A woman can file provisional lawsuit if she is denied alimony

■ I am a Muslim woman, married to a Muslim man with whom I have a three-yearold son. Three months ago, my husband divorced me for no reason and left the house. A month ago, I called him to inquire about the divorce certificate that he had promised to give me, but he refused to do so, saying that he did not divorce me. I do not have witnesses. In a month’s time, the house rent will be due, but I have no money to pay the rent or spend on my son. How can I secure my rights?

Article (16) of the UAE personal status law says that ‘The lawsuit concerning personal status matters shall not be admitted before the court unless it has previously been submitted to the Family Orientation Committee. Exempted from this provision are matters concerning wills, inheritance, summary and provisional lawsuits concerning alimony, fostering, guardianship as well as cases that cannot be settled by conciliation such as evidence of marriage or divorce’.

In order to oblige your former husband to pay the alimony, you may file a summary and provisional lawsuit, requesting a monthly alimony since the date he stopped paying you money. A request for this summary and provisional lawsuit may also be made in front of the personal court, accompanied by the divorce lawsuit, custody and all related alimonies.

It is necessary to file the lawsuit in front of the court, starting with the Family Orientation Committee for divorce and custody, with all their related alimonies. In front of the court, in case the husband does not confess the act of divorce, the burden to prove it shall fall on you, using the testimony of witnesses or any document such as messages, emails etc.

Overtime and working on Fridays

■ I work in a private company affiliated with the UAE Ministry of Labour. How is the overtime work calculated for worker? Does the employer have the right to force the worker to work on official holidays or on Fridays on a continuous basis? Articles (67) and (68) state how overtime is calculated. Article 67 states: ‘Should the work circumstances require the carrying out by the worker of a work for more than the ordinary working hours, the additional period shall be deemed an overtime, for which, the worker shall be paid a wage equivalent to the ordinary hourly wage, with an addition of at least 25 per cent of the said wage.’

Article (68) sates: ‘Should the work circumstances require the carrying out by the worker of extra work between 9pm and 4am, the worker shall be entitled to a wage equivalent to the ordinary hourly wage with an addition of at least 50 per cent of the said wage.

The worker should do overtime in case the work circumstances require the carrying out by the worker of a work for more than the ordinary working hours. The employer has the full authority to organise the work and to regulate the working hours at his or her facility according to the conditions permitted by the nature of the work, so that the effective overtime working hours as per Article (69) may not exceed two hours per day, unless such work is necessary for the prevention of the occurrence of a colossal loss, a serious accident or the removal or mitigation of the consequences thereof.

As for working on Fridays, Article (70) states: ‘Friday shall be the ordinary weekly rest day for all workers, with the exception of the daily worker. Should the circumstances require that the worker works on this day, then the worker shall be entitled to a substitute rest day or to the basic wage for the ordinary working hours, in addition to 50 per cent of the said wage. Article (71) states: ‘The worker may not be requested to work for more than two consecutive Fridays with the exception of the day workers.’

■ Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.