‘Can I get into legal trouble in the UAE for swearing?’

Question: I had a situation at the end of last year where I had an argument with someone. I was very angry and swearing as the person would not listen to what I was saying. Although there was no damage to anyone or anything, this person made a complaint against me for two words I said in response to his shouting. The problem has been sorted now and I have apologised for my words. The person said they will cancel the complaint and tell the police it was a misunderstanding. He sent me a file number and said it has been resolved but I am still worried. I can’t find anything on the police website. What can I do to check? SM, Abu Dhabi Answer: When an individual makes a formal complaint to the police, they will be issued with a file number for the case. Such information is not in the public domain, so if SM wants to check the status, he will need to visit the police station to check in person. Only the police can confirm the status of the case to him and if it has been closed. Q: I worked for a company for two days as a trial. At the end of the third day, they said my work was good and offered me a job with visa . This was a verbal offer, but it seemed genuine. I was told that the paperwork for the employment offer and everything else would take a few weeks. I asked for an email to say the company was offering me a role with the salary but after a week, I was told they had changed their mind. The employer said they would pay me Dh600 ($163) for each day I worked but I haven’t received any money. Can they refuse to pay me? If they don’t pay, how can I make a complaint to make them pay me what I am owed? MC, Sharjah A: Under UAE law, no one can work for any company unless they have a residence visa and a work permit . The visa could be from the employer, a spouse, a parent, be a golden visa or similar but some kind of residence visa must be in place. No one is allowed to undertake any work in the UAE while on a tourist visa. Even if the employer does not need to provide a residence visa, they must always obtain a proper work permit. This is the document that is often referred to as a labour card. Without a visa and work permit, the employer is acting illegally but the individual is also breaking the law. As MC was working illegally, she cannot register a case with the Ministry of Human Resources and Emiratisation or take any other legal action to request payment for the days worked. The concept of working a trial period without paperwork is not recognised in UAE employment law. All employers should know better. and I am sure this one does, but I still come across far too many companies that break the law in this way, knowing fully well that the individual has no way of following up for non-payment. Q: I plan to buy a property in the UK and will need a mortgage for it, but I have a concern about my credit rating. A few years ago, I shared a house with two friends in the UK and one of them had a lot of debts. He had personal loans and several credit cards but did not keep up with the payments. It was so bad that his car was repossessed and he had court judgments against him for not paying. My worry is that I have to disclose my addresses and this is one of them. Will his credit record affect me in any way? Will it show in a search about me and will it mean I will have problem getting a mortgage? HK, Dubai A: The good news for HK is that credit ratings are personal to each individual. Someone else’s credit rating will be relevant only if any past credit was in joint names and there were any defaults or late payments. The credit rating of any other occupants of an address, whether past or present, should not affect a personal score. If a mortgage lender asks about someone else’s score, they need to be aware of data protection rules as they are not permitted to disclose third-party information. Any debts or past credit issues will show the name of the person to whom it relates, so HK’s name will not be listed as a defaulter or on any listed court judgments. The only relevant information is anything in HK’s name. The advice provided in our columns does not constitute legal advice and is provided for information only Contact Keren at keren@holbornassets.com or at www.financialuae.com