أسئلة وأجوبة
أسئلة وأجوبة
9 متاح 9 • عرض الجميعالمطالبة بمستحقات العمل بعد صدور الحكم رغم بيع كافة الأصول
س: السادة المحامون،
نحن خمسة موظفين نعمل في شركة ذات مسؤولية محدودة مقرها دبي. رفعنا دعوى عمالية ضد الشركة. فزنا بالدعوى وعينت المحكمة خبيرًا لبيع أصول الشركة.
انتهت الإجراءات، لكن المدير العام باع جميع الأصول القيمة مسبقًا. نتيجة لذلك، لم يتبق شيء في الشركة. عندما استفسرنا لدى العضيد (محكمة دبي) لفرض حظر سفر، قيل لنا إنه غير ممكن لأنها شركة ذات مسؤولية محدودة.
في هذه المرحلة، نريد (وفق مطالبة إجمالية قدرها 300000 درهم إماراتي) تعيين محامٍ بهدف:
1. التحقق مما إذا كان بإمكاننا طلب إصدار حظر سفر أو مذكرة اعتقال ضد المدير العام للشركة.
2. نعتقد أنه حول الأموال إلى حساباته الشخصية. لذلك، نريد مراجعة حسابات الشركتين (واحدة شركة منطقة حرة في عجمان والأخرى شركة ذات مسؤولية محدودة في دبي) على مدار السنوات الخمس الماضية.
تتكون الشركة بشكل أساسي من فرعين، أحدهما شركة ذات مسؤولية محدودة في دبي والآخر شركة منطقة حرة في عجمان. كانت تأشيراتنا تابعة للشركة ذات المسؤولية المحدودة، ولكن معظم الفواتير والمدفوعات كانت من خلال حساب شركة المنطقة الحرة.
المُلاك وأرقام ضريبة القيمة المضافة لكلا الشركتين متماثلة، ولدينا بريد إلكتروني وكشوف حسابات لإثبات ذلك.
برجاء تقديم المشورة!
2023/01/28
414
تنفيذ حكم محكمة العمل في حين أن الشركة لم تعد قائمة
س: لقد صدر حكم محكمة العمل لصالحي (أنا موظف) في ديسمبر 2019، ضد صاحب العمل السابق، لعدم دفعه الرواتب والمطالبات المتعلقة بالنفقات ومكافأة نهاية الخدمة.
لسوء الحظ، لم يسددوا مستحقاتي حتى الآن. والأسوأ من ذلك أن المالكين غادروا البلاد ولم تعد الشركة قائمة على أرض الواقع؛ ولا يوجد سوى الكيان القانوني. ليس لديهم أي أصول أيضًا.
هل من المنطقي الاستمرار في السعي لتنفيذ الحكم؟
أيضًا، هل هناك أحكام لمتابعة تنفيذ الحكم في بلد إقامتهم الحالي؟
2020/04/27
1684
I have a case against my company. I won the case and I registered execution for court
Q: I have a case against my company. I won the case and I registered execution for court.
3 months passed and the company did not pay my money or return my passport.
Now I have no money to leave and keep the case running and I want to go to my country.
Please advise me on how to go forward.
2024/03/06
200
What is the seize fund account for the UAE labor court?
Q: What is the seize fund account for the UAE labor court?
2024/03/21
312
How can I get my labor rights after filing execution without response from the employer?
Q: I have got the final labor case judgment date of 20/03/2024 and I waited for more than one month, but the company did not respond. So I registered an execution case dated 30/04/2024 in Dubai Courts and issued a notice to the company.
One person visited the company location but a person from the company said that the company was not there, so the court representative took a picture of the location and reported back to the court.
On 23/05/2024, I visited the Al Adheed Center again and they issued a digital notice by email, and till now the company has not responded.
I need your expert advice, what should I do now?
Please note that the company is Dubai-based. The license is LLC and it's already blocked due to a group complaint against them by the MOHRE.
2024/05/30
338
I won a labor case and the execution is completed, but my employer hasn’t paid. What’s next?
Q: Dear Sir/Madam,
I won a labor case and the execution is also completed, but my employer still hasn’t paid.
I requested to cease the company, but still, nothing has happened.
How can I get my money faster? What’s next?
2024/06/05
124
Will I receive my unpaid salaries and gratuity after the company closes?
Q: Hello Ma'am/Sir,
I have been working for more than four years at a company based here in Abu Dhabi. My company is supposedly closing down due to financial debt, and I have received my termination letter.
Will I be able to get all the salaries that the company hasn't given to me, and will I still be able to receive my gratuity?
Thank you very much for your response!
+1
2024/06/10
413
How can an employee verify a company's properties to enforce a court judgment?
Q: Dear Lawyers,
How can I inquire about properties registered under a company if I have a copy of its trade license but don't know how to verify the properties associated with it?
Please note that my labor case is currently in the execution stage. Despite taking multiple steps, the employer is disregarding the court's decision and continues to ignore it.
The company is an LLC, and its bank accounts show no available funds.
+3
2024/12/12
75
Employer paid, but court hasn't released my funds. What can I do?
Q: Hi,
I filed a labor complaint, and it has been executed.
My employer has paid the full amount, but it has been almost 18 days, and the court has not yet released the funds to my bank.
Can someone advise me on what to do in this situation?
+2
2025/03/18
80
المدونة القانونية
1 متاح 1 • عرض الجميعإجراءات التقاضي وتنفيذ الأحكام في دولة الإمارات العربية المتحدة
يلجأ الكثيرون إلى التقاضي دون الاستعانة بشخص متخصص في القانون، ويرجع ذلك أساسًا إلى عدم قدرتهم على تحمل تكاليف ذلك. تقدم هذه المقالة ملخصًا موجزًا لخطوات وإجراءات التقاضي. ونظرًا إلى أن العملية برمتها قد تكون غير واضحة للكثيرين، حتى بعد الحصول على حكم لصالحهم، فإننا نقدم هنا بعض النصائح لمساعدتهم على تنفيذ الأحكام الصادرة عن المحاكم والحصول على حقوقهم إذا لم يمكن التوصُّل إلى حل ودي.
2021/08/05
21083
قوانين وتشريعات
4 متاح 4 • عرض الجميعFederal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
1992/02/24
75411
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
2021/09/20
27144
Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
1980/04/20
103790
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
2015/09/27
12470
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعI have a labor absconding case from my company. How can I cancel my visa from India?
Assalamualaikum,
I have an absconding case in labor from my company.
How can I cancel my visa? I am in India now.
2025/05/08
16
Can I go on vacation after resigning if my visa is not yet canceled?
Hello,
Can I go on vacation even though I have already resigned from my employer and my visa is not yet canceled?
2025/05/09
16
Is it illegal to refuse to share my new job and visa details with my previous employer?
Hi sirs,
I recently changed my job and work visa.
My previous employer is asking for my new company's visa and status change, but I don't want to share my personal information.
Is it illegal here?
2025/05/08
20
Can I be convicted of driving under the influence even if the alcohol test came back negative?
Hello,
I was driving my car when the police stopped me at one point on the road and told me that I was driving under the influence of alcohol.
I tried hard to deny that because I had not actually consumed any alcoholic beverages that day or in the previous three days.
However, a report was filed and a case was opened, but the alcohol test report came back negative. Will I be convicted despite that?
Please answer me. It is urgent.
2025/05/07
25
Can we legally claim unpaid dues for food supplies based on emails and invoices?
Hello,
We have an agreement with a company to supply food for their buffet on a daily basis, with invoices to be issued monthly and payment to be made every three months.
The relationship actually lasted for nine months, and payment was made for two periods. In the third period, due to disagreements between our company and the company to which the supply was made, they refused to pay, noting that the outstanding amount so far is fifty-four thousand dirhams.
Can we claim the amount, noting that the agreement is not written, but there are emails exchanged between us and invoices?
2025/05/07
22
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan I go on vacation after resigning if my visa is not yet canceled?
Hello,
Can I go on vacation even though I have already resigned from my employer and my visa is not yet canceled?
2025/05/09
16
Can a company terminate an employee for refusing to do work not in the contract?
Hello,
Is it allowed for a company to terminate an employee because the employee refused to do work not stated in the contract?
2025/05/07
24
Can I be convicted of driving under the influence even if the alcohol test came back negative?
Hello,
I was driving my car when the police stopped me at one point on the road and told me that I was driving under the influence of alcohol.
I tried hard to deny that because I had not actually consumed any alcoholic beverages that day or in the previous three days.
However, a report was filed and a case was opened, but the alcohol test report came back negative. Will I be convicted despite that?
Please answer me. It is urgent.
2025/05/07
25
Can we legally claim unpaid dues for food supplies based on emails and invoices?
Hello,
We have an agreement with a company to supply food for their buffet on a daily basis, with invoices to be issued monthly and payment to be made every three months.
The relationship actually lasted for nine months, and payment was made for two periods. In the third period, due to disagreements between our company and the company to which the supply was made, they refused to pay, noting that the outstanding amount so far is fifty-four thousand dirhams.
Can we claim the amount, noting that the agreement is not written, but there are emails exchanged between us and invoices?
2025/05/07
22
Can the authorities allow me to leave the UAE on my own after completing my imprisonment?
Hello,
Is there a way out or a possibility that the authorities don't deport me and instead give me a time period to leave the UAE on my own after I have completed my imprisonment and paid the fine?
2025/05/07
28
إجابة أخرى من
لا توجد إجابات
عرض الجميعDo I have to pay the value of training to the company in case of terminating the contract?
Salam,
My company has filed a complaint against me in MOHRE related to training fees.
This is the clause mentioned in my contract:
"The Second Party shall be obliged to pay back the value of the training (which is estimated at an amount of 10000 AED) when they terminate the employment contract based on their own free will (within One Year) from the date of commencement of their contract, without prejudice to the First Party's legal or contractual obligations. (the amount agreed on for the value of the training period must be commensurate with the employment period of the employee)"
My question is:
1. I served 11 months in the company. Can they demand the full 10,000 or it should be less due to 11 months (as per the last line of the clause)?
2. I didn't even get training from the company. I learned normally by working on projects with seniors. No training session was conducted for me. Should I still have to pay?
My case is in MOHRE.
Thanks
2024/11/13
322
Can I apply for Amnesty 2024 with a bounced cheque and credit card debt?
Hi,
Amnesty 2024 has just started, and I really want to apply for it, but I have a company bounced cheque and personal credit card debt.
Is there any solution to avail of the amnesty and legalize my status? If yes, what is the step-by-step procedure?
Thank you to those who can enlighten me on this question, and God bless us all!
2024/09/02
1006
How can I resolve a travel ban with an expired passport and a bounced check case?
Hello,
I have a civil case for a bounced check and a travel ban. My passport has expired and can only be renewed in my home country.
Due to the travel ban, it is not possible to exit and renew the passport. With an expired passport, I can't work.
What are the options in this situation? Can my wife take this case and start paying in installments so that I can go to renew his passport and come back?
Thank you!
2024/06/28
188
I have an unpaid credit card in the UAE and I will be traveling to Qatar. Will I be arrested?
I have an unpaid credit card of approximately AED 45000 in the UAE.
I will be traveling to Qatar due to work.
Will I be arrested in Qatar?
2024/06/21
167
I had a drug case against me and it has been closed. Can I get a new employment visa?
I have had a drug case against me recently and it has been closed. I have paid my fine and I am cleared from the travel ban.
I am still working with the same employer but I am thinking about changing jobs.
Will I be able to get a new employment visa and be hired in a new firm despite the record?
2024/03/28
568
متميز
إجابة أخرى من
لا توجد إجابات
عرض الجميعCan I renew my trade license and visa if I have multiple cheque execution cases filed against me?
Hello,
I have multiple cheque execution cases filed against me due to financial strains last year.
My trade license and visa will expire next month, along with my Emirates ID.
Is it possible for me to renew my license and visa along with EID prior to settling the execution cases?
The trade license and visa were issued by the free zone authority.
I look forward to your response.
Thanks.
2025/05/01
57
Can I be convicted of driving under the influence even if the alcohol test came back negative?
Hello,
I was driving my car when the police stopped me at one point on the road and told me that I was driving under the influence of alcohol.
I tried hard to deny that because I had not actually consumed any alcoholic beverages that day or in the previous three days.
However, a report was filed and a case was opened, but the alcohol test report came back negative. Will I be convicted despite that?
Please answer me. It is urgent.
2025/05/07
25
Employer agreed to settle before MOHRE. What if they don’t pay the promised amount?
Hello,
I already have a dispute order with MOHRE. Then my employer became willing to settle the case.
What should I do in case they do not follow through with the promised amount to pay?
2025/04/29
51
Can the authorities allow me to leave the UAE on my own after completing my imprisonment?
Hello,
Is there a way out or a possibility that the authorities don't deport me and instead give me a time period to leave the UAE on my own after I have completed my imprisonment and paid the fine?
2025/05/07
28
Do I need to inform my current employer 2 months in advance if I plan to leave?
Hello,
I am planning to change to another company and I am waiting for the offer. The visa from the current company is going to end in 2 months.
Should I inform them about my leaving? I haven’t received any offer yet, so I didn’t inform them, and they’re asking about the renewal every day.
Is it mandatory to inform them 2 months in advance?
2025/04/24
44
احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ