Questions & Answers
Questions & Answers
7 available 7 • View allFiling a civil case to claim money invested with a restaurant owner
0
Q: We (12 persons) have invested in a Japanese restaurant (AED 100,000), each with 3 years contract.
After 2 years, the owner failed to pay the shop rent for the past 6 months and the landlord had closed the shop.
The owner signed a waiver to the landlord that he no longer has a claim on that shop, meaning to say, he already hands over the full restaurant to the landlord.
The landlord already sold the shop to another person. 3 of the investors already have bounced cheques while mine will expire in Oct 2018, and others as well.
Question 1.
What is the procedure for filing a case against the previous owner since he breached our contracts?
Question 2.
My cheque is still not due, can I file a case against him?
Question 3,
Do we need to get a lawyer with regards to our case?
Best regards,
Lea

Apr 10, 2018
764
Refund of money paid for purchasing a beauty salon that never happened
0
Q: Hi,
We are planning to buy a beauty salon and we have given the owner a deposit of AED 20k. After a week he asked for another AED 50k as he has dues that need to be settled with the landlord.
He gave us a cheque for AED 50k which bounced because the account has been closed a long time back as per the bank. It’s been 49 days and the transfer is not done yet. Can we file a civil case and ask for moral damage as we lost a lot of money since the business is not operating yet? Can we still get our AED 70k that we had given to him?

Dec 17, 2017
337
Safeguarding your interests while purchasing an existing business


4
Q: Buying a small business in Abu Dhabi. What are the legal requirements? What are the items on a checklist that one should consider before investing? What are the pitfalls of buying an existing business?



Aug 28, 2018
2215
HR policies with regards to the end of service gratuity
0
Q: Hi,
I need advice on HR related matter:
I joined in Nov 2014. That time the HR manual applicable says that the gratuity is applicable post completion of 1 year of service. Since the same is more beneficial as compared to labour law, the same is applicable.
Now, the company changed the HR manual in January 2018, wherein they mentioned that the gratuity is applicable only for employees completing 5 years. The issue is that they applied the new HR policy retrospectively and not prospectively.
I need advice on whether the HR Policy can be applied retrospectively or not. Is it legally binding?
Can they apply the new policy (with respect to gratuity) on employees who joined when the older HR manual is in force?
Should the older gratuity rule be applicable to all the employees who joined before implementing the new HR Manual?
If you need any additional info, would be happy to share. I would require written advice from your end. Please advise on the charges accordingly.

Mar 19, 2019
786
Retrospective change in the HR policy regarding gratuity
2
Q: Hi,
I need advice on an HR related matter:
1. I joined the company on 19th Nov. 2014. That time, the company’s Internal HR manual says the gratuity is applicable to all employees post completion of 1 year of service.
2. In January 2018, the company changed the HR Manual. The point regarding gratuity has been changed from 1-year applicability to 5 years.
3. The issue is that they applied the new HR policy retrospectively and not prospectively. They are applying the new gratuity provisions on all employees even if they joined before the implementation of the new HR Policy.
4. Query:
a. Strictly on Legal terms, can any change in HR policy be applied retrospectively?
b. Am I right in asking that the benefits to be applied should be based on older HR Policy (which is applicable at the time of my joining i.e., Nov 2014), rather than the New HR Policy which is implemented in Jan 2018?
I would also like to have the written/official response from you on this on letterhead.
Please advise on charges.

Mar 18, 2019
1536
How to protect your rights when you buy a property on mortgage
1
Q: A property seller intends to settle their property mortgage with their bank before selling the property to me.
In other words, the seller said they wanted to go to their bank, wire the outstanding balance to their bank, and wait for the mortgage settlement confirmation letter by the bank.
How long does this process usually take in the UAE? Are there any delays by the banks?

Nov 2, 2021
311
Which contract is valid in UAE? Company letterhead vs. MOHRE letterhead



1
Q: Dear Sir/Madam,
When it comes to legal documents, which of the following is valid?
- A contract signed between an employer and employee on a company letterhead.
- A contract signed between an employer and employee on a government letterhead, which is the UAE Ministry of Human Resources and Emiratization.




Jul 10, 2023
451
Legal blog
1 available 1 • View allMortgage of Movable Assets in the UAE: A Wanted Change 2
The UAE has taken a bold step toward legislating the mortgage of movable assets after it was completely regulated by the Civil Code. The Federal Law No. 20 of 2016 Concerning the Mortgage of Moveable Assets, which came into effect 90 days after it was published in the Official Gazette on December 15, 2016, was a welcomed change by lenders after it gave them the ability to secure their debts with movable assets.
Oct 20, 2018
2038
Laws & Regulations
2 available 2 • View allFederal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33008
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
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.
Feb 24, 1992
75303

Other answers by
77 77 answers •
View allCan the tenant exit the lease contract early after losing access to gas? 0
There was a gas pipe explosion in our building and the whole floor is unhabitable.
So we are located on another floor, gas usage was cut and had to rely on electric plates which takes longer time to cook and there is the fear of fire if left unattended.
Gas will be reinstalled after 3 months and we wish to terminate the contract early because we cannot use the gas which is one of the facilities we agreed for in the contract and we feel unsafe in the building because every now and then the alarm goes on.
They gave us an option to move to their other buildings but will even be farther from work plus the transportation costs will increase.
Do we have to pay penalty charges for a situation that is not our doing? We are already having heart palpitations whenever there’s an alarm?
Oct 24, 2019
414
Is it possible to terminate an employee due to her bad attitude 0
Good morning,
We have given an employee a final warning due to attitude and creating fights with employees.
Last time, she did the same thing after that she left the office early without informing the manager (she informed the owner of the company which is not the direct report) after that she was absent for 2 days without informing the same.
She sent a message to the owner of the company, but the owner did not reply nor approve her reason for being absent.
Is it valid that I serve her termination?
Thank you!
Oct 20, 2019
621
Filing a case for higher maintenance and possibility of travel ban 0
I'm an Australian non-Muslim expat resident for 10 years. My wife is the same, as are our three children, ages 19,16 (girls) and 11 (boy).
I have opened a case for divorce in Australia, and the hearing is in November. My wife wants to take me to court in the UAE regarding child maintenance.
I currently pay 35% of my monthly salary to my wife for child support. She wants more. I am due to leave the country next July permanently.
If she opens a court case, will that stop me from leaving? Has she got a case for more money?
Sep 12, 2019
1841
Removing a travel ban requested by the guardian of a child 0
My question is about my son who has a travel ban for the past four years.
I am a divorced woman and the travel ban is from his father. I want to move back to my home country as I don't have any emotional or physical support here.
My parents are old and would like to move back for good. I have tried discussing this matter with his father but unfortunately, the matter is still unresolved.
I am willing to let go of all financial support in order to go back. Please let me know if this can be resolved in any way.
Jul 30, 2019
5479
The impact of a company shareholder on closure decision by majority 0
Hi,
I am a partner of a Dubai based (mainland) company. Due to the financial restraints, the investor (shareholder) has decided to close the company.
Now, I want to know if they can do this without my consent as the sponsor 51% and partner 26% have decided this. My share is 24%.
Jun 27, 2019
730

Other answers by
453 453 answers •
View allTerminating an employee after sick leave and claiming compensation 0
Hello,
My employer fired me under Article 44 for not showing up for work for 7 days in a row. But that’s not the case at all. I was sick and the management was aware and they let me go.
I went to another country to get treatment because it’s expensive in Dubai. My employer did not pay me my salary for the month I worked and fired me.
I have official sick leave from another country and there is correspondence where my employer sent me to another country for treatment.
The problem is that the employer says that he will take compensation for the training that was specified in the contract, but I did not undergo training at all; I immediately started work from the first day of work and there was no training.
Does my employer have the right to charge me such a fee and not pay my salary?
Feb 29, 2024
456
How to make the seller hand over the tenant's security deposit to the buyer upon completing a sale? 0
Should the seller in Dubai hand over their tenant's security deposit to the buyer upon completing a sale?
Who is responsible for managing this process?
At the time of the exchange, the broker said he would follow up with the seller and collect the deposit.
He hasn’t, and the seller has not handed over the deposit.
Feb 8, 2024
423
How to deal with in-laws provoking and recording reactions? 0
Dear Sir/Madam,
My husband's family constantly provokes me and then records my every exaggerated reaction.
Now I'm worried that they might use those things against me.
Feb 8, 2024
241
How to cancel the MoU to buy an apartment with the broker if the bank did not approve the loan? 0
Hi,
I have a situation where I signed an MoU and gave my security deposit to the seller's agent. However later, the bank valuation of the property is lower than the selling price.
On my MoU, it has a clause that “the buyer has a right to cancel/negotiate if the bank valuation is not the same as MoU.” I tried to negotiate, however, we didn't agree on the price so I asked to cancel.
Now the agent is threatening me that they will not cancel the MoU and that will deposit my cheque. Later I also came to know that the person I am dealing with is not the same person whose name is mentioned as a broker in the MoU.
The agent I am dealing with is constantly messaging me with threats. I decided not to speak to him and instead, I wrote an email to the broker whose name is mentioned on the MoU but received no response.
I am on a very tight timeline as I need to vacate my apartment in 3 weeks, I found another unit but I don't know if I can pursue this while the initial MoU still not canceled.
Please, I need advice.
Feb 8, 2024
618
Employer asking for visa reimbursement after resignation: do I need to pay? 0
Hello Sir/Madam,
I have already finished my first year with my company and resigned.
My employer is asking me to reimburse the cost of my visa because I did not finish my two-year contract.
Do I need to pay? The cost is 7,000 AED.
Oct 20, 2023
811
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