أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعCan we take legal action against a former employee directing clients to other companies?
Q: Dear Sir/Madam,
Can we take any action against a former employee who is directing clients to other companies in the UAE?
+2
2024/06/24
540
رفع قضية من صاحب شركة ضد موظف يسرق العملاء والمشاريع
س: لديّ شركة تقنية ذات مسؤولية محدودة تم إنشاؤها في شهر نوفمبر 2017 وقمت ببيع 50٪ من الأسهم لأحد الموظفين في عام 2019. أعطيته كل صلاحيات التوقيع للتعامل مع شركتنا وكنت أدفع له راتبه كموظف.
في وقتٍ لاحق، في شهر سبتمبر 2020، استخرج ترخيص تقني لشركة ذات مسؤولية محدودة دون إخباري، باسم ومجال مشابه لشركتي واستخدم جميع أصول الموارد الخاصة بشركتنا المشتركة دون علمي أو أذن مني لصالح شركته ومنفعته الشخصية.
إنه لا يزال موظفًا لديّ ويتقاضى راتبه بالإضافة إلى أنه شريك أيضًا، وهو يقوم بجميع الأعمال باستخدام مواردنا المشتركة لصالح شركته ويستولي على عملائنا بسبب الاسم المشابه لشركته الخاصة.
أريد أن أعرف ما إذا كان هناك أي إجراء قانوني يمكن اتخاذه بسبب إساءة استخدامه للموارد المشتركة واستخراج ترخيص دون الحصول على شهادة عدم ممانعة.
يرجى تقديم المشورة. ستكون إجابتك السريعة محل تقدير كبير.
2021/02/13
2084
I resigned and joined another company and facing a case based on the non-compete agreement. What to do? 
Q: Hi.
I have resigned from a company to move out of the country. Later I decided to come back and I asked them if they could take me back.
They declined and I have a message stating that I'm free to join anywhere. I joined a new organization and they are filing a labor case for a non-compete clause and not clearing my FnF.
2024/12/09
64
المدونة القانونية
1 متاح 1 • عرض الجميعنظرة عامة على قانون العمل الجديد في الإمارات وآخر التعديلات لعام 2024
أقرت دولة الإمارات إصلاحات تشريعية كبيرة أسفرت عن إدخال 40 قانونًا وتعديلًا جديدًا على قانون الشركات والقانون الجنائي وقانون الأحوال الشخصية وغيرها. تهدف هذه التعديلات إلى تطوير الهيكل التشريعي في مختلف القطاعات، وكان أحدثها قانون العمل. نحاول في هذا المقال إلقاء الضوء على التعديلات التي أُدخلت على قانون العمل الجديد وتأثيرها على كلٍ من صاحب العمل والعامل.
2024/09/10
90791
قوانين وتشريعات
4 متاح 4 • عرض الجميعFederal 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
26516
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
103643
Federal Law No. (10) of 1992 On Evidence in Civil and Commercial Transactions
The provisions of this law On Evidence in Civil and Commercial Transactions (Law of Evidence) govern evidence in civil and commercial disputes in the UAE.
1992/01/15
19099
Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law
The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).
2021/09/20
481
متميز
إجابة أخرى من
671 671 إجابات •
عرض الجميعTerminated for performance issues without prior warning while on vacation. What should I do?
Hello Sir,
I am facing an issue with my employer. I work in the private sector in the UAE, and my employment visa expires in June 2025.
After two years, I traveled to my home country for vacation, and one week after my arrival, the company sent me an email terminating my employment due to performance issues.
However, I was never given any prior warning or written notice. The termination email also did not mention any notice period or other details.
I would like to know my rights and what I should do in this situation.
2025/03/25
68
My tenant was supposed to vacate as per the contract. Can I rent the property to another tenant?
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
16
If an employee is terminated due to poor performance, is he eligible for compensation?
Hi,
For the private sector, if an employee got terminated due to warning letters for poor performance issued to him, is he eligible for a 1-month compensation salary?
2025/04/15
35
How can I cancel my current visa immediately without serving notice?
Hello,
I got an offer letter from another company. I want the immediate cancellation paper before 20th April.
I don't have time to submit my notice period registration. What should I do?
Please give me the best advice!
2025/04/04
89
During the notice period, is an employee allowed to take sick leave?
Hello,
During the notice period, is an employee allowed to take sick leave? If not, can the employer deduct the sick leave from the employee’s end-of-service benefits?
Additionally, what is the legal basis for this? Specifically, which law or ministerial decision governs this matter?
2025/04/04
144
متميز
إجابة أخرى من
3196 3196 إجابات •
عرض الجميعCan a registered company work with a freelancer who does not have a freelancer permit?
Hello,
Can a registered company work with a freelancer who does not have a freelancer permit?
At the same time, they are employed by another company.
2025/03/21
59
Does unpaid leave include weekends if they fall within the leave period?
Hello,
If I take unpaid leave and a weekend falls in between, will the weekend also be counted as unpaid leave, meaning I will not receive a salary for those weekend days?
Thank you!
2025/03/23
84
Can I hold the delivery of goods to a buyer outside the UAE if he defaulted on payment?
I, as a UAE-based Seller, entered a sales agreement with a KSA-based Buyer. The Buyer defaulted on the LC payment, breaching the contract.
The goods are stuck at the port as they need original documents, which I am holding to recover the outstanding balance.
They later made a partial payment but now threaten to cash the PBG (UAE bank) I provided if don't release the document.
The contract mandates DIAC arbitration but lacks a governing law clause. I need advice on:
1. Which law applies to this dispute?
2. Where can I seek an injunction to prevent PBG encashment, given the Buyer’s bad faith and breach? Or should I send a letter to their bank with the brief above?
Kindly advise.
2025/03/21
49
I purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact?
I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered.
Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in.
However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract.
What are my risks, especially if the tenant refuses to move out?
What legal actions, if any, can the tenant take in this situation?
2025/03/25
68
Changed my mind before signing the lease agreement. Are my post-dated rent checks at risk?
Hello,
I recently found an apartment for rent and agreed with the agent to make payments in three installments.
I provided the agent with post-dated checks for the second and third payments and planned to transfer the first payment, deposit, and agency fee to the agent’s account once the lease agreement was finalized.
However, the lease agreement has not been finalized yet, and I have since found a better place. Since I have not signed any lease agreement, should I be concerned about the landlord cashing the checks for the second and third payments? Is it legal?
Additionally, the agent requested an extra 2,000 dirhams beyond the amount he intended to include in the lease agreement.
2025/03/25
50
متميز
إجابة أخرى من
557 557 إجابات •
عرض الجميعCan a registered company work with a freelancer who does not have a freelancer permit?
Hello,
Can a registered company work with a freelancer who does not have a freelancer permit?
At the same time, they are employed by another company.
2025/03/21
59
Does unpaid leave include weekends if they fall within the leave period?
Hello,
If I take unpaid leave and a weekend falls in between, will the weekend also be counted as unpaid leave, meaning I will not receive a salary for those weekend days?
Thank you!
2025/03/23
84
Can I hold the delivery of goods to a buyer outside the UAE if he defaulted on payment?
I, as a UAE-based Seller, entered a sales agreement with a KSA-based Buyer. The Buyer defaulted on the LC payment, breaching the contract.
The goods are stuck at the port as they need original documents, which I am holding to recover the outstanding balance.
They later made a partial payment but now threaten to cash the PBG (UAE bank) I provided if don't release the document.
The contract mandates DIAC arbitration but lacks a governing law clause. I need advice on:
1. Which law applies to this dispute?
2. Where can I seek an injunction to prevent PBG encashment, given the Buyer’s bad faith and breach? Or should I send a letter to their bank with the brief above?
Kindly advise.
2025/03/21
49
I purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact?
I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered.
Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in.
However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract.
What are my risks, especially if the tenant refuses to move out?
What legal actions, if any, can the tenant take in this situation?
2025/03/25
68
Terminated for performance issues without prior warning while on vacation. What should I do?
Hello Sir,
I am facing an issue with my employer. I work in the private sector in the UAE, and my employment visa expires in June 2025.
After two years, I traveled to my home country for vacation, and one week after my arrival, the company sent me an email terminating my employment due to performance issues.
However, I was never given any prior warning or written notice. The termination email also did not mention any notice period or other details.
I would like to know my rights and what I should do in this situation.
2025/03/25
68
متميز
إجابة أخرى من
933 933 إجابات •
عرض الجميعWhat documents are required to acquire a local LLC?
Hello,
I am planning to acquire a local LLC.
What are the required documents and the process to complete the formalities?
2025/04/17
12
Charged in a fight case marked as a "temporary matter." What does it mean?
Hello,
I have a criminal case for fighting, and it is now in prosecution. The decision shows “a temporary matter” as both parties are accused. What does it mean?
I have not received a call from the prosecution yet.
2025/04/17
18
What can I do about constant noise from my upstairs neighbors?
Hello,
My neighbors on the upper floor are causing noise throughout the day, almost 24/7. They keep dragging furniture, dropping heavy objects, and slamming doors.
The property manager was not very helpful, and I cannot sleep or take power naps. I sleep when they do and wake up when they wake up.
Also, there are 6 family members in a one-bedroom apartment in Dubai.
2025/04/16
36
My tenant was supposed to vacate as per the contract. Can I rent the property to another tenant?
Good morning.
My tenant was supposed to vacate the property on 15th April 2025 as per the contract.
Now he is not answering the phone, and the property is still in use.
Please guide the way forward. I have already rented the property to a new tenant.
2025/04/16
16
Do smart police stations in Dubai override official filing hours for legal deadlines?
Dear Lawyers,
The case needs to be filed during official working hours, on a subsequent working day (if the last day falls on an official holiday), in Dubai.
With Smart Police Stations operating 24/7, how are these situations considered?
Should the case be filed during working hours, say before 3 PM, etc.?
2025/04/16
18
متميز
إجابة أخرى من
1591 1591 إجابات •
عرض الجميعDoes unpaid leave include weekends if they fall within the leave period?
Hello,
If I take unpaid leave and a weekend falls in between, will the weekend also be counted as unpaid leave, meaning I will not receive a salary for those weekend days?
Thank you!
2025/03/23
84
Terminated for performance issues without prior warning while on vacation. What should I do?
Hello Sir,
I am facing an issue with my employer. I work in the private sector in the UAE, and my employment visa expires in June 2025.
After two years, I traveled to my home country for vacation, and one week after my arrival, the company sent me an email terminating my employment due to performance issues.
However, I was never given any prior warning or written notice. The termination email also did not mention any notice period or other details.
I would like to know my rights and what I should do in this situation.
2025/03/25
68
Changed my mind before signing the lease agreement. Are my post-dated rent checks at risk?
Hello,
I recently found an apartment for rent and agreed with the agent to make payments in three installments.
I provided the agent with post-dated checks for the second and third payments and planned to transfer the first payment, deposit, and agency fee to the agent’s account once the lease agreement was finalized.
However, the lease agreement has not been finalized yet, and I have since found a better place. Since I have not signed any lease agreement, should I be concerned about the landlord cashing the checks for the second and third payments? Is it legal?
Additionally, the agent requested an extra 2,000 dirhams beyond the amount he intended to include in the lease agreement.
2025/03/25
50
Can the new owner use the old eviction notice to re-rent at a higher rate?
Hello,
My landlord issued an eviction notice stating an intention to sell.
He has since sold the property before the eviction date, and now the new owner intends to use the old notice to evict me and re-rent the apartment at a higher rate.
Is this allowed?
2025/03/24
115
I hired an agency to close my free zone company but failed to do so. What can I do?
I hired an agency to close my free zone company in October last year and paid them already.
However, I have now been informed by the FDA that the company has not been closed, and I am required to upload a renewed license (which I do not have), otherwise, I will face a penalty.
The agency I hired is not responding to my messages.
What can I do?
2025/03/24
69
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