Questions & Answers - Legal Advice Middle East

How will the gratuity be calculated if the company changed my contract and salary?

Q: Dear Sir, I started to work in a company on 28-Feb-2012. In 2014, due to a change in the name of the company/license, they canceled the visa and gave me a new visa to continue. While they changed my visa, they gave me 2 years of gratuity/EOSB. After that, in June 2020, my package was changed due to a specific contract & accordingly, the MOL contract document was changed for visa processing. The changed package is more than previous. Now I have resigned, Please advise; 1. What will be the timeframe to calculate the EOSB (from 2012 or 2014)? 2. Would I receive a gratuity based on my current basic income for the whole year of service (2012/2014 to 2023 Sep.) or my previous pay scale (up to year 2020) & 2020 to now with my current pay scale?

What are the charges against a friend caught in a drug case?

Q: Hello Sir/Madam, It has been more than two weeks since my friend was caught in a drug case. I haven`t heard any news about him yet. What are the charges against him? How long does it usually take to deport someone in this type of case?

شريك في شركة ذات مسؤولية محدودة، ماذا يفعل للتخارج؟

س: السلام عليكم، أنا شريك ومدير في شركة ذات مسؤولية محدودة وأريد التخارج من الشركة وبيع حصتي فيها أو التنازل عنها. قدمت إخطارًا للشريك أنني أريد الخروج من الشركة بناءً على المادة رقم 80 من القانون الاتحادي رقم 2 بشأن الشركات التجارية والذي ينص على أنه: "إذا أراد الشريك الخروج بالبيع أو بالتنازل، يجب عليه إخطار الشريك عن طريق المدير، وإذا لم يطلب حقة بالاسترداد خلال مدة 30 يومًا، يكون الشريك حرًا بالتصرف". قدمت الإخطار ومضى عليه أكثر من 4 أشهر. السؤال: ما الخطوة القادمة لكي أستطيع إتمام عملية البيع؟ أين يمكنني الذهاب لإتمام البيع أو التنازل؟ وما الإجراءات التي يمكنني اتخاذها؟ أريد نصيحة منكم.

What are the chances of getting bail in a civil case?

Q: Dear Sir/Madam, I have applied for bail for my husband on the Public Prosecution website. He was sentenced to 6 months in prison for a criminal case, fined, and deported. He has now served 7 months in prison. He has a pending civil case, and a lawyer advised me that I can apply for bail, so I did. The application states that a decision will be made within 5 days. Does this mean I will receive a decision on the 5th day, or any day within 5 days? What are the chances of him being granted bail? Thank you!

Can the landlord evict me from apartment for personal use if he lives in his own property?

Q: The owner sent me a notice by email saying that he doesn`t want to renew the contract for the purpose of personal use. He didn`t mention what this personal use means. He already has multiple houses for rent and he has his own which he is living in currently. Is it legal to evict me? Thanks

Getting a refund for a flight ticket that was not available from a travel agency

Q: Dear Sir/Madam, I booked a flight ticket online from a travel agency in Dubai. After the booking, the amount was deducted from my card, but I have not yet received the ticket. When I contacted the travel agency`s customer service, they told me that the ticket will be provided in the morning. Later, they sent me an email saying that the ticket is not available with the airline and I can either reschedule the ticket or get a refund. I requested a refund and they replied that the amount will be credited to my account within 25 days. It has been almost 2 months and I have not yet received the refund. Please suggest how I can proceed further!

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What are my rights as a tenant in Dubai if the Ejari is blocked?

Q: Dear Sir/Madam, I have just moved into a new apartment as a tenant. The tenancy agreement was signed by all parties (the landlord and me), and the cheques were signed and submitted (the first of four has been cashed). I have tried to get Ejari using the REST App, Dubai Land Department website, and in person at the kiosks, but they have been denied/blocked because of a legal case between the previous tenant and previous owner (I moved in the day the new owner purchased the property). The new owner wants to evict me and is saying I must leave. Without Ejari, I have not been able to register the tenancy agreement, and I cannot even get Dewa (it is currently under the name of the new landlord who is threatening to shut it off). The landlord says that because there is no Ejari, I have no rights and I must leave. Do I have to leave as the landlord is saying? Is there a course of action I can take?

Do I need to pay my employer if I resign before two months of contract expiry?

Q: Hi there, I am on a limited contract visa in Abu Dhabi. I still have two months left in my contract, but I have officially informed my employer that I am resigning. I am currently working on my 30-day notice period as per the contract. I still have 10 days left to complete the notice period. Do I need to pay my employer anything?

Minor vs. major criminal circuit court: what's the difference?

Q: Dear Sir/Madam, What is the difference between a minor criminal circuit court and a major criminal circuit court?

What are the requirements to establish a company with two other partners in Dubai?

Q: My name is O., and I`m interested in establishing a company with 2 other partners, one is a local from Dubai.

هل يستطيع وافد إالغاء إقامة زوجته وإخراجها من الإمارات؟

س: السلام عليكم، أنا وافد في الإمارات مع زوجتي وأولادي. اختلست مني زوجتي مبلغ من المال وتنكر ذلك بشدة. طلبت منها أن تغادر الإمارات لأني لا أتحمل العيش معها بعد الآن. تهددني أنها ستجرح نفسها وتبلغ عني الشرطة وترفع علي قضية طلاق وتؤذيني في عملي. أنا طبيب هنا منذ عشر سنوات، هل من طريقة أجعلها تغادر الإمارات ولا تدخلها ثانية أبدًا؟ زوجتي لا تعمل هنا وهي على كفالتي وإقامتي الشخصية.

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Will Dubai Courts investigate the assets and bank details when we apply for the inheritance?

Q: Will Dubai Courts investigate the assets and bank details when we apply for the inheritance? And will the heirs know about the assets?

How to claim back money paid to AC repair vendor if he failed to fix it?

Q: I`m a landlord and had taken services from a company for repairing the AC in my townhouse. The guy working for the company asked me to transfer the money to an alternate account to expedite things. He was not able to fix the problem and was also very rude to our tenant. In the end, he returned the parts and we ended up fixing it from another vendor. Now they are not returning my advance of AED 1300. How do I sort this out? Do I need to make a police complaint or legal case? Don`t want too much of a hassle but need my money back.

How long does the public prosecution in Abu Dhabi take to process a mercy request?

Q: How many days does it take for a mercy request to be completed in the public prosecution of Abu Dhabi?

How to close an active DUI case in Dubai to get a PCC?

Q: Dear Sir/Madam, My friend applied for a Police Clearance Certificate (PCC), the status of which is "approved and sent" but it was never received because it was rejected. Further inquiries revealed that he has an active DUI case in Dubai, which he settled and paid the fine for 3 years ago. What can he do to close this case and receive a PCC? Thank you!

Can people go door-to-door to ask for donations or sponsorships?

Q: Dear Sir/Madam, Two people came to our office and asked to speak to the owner about sponsorships for an upcoming event. I assume they want us to donate or solicit financial support for the event. Is it legal to go door-to-door for this purpose?