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ARTICLE · 06 JULY 2010

Public Welfare

Al Tamimi & Company
Al Tamimi & Company
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Al Tamimi & Company

Al Tamimi & Company

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In ruling upon an action initially filed before the Abu Dhabi Court, the Court of Cassation held that pursuant to a Fatwa issued from the Fatwa and Legislation Department, private establishments contributing to public welfare are deemed to be considered as private establishments and thus subject to private law; specifically, to Federal Law No.8 of 1980 ("Labor Law").

United Arab EmiratesEmployment and HR
Fatma Moosa Al Balooshi
Fatma Moosa Al Balooshi
Taiba Saeed
Taiba Saeed

In ruling upon an action initially filed before the Abu Dhabi Court, the Court of Cassation held that pursuant to a Fatwa issued from the Fatwa and Legislation Department, private establishments contributing to public welfare are deemed to be considered as private establishments and thus subject to private law; specifically, to Federal Law No.8 of 1980 ("Labor Law"). The Court of Cassation also held that:

  • The money held by these establishments does not have the characteristics of "Public Money" as defined in the Administrative Law; and
  • That the employees of these establishments are not considered as public employees.

Claim

An administrative action was filed by an employee ("the Claimant") against two quasi-governmental companies ("the Defendants"). The Claimant requested that the Court, on an urgent basis, do the following:

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