لدينا قضية مدنية مرفوعة ضد الشركة؛ وهي عبارة عن خلاف في حساب الكميات وجودتها داخل شركة مقاولات حيث فرضوا غرامات علينا لأعمال لم تكن في نطاق عملنا. السؤال: في حال استدعت المحكمة خبيرًا فنيًا للحكم بيننا، مَن يدفع راتب الخبير؟ ومَن يُعينه؟ ومن أي جانب يأتي لضمان الحيادية؟

Dear Legal Advice ME I own a company in DIFC which is struggling due to the current crisis and employees were given three months notice because the company will probably be forced to close. One employee is asking if he can take his gratuity early as his wife has lost her job due to COVID-19. Can I legally give him a loan against a percentage of his gratuity? He has worked for me for 16 years.

I want to early terminate my tenancy contract of one of my nurseries in JLT (retail unit) as the business is completely shut since March. I am unable to contact my landlord who is a Chinese national; he does not reply to email or call and may not be in Dubai. The final cheque is due 01 May 2020, what should I do?

دفعت مبلغ حجز لمطوِّر قبل توقيع أي عقود رسمية لشقة، عند معاينة شقة العرض للمشروع قام البائع بإبلاغنا بأن رسوم الخدمات ١٤ درهم وبأن الشقة سيتم تسليمها بنفس تفاصيل تشطيبات شقة العرض وأن العقد غير جاهز حاليًا وسيتم تجهيزه بعد يومين. تم هذا كله أمام أحد الوسطاء العقاريين الرسميين، وعند طباعة العقود تبين أن رسوم الخدمات ١٧.٥ إلى ١٨ درهم والتفاصيل التي ذكرها البائع بشأن بعض التشطيبات كما بشقة العرض غير مذكورة بالعقد، وعند العودة الى البائع تردد وأنكر وبعد مخاطبة شركته، لم يتعاونوا معي أبدًا ولم يُعيدوا مبلغ الحجز. كيف يمكنني استرجاع المبلغ علمًا بأنه يوجد لدي فقط وصل مختوم بالمبلغ المدفوع وشهادة شركة الوساطة العقارية؟

I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA. According to SPA: "Without prejudice to the Seller's rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months." No written notice was received, despite requesting it on 21/09/2018 by email (no reply). After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate. I didn't send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020). Is this a good cause for termination?

My company terminated my services without any reason except for what they told me that they are cost-cutting. What are the complete benefits that they have to pay to me beside the gratuity? I worked there for 3 years.

What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?

Is it possible to request a mutual termination of the contract from the employer? My employer recently asked me to submit a resignation. Since it's not legal for him to do this and since I don't mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter? What are the important things that should be stated in the letter?

Hi, I am the GM of a company in the Internet City and the VP Sales MEAA. My contract has been terminated after 13 years due to some results that did not meet the company expectations. No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal. Regards A. D.

I’ve given a loan to my employer due to bad cash flow position of the company to support the company without a written agreement. Due to the bad position of the company, the company had fired more than 80% manpower including myself. I have a few salaries also pending and until last month, the company was paying me only the EMI of the said loan. Kindly advise me how to recover the dues including loan + FFS.

I am in my grace period after my residence visa cancellation. Is overstaying after the grace period illegal? If I stay paying fine till my new visa gets finalized, how will it affect me? Will I face any ban? Please advise! Thanks!

We have an existing tenancy contract in Sharjah, but due to unfortunate circumstances of this pandemic, my wife and I lost our jobs. We already paid until December. Is there a current law where we can avoid paying the penalty of 2 months if we will end the contract earlier?

Hello Can I have your Whatsapp number? I have an urgent question, please.

Hi All, I have an existing criminal "cheque bounce" case under my name for dishonoring loan payments. I'm also a victim of unpaid salaries and gratuity from the previous employer. However, I have reached a stalemate in negotiating with the bank as they are not interested in accepting the money I could offer in the interim despite having a clear understanding of my predicament. Finally, I have an offer from a company after all these months and I'm anticipating to accept this offer but I'm yet to resolve the criminal case! Since the bank is not willing to negotiate, I've planned to pay the criminal case removal fee or fine to the Dubai Police. I know that the bank would immediately proceed with a civil case should that happen. My question is how long does it take to file a civil case? And can they initiate a travel ban without appeal while filing the civil case in court? Will it affect my capacity to get a new employment visa stamped and work in the UAE while the civil case is active?

I currently work in Dubai but I need an extra income from a part-time job. Can I obtain the part-time job and still do my current job properly? Is there an approval I need to get?

Hello, Is there any restriction on a diplomat buying property in the UAE, where he works as a diplomat at his country's consulate?

Hi. One of my friends joined a Telegram group. They said, "We will transfer some amount to your account, and your task is to transfer this amount to another account. Once the task is completed, you will get 30 or 50 AED per task." He completed 3 to 4 tasks, but he realized it was not good, so he stopped. After one week, when he opened his account, it was blocked, and the bank said, "We are conducting an investigation; after this, we will let you know." After some days, he had an accident and went to his home country. He then received a call from a landline number, which was from the Abu Dhabi police station. They said, "We have received a complaint against you; come to our investigation department." However, due to his surgery and treatment, he could not go. After some time, his bank account was reopened, and he did not receive any further calls. I want to know, if he comes back to the UAE or goes to any other GCC country, will he face any problems? If someone has a case in the UAE, can they travel to another GCC country? Please advise!

Hello, What legal action can I take in case the employer refuses to pay my salary and I don't have a contract with them?

I currently live in Sharjah and have a UAE residence visa but I am not a UAE or GCC national. I want to open an online shop (Etsy or Shopify) to sell handmade items, such as crocheted goods, bookmarks, greeting cards, etc. Do I need a license to open an Etsy shop? If so, which license do I need to sell my products online, including UAE and worldwide? How much would it cost me? Can I keep my residence visa (sponsored by my father) and not change it?

Hello, I am seeking your legal advice regarding a friend who was previously imprisoned in Abu Dhabi. His case there is now closed, but he has another ongoing case in Dubai. Currently, we have lost contact with him and are unsure of his whereabouts. How can we check where he is or access any other legal facility? Are there legal procedures to locate a person with an ongoing case? What steps should we take to get more information about his status and legal position?