It is a vibrant market but there are people looking to make some quick, short-term money and so making sure you are covered is a big priority.’

Public decency & living together

Non-married expatriate couples that live together are very unlikely to end up in court facing charges. But it is still an offence in Dubai and is something that is handled in co-operation between the municipality and the police. In practice it is only when the behaviour of an unmarried couple living together causes offence to a neighbour that eviction and criminal proceedings become likely. ‘The way it works is that if people are not upset or offended by something then there is no need to take strong action,’ said an officer at Bur Dubai police station. It is not an offence for groups of single men or women to live together so long as they are not doing so in an area designated for families only. The behaviour of couples – either married or unmarried – outside of the home is more of a concern to the police. Physical contact, such as holding hands, in public is not tolerated and is deemed to be insensitive. A stern warning from the police is the punishment. Anything more than holding hands crosses the threshold into a criminal matter and jail terms are handed out to people who break the boundaries of public decency. Anyone – whether you are married or unmarried – caught having sex in a public place or in a car can expect to be put in jail with deportation to follow. Homosexual acts are illegal in the UAE.

The way women dress in Dubai hit the headlines during Ramadan with wild claims expatriates were offending Muslims by wearing next to nothing. However, according to the police the number of complaints was minimal. Police say the only real problem they have during the peak tourist season is both men and women wearing trunks and bikinis when they are not at the beach or by the pool. Females going topless are not tolerated anywhere in the city and property firms such as Emaar say they have had to issue warnings about the problem as some women think it is acceptable to take off their tops if by private pools.