أسئلة وأجوبة
أسئلة وأجوبة
3 متاح 3 • عرض الجميعDebt claim from an absconding employee
Q: Good Afternoon, Sir,
We are a Dubai-based company, and we would like to know what to do regarding our outstanding pending amount with one of our old staff.
We have to get AED 226,600 from him and already filed a bounced cheque case at Dubai Police regarding our sales amount.
We give to him the amount of 226,600 AED as a loan, but he already ran away from this country.
So, how can we get this amount from him?
We are hoping for a proper reply from you.
Thank you.
2017/09/19
941
هل يحق لصاحب العمل خصم فواتير العميل غير المدفوعة من مستحقات نهاية خدمة الموظف؟
س: مرحبًا،
أريد الاستقالة من شركتي الحالية. لكنني أشعر بالقلق بسبب وقوع مشكلة تتعلق بمدفوعات أحد العملاء منذ بضعة أشهر.
الشركة هي شركة تأجير. المشكلة هي أن هناك مستأجر يعمل لدى إحدى الشركات والتي تدفع مقابل سكنه بشرط تقديم جميع المستندات اللازمة لهم.
أحد المستندات المطلوبة هو توثيق عقد الإيجار والذي كان يتضمن بعض الأخطاء أو الاختلافات عن العقد الموثق العام الماضي.
ونتيجة لذلك، ترفض شركة المستأجر دفع الإيجار لشركتنا والذي يبلغ حوالي 35,000 درهم. تلومني الشركة على ذلك وقالوا إنه يجب عليّ دفع ثمن الخسارة.
يدفع المستأجر من جيبه 20,000 درهم. إذًا هناك فرق قدره 15,000 درهم.
هل يحق لهم مطالبتي بدفع هذا المبلغ عند استقالتي؟
هل سأكون مُلزمًا بالدفع حتى يقوموا بإلغاء تأشيرتي؟
أو هل لديهم أي أسباب لتقديم شكوى ضدي؟
ما هي الأسس القانونية لهذا الأمر إن وجدت؟
أنا أعمل بموجب عقد غير محدد المدة بدأ في 10/01/2021. إنه عقدي الأول معهم ولكنها وظيفتي الثانية في دولة الإمارات.
2021/07/06
637
How can I handle bounced cheque liability with my closed LLC company?
Q: Dear Experts,
I had an LLC company in Dubai, and one of my suppliers filed a case against my company due to a bounced cheque. The cheque was signed by the former finance manager (who had POA just to sign the cheques).
Now, this supplier has made the employee a party in the case alongside the company and imposed a travel ban on the signatory (finance manager). My company has been closed for the past year.
I need your expert advice on this matter. First, I want to secure the release of my former employee, and then I need to know how to protect myself from this liability, as the company is closed and I do not have the funds to settle the liability.
Please Advise!
2024/08/13
159
المدونة القانونية
2 متاح 2 • 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
90821
Navigating the UAE Labor Law Updates: What Businesses Need to Know in 2025
Several modifications have been made to the UAE Labor Law 2025 to protect employee rights and guarantee compliance with modern employment practices. In general, understanding UAE labor laws fosters positive employer-employee relations, ensures legal compliance, and helps establish a balanced workplace.
2025/02/18
109
قوانين وتشريعات
3 متاح 3 • عرض الجميعFederal 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
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
2020/09/27
3538
Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code
The provisions of this Federal Decree-Law No. (42) of 2022 Promulgating the Civil Procedures Code, known as the "New Civil Procedures Code", governs civil procedures in the United Arab Emirates. The New Civil Procedures Code repeals the previous UAE Civil Procedures Code (Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code).
2023/01/02
467
متميز
إجابة أخرى من
559 559 إجابات •
عرض الجميعIs the compensation for notice period deducted on the basis of full salary or basic salary?
Hello,
I understand that if anyone wishes to resign without serving their full notice period, they are supposed to compensate the employer for the remaining time that they didn't serve the notice, also known as "notice Compensation".
Is this notice compensation deducted based on the full salary or on the basic salary?
2025/03/21
72
Can 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
متميز
إجابة أخرى من
317 317 إجابات •
عرض الجميعWhat can I do in case of odometer tampering, false ownership information, and a flood-damaged vehicle?
What can I do in case of odometer tampering, false ownership information, and a flood-damaged vehicle?
What is the procedure for filing a fraud complaint about these issues?
2025/03/21
68
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
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
51
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
51
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
116
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
متميز
إجابة أخرى من
1295 1295 إجابات •
عرض الجميعIs the compensation for notice period deducted on the basis of full salary or basic salary?
Hello,
I understand that if anyone wishes to resign without serving their full notice period, they are supposed to compensate the employer for the remaining time that they didn't serve the notice, also known as "notice Compensation".
Is this notice compensation deducted based on the full salary or on the basic salary?
2025/03/21
72
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
51
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
116
متميز
إجابة أخرى من
672 672 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
A firm took payment but didn’t ship cargo or refund. Can we file a case?
Hello,
The matter is whether we can file a case against an Ajman-based firm for non-shipment of cargo against the payment made to them.
They haven’t delivered the cargo nor returned the amount.
2025/04/17
15
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
19
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
36
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
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