Questions & Answers - Legal Advice Middle East

Taking possession of a customer's vehicle if he has an outstanding bill

Q: Hello, I am the owner of an automotive garage in the UAE. I have a customer who has an outstanding bill and has not collected their vehicle yet. Every time the customer claims they will come to collect their vehicle and close their outstanding payments, they end up lying and ignoring calls for weeks. Is there any form of legal action I can take or a way I can legally possess the vehicle after a certain time period?

Do I get gratuity after resigning from a job after 1.5 years?

Q: Hi Mahmoud, I am seeking your professional advice and guidance regarding a certain doubt that has arisen in the context of my resignation from my current employment. I will be leaving the company on July 4th after working with them for 1 year and 6 months. Do I get a gratuity according to UAE law?

How to anonymously complain about company health insurance deductions?

Q: Dear Sir/Madam, My company deducts the fee for my family health insurance monthly from my salary. How can I complain without revealing my identity?

إمكانية فسخ عقد الزواج قبل الدخول بدون دفع المؤخر

س: السلام عليكم، هل يمكن فسخ عقد الزواج بدون دخول بلا سبب منطقي وبدون موافقة الزوجة أو الضغط عليها لإجبارها على التخلي عن المؤخر؟

Do I have to pay my employer for the remaining notice period upon resignation?

Q: Hello, I hope I get the answer. I emailed my company a resignation letter during my probation period. As per my contract, my notice period is three months. However, due to depression, I only served one month. In June, I had absences from work and they told me to stop working and sign the cancellation papers. They said that I need to pay them for the remaining 42 days of my notice period. Do I really need to pay them for those remaining days? Thank you!

The expected punishment for theft when the victim agrees to drop the charges?

Q: Dear whom it may concern, I would like to ask on behalf of a family member who faces a trial soon in Sharjah on charges of theft. He is concerned about the level of punishment he faces. (Roughly 6,500 dirhams worth of goods were stolen.over four times. He has maintained his position of guilt from the beginning. He has compensated the victims twice the amount, roughly 12000 dirhams and the complainant has agreed to drop the charges). It seems like the case will be classified as a misdemeanor "Jonhaa". What can he expect his punishment to be? And would appointing a lawyer help to lower the punishment at this stage? Thank you in advance!

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RERA vs. Rental Valuation Certificate: Which will the Rent and Dispute Center follow?

Q: Dear Sir/Madam, I sent my tenant in Dubai a rent increase notice before the 90-day period required by RERA. The RERA rent calculator does not allow any rent increase in this case, but I requested a Rental Valuation Certificate from the Dubai Land Department, which showed a rent increase. According to the law, which one will the Rent and Dispute Center follow?

The consequences of a traffic investigation in Dubai after a car accident

Q: Dear Sir/Madam, A driver is driving a car and a pedestrian suddenly runs across the road. There were no pedestrian crossings. The pedestrian has moderate injuries. What are the further procedures in Dubai? Could there be a travel ban?

Entry ban to UAE: Can I travel to other GCC countries?

Q: Dear Sir/Madam, I may have an entry ban to the UAE. Can I travel to other GCC countries? Also, can I transit through Dubai Airport?

Tenant wants to leave apartment early after eviction notice: Is he entitled to a refund?

Q: Dear Sir/Madam, I am in the process of selling an apartment that is tenanted until February 2024. In April 2023, I served the tenant with an eviction notice due to my plan to sell, which means he has until April 2024 to leave the apartment. The contract stipulates that he is liable for two months` rent for early termination. The tenant has informed me that he wishes to leave immediately and is demanding a refund of rent paid for the entire remaining period of the contract. He claims that, according to the DLD, he can leave with no notice and without any penalty due to the eviction notice. Is he correct?

When to resign and how to renew visa for a new job?

Q: Dear Sir/Ma`am, I hope this message finds you well. I have a question regarding my employment situation. I currently have a contract that is set to end on December 21, 2023. However, I have decided that I do not wish to renew my contract and would like to pursue a new job opportunity. I would like to inquire about the appropriate time for submitting my resignation letter. Considering that my contract ends on December 21, 2023, when would be the most suitable time for me to hand in my resignation? Additionally, once my previous employer cancels my visa, I would like to know how much time I have before I need to obtain a new visa for my next job. It would be greatly appreciated if you could provide me with some guidance on this matter. Thank you very much for your assistance. Sincerely,

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هل عدم حكم القاضي الجزائي بالتعويض المدني يُعد حجة على القاضي المدني بعدم التعويض؟

س: السلام عليكم، رفعت دعوى جزائية ضد شخص عن السب مع طلب التعويض المدني المؤقّت. حُكم على المُشتكَى ضده بغرامة بقيمة 5000 آلاف ولم يحكم القاضي بالتعويض المدني المؤقت 5001+ للمشتكي. المحكمة أحالت الدعوى إلى المحكمة المدنية المختصة. هل عدم القضاء من القاضي الجزائي بالتعويض المدني المؤقت يُعد حجة على القاضي المدني بعدم التعويض؟

Terminated from DMCC Free Zone company: What are my rights?

Q: Dear Sir/Madam, I have a DMCC free zone visa. I was terminated from my company. I want to know what I am eligible to claim. Please advise!

هل يجب وجود نساء لدى الأب ليربح دعوى ضم حضانة؟

س: السلام عليكم، لدي بنت تجاوزت ١٣ سنة وابن تجاوز ١١ سنة وهم في حضانة أمهم حاليًا. أمهم متزوجة من رجل أجنبي عن المحضونين وأنوي رفع قضية إسقاط حضانة الأولاد وضمهم إليّ. السؤال: هل يجب أن أكون متزوجًا أو لدي من النساء مَن يقوم برعاية الأبناء حتى أربح القضية؟ علمًا بأنني أقيم بمفردي حاليًا.

إمكانية المرور ترانزيت عبر دول مجلس التعاون رغم وجود قضية جنائية

س: السلام عليكم، هل يستطيع شخص مُبعد من دول مجلس التعاون الخليجي المرور بها عن طريق الترانزيت؟ علمًا بأن القضية جنائية كانت في السعودية وقضيت العقوبة هناك، وبعدها ذهبت إلى الإمارات، وبعد قضاء سنتين تم الترحيل من هناك أيضًا على إثرها. الآن سأسافر إلى دولة روسيا ولكن عن طريق الترانزيت.

Expired visit visa and cheque bounce case in Dubai: What should I do?

Q: Hi sir, I am from India. I was previously in the UAE before the COVID-19 pandemic, but unfortunately, I was unable to return due to the pandemic. However, I recently came back to the UAE on a visit visa. Unfortunately, my visa expired yesterday, and I was stopped by immigration officials. They told me that I need to go to the Dubai court because I have a cheque bounce case registered against me. I am currently unemployed, and I do not have any suggestions. However, I previously committed to the bank that I would pay the amount once I get a job.