Questions & Answers - Legal Advice Middle East

How can the employee remove absconding from Immigration if the employer refuses?

Q: An employee resigned from the company after completing the notice period. The employer refused to the employee to leave the company & filed an absconding case against the employee while the employee was continuously sending emails to the employer for the visa cancellation. Then, the employee directly canceled the visa & absconding case from MOHRE. Now the absconding case is still there in Immigration. So how can that be removed? Are there any charges for that?

إمكانية دمج حكمين وتنفيذ العقوبة الأكبر فقط

س: مرحبًا، أخي وزوجي اتهما بالاستيلاء عبر تقنية المعلومات والابتزاز. في محكمة الدرجة الأولى، أدينا بالاستيلاء وحُكم عليهما بالسجن لمدة ستة أشهر وعقوبة الإبعاد وبُرِّئا من الابتزاز. استأنفنا الحكم لأن أخي وزوجي ليس لهما ذنب في الموضوع؛ فهناك شخص ورطهما فيه. كما استأنفت النيابة حكم البراءة من الابتزاز. في الاستئناف، رُفض استئناف أخي وزوجي، وقُبل استئناف النيابة، وأدانوهم بالابتزاز وحكموا عليهم بسنة. كنا نعتقد أن حكم السجن أصبح كاملاً سنة واحدة، ولكن عرفنا أنه سنة ونصف: سنة للابتزاز وستة أشهر للاستيلاء. سؤالي: هل هناك شيء اسمه دمج الحكم أو أخذ الحكم الأكبر فقط؟ قالوا لنا إن هناك إجراءات يجب أن نقوم بها لهذا الأمر حتى يصبح حكمهما سنة فقط. حاليًا، قضيتهم تابعة لنيابة دبا الحصن، وهم في السجن المركزي بالشارقة. هل يوجد في الشارقة شيء اسمه دمج الحكم، لأنه موجود في أبوظبي؟ أرجوكم، نريد أن نعرف إذا وكلنا محاميًا في الشارقة، فهل سيدمج الحكم؟

Do weekends count in the annual leave calculation?

Q: Hi, We have 30 days of annual leave. For example, if someone takes leave from November 13, 2023, to November 17, 2023, will November 18 and 19 be included as part of the annual leave?

Having an employment contract and receiving a salary while being a partner

Q: Hello, My husband and I registered a company in a Free Zone in the UAE. In the company, there are only two shareholders, him and me. I am a resident on a partner visa, and he is not. So, I would like to ask if it is possible to have an employment contract and receive a salary, as I perform multiple roles in the company. Thank you in advance!

I have a travel ban issued from the UAE due to an unpaid credit card. Can I travel to KSA?

Q: I have a travel ban (blacklisted) issued from the UAE due to an unpaid credit card outstanding (approx AED 20k). Can I enter Saudi Arabia on a visit visa (French citizen) and how long will the travel ban last?

Can an outpass affect my Dubai police clearance for a UK visa application?

Q: Good evening, everyone! I left Dubai in January 2023, and I am currently in the process of applying for a UK visa. I was asked to provide a Dubai police clearance certificate, which I did. However, I recently found out that the Dubai police clearance certificate I provided has been canceled. I have no prior cases against me in Dubai, so I`m wondering if the cancellation is related to the outpass I obtained to leave the country. Can an outpass prevent me from obtaining a Dubai police clearance certificate? I only have a few days left to respond to UKvi.

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Can I take annual leave if I was put on garden leave for investigation by my company?

Q: I was put on garden leave pending investigation from tomorrow, however, I have planned and approved annual leave starting Saturday. Is it legal to go ahead?

Can my daughter open a bank account for me in the UAE if I am not residence?

Q: Can my daughter who has power of attorney open a bank account for me in the UAE even if I don’t reside in the UAE?

Is the tenant responsible to pay DEWA chiller fees accumulated for three years without knowing?

Q: I have been living in this apartment for 3 years. When I rented it, the agent told me it has a chiller with DEWA. Now the agent told me I need to pay chiller fees for the past 3 years. The chiller charges are part of the service charge billed to the landlord & they are fixed for every quarter. The chiller fee is very expensive & approx AED 5600 yearly which is much higher than what I used to pay elsewhere. My tenancy contract has a standard RERA template which states the tenant should pay all electricity, gas, cooling charges, etc. However, I have never paid any chiller fees for the last 3 years nor has the agent/landlord mentioned anything. I checked the contract & my previous conversation with the agent - it was not mentioned anywhere that the apartment chiller is with DEWA. Because of that, the agent is insisting that I have to pay. Is it legal for them to suddenly force me to pay this amount? Some said that I am not liable to pay any bills not issued in my name, and some suggested that the bill is too old.

I overstayed in the UAE for more than three months and got a lifetime ban. Can I lift the ban?

Q: I overstayed in the UAE for more than three months and took an outpass to exit the UAE without paying fines. The airport authorities said I would be having a lifetime ban. Can I lift this ban and come back to the UAE?

Can the brokerage company of the property buyer withhold the commission of the seller's company?

Q: I am writing to seek your legal expertise and advice on a pressing issue concerning a property sale transaction that my brokerage company has facilitated. Here are the details: Our brokerage company represented the seller in a property sale where the property was sold with an existing rental agreement in place. As per the terms of the agreement, the rental balance was supposed to be given to the buyer, who is now the new owner of the property. In this transaction, our company is entitled to a 40% commission, and the buyer`s brokerage company is entitled to 60%. However, the buyer`s brokerage company, which has complete control over the buyer`s funds, has transferred the entire 100% commission to their own account. They are currently withholding this commission, stating that they will release it once the rental balance is paid to the buyer. Unfortunately, we have lost contact with the buyer, as he has blocked the seller`s agent, making it impossible for us to fulfill this condition.

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Can the landlord send us a one-month eviction notice because we have a pet?

Q: After the expiry of the contract, the landlord sent us a notarized notice asking us to evacuate the apartment within one month from date of receiving the notice stating because we have a pet in the apartment as we are breaching our tenancy agreement. It is pertinent to note that our pet has been a part of our household for over 2 years, and the landlord staff are aware of this fact. It is further worth noting that the presence of pets in the building has been a prevailing and recognized circumstance since 2018. The building`s has CCTV to confirm the long-standing presence of pets in the building since 2018. Additionally, I recall that notices were posted in the past near the elevator, explicitly instructing pet owners to use the stairs rather than the elevator, which demonstrates the building management`s acknowledgment and accommodation of pets. They have also renewed leases for three other pet owners, reinforcing the building`s established acceptance of pets. Please advise.

Do you need to start a company and pay VAT to promote products for a foreign company?

Q: I am a Golden Visa holder (Indian citizen) and looking to work as a contractor for an EU-based manufacturer to promote their products in the Middle East. They do not have an office in the region. If they were to pay me for the above services, is VAT applicable? And do I need to start an entity in the free zone?

My job contract is epxiring. Do I need to inform my employer of my wish not to continue?

Q: My job contract is ending on November 20. 1) How many days prior should I inform the company not to renew my visa? 2) Should I stay for the notice period after November 20 or I can leave the company on November 20? 3) The visa is till December 20. Does it expire automatically or the company should cancel it?

What to do if a judgment has been passed of an arrest warrant against me for rental cases?

Q: I have three rental cases registered against me, the cases are rental disputes. Now I have to renew my work visa and a judgment has been passed as an arrest warrant. It all happened during Covid 19. I am getting stable now and I am doing a full-time job but it would take some time to pay off. What could be the best solution that allows me to stay at work and earn money to pay back? Looking forward to your best advice, thanks indeed.

How can I hire people for my startup against equity shares instead of salary?

Q: I have a startup in Dubai. I have people interested in working on my project but at the moment I don`t have enough activity or the capability to pay full-time salaries. They are willing to work and get compensated via equity share options calculated based on the hours they worked. They can be in Dubai or working remotely in other countries. Some could dedicate 20 hours/week regularly, others do one-off or occasional contributions. What would be the best approach to be legally covered?