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Wednesday, June 13, 2012

Partnership issue



I have been working as a manager and partner in a company for three years. For more than six months I have not received my salary as a manager in the company, although as per the memorandum of association I am entitled to a monthly salary plus 20 per cent of the profits. Presently, a dispute took place between me and other partners on the issue of salary, as the company is not making any profit, according to the partners, and it may be shut down. My question here is whether I am entitled to file a complaint before the Ministry of Labour claiming my overdue salary. Please advise me in this regard and how to withdraw from the partnership contract.

 
I would like to clarify to the questioner that as a manager of a company he should not claim his salary before the Ministry of Labour as the questioner is a manager and partner and his residence is related to the GDRFA and the Ministry of Labour has no jurisdiction with regard to the dues of the partners. However, the questioner should refer to the company’s memorandum of association, especially the clause related to the manager and the way of the withdrawal of a partner and how to dissolve the company. Therefore, the questioner may call the partners for a meeting to settle the matter amicably or refer to the competent court. In case of failure note that the memorandum of association mentions the method to be followed in case of a disagreement among partners.




source : gulf news

http://gulfnews.com/uaessentials/ask-the-law/partnership-issue-1.1030265

Contact for any assistance regarding the same: Faisal Ibrahim Mobile: 971 55 2419200 ADAM SME consultant 2A, Ground Floor, Building No.6, Gold & Diamond Park P.O. Box:- 183827, Dubai, U.A.E. Fax: 971 4 341 9702 Mobile: 971 55 2419200 Email : faisal@adamadvisors.com Web: www.adamadvisors.com ISO 9001:2008 NO: ME/08/1147 ADAM Consulting as ADAM advisors

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