Questions & Answers - Legal Advice Middle East

What are the options for appealing a forgery verdict?

Q: Dear Sir/Madam, My friend is the third accused in a criminal case of forgery of documents. He was sentenced to imprisonment and deportation. Can he appeal from inside the jail, or will his family need to do it from outside?

My friend has been charged with a case of possession of narcotics. How to defend the case?

Q: Dear Lawyers, My friend has been charged with a case of possession of a narcotic substance schedule 3 for personal use, on 1st March 2023. The quantity was very small, maybe 5 gm. The case is now in public prosecution under investigation, and he is currently on a travel ban as well. My question is as per the new law on drugs and as a first-time offense, what would be the verdict? Can he get a new visa and change jobs during this phase? How much time does it take to finish the case?

Will my brother have to take a drug test after surrendering for drug possession?

Q: Hello, My brother was arrested in February for possession of 4/5 grams of a drug. He was charged with possession of narcotic substances stipulated in Tables No. 1 and 4, Section 1, which is more than 100 grams in Dubai. He is not selling the drug, but I found out that he uses heroin. Yesterday was his first hearing, and he was sentenced to a fine of AED 5,000 and deportation. I would like to ask if he has to undergo a drug test when he surrenders.

What happens to the rent increase and eviction notice upon selling the property to a new owner?

Q: I am a tenant in a villa. The landlord wants to sell the property to a new owner who wants to move in. My rental agreement is till August 15, which means my 90-day increase notice is due on May 15. Three parts to this question: 1. If the current owner serves me a 12-month notice, can the new owners still increase my rent? 2. If the current owner doesn`t accept my counter-offer for the rental increase that he served before the notice (My offer is in line with the RERA calculations, but his is not), can he legally increase my rent if I get an eviction notice? 3. Is my eviction notice still valid if the sale of the property goes through? Or must the new owner serve me a new notice? Thanks in advance

تنفيذ حكم عمالي ضد شركة أغلقت

س: السلام عليكم، لدي دعوى تنفيذ عمالي. المنفَّذ ضده شركة ذات مسؤولية محدودة قامت بالإغلاق وتم إعلانها نشرًا ولا يوجد أي شيء للحجز عليه. المالك هو نفسه المدير (وفقًا للقانون الجديد لا يُسأل المدير) وحاليًا لديه شركة أخرى. ما الإجراء المُتبع هنا؟

Attorney didn't include evidence, wants full payment for appeal. What are my rights?

Q: Hello, I need legal advice regarding a divorce attorney. I gave all the evidence for the physical abuse and infidelity. The lawyer didn’t include any evidence in the memo even though we agreed that she will. I did get divorced but didn’t get children alimony. I have the right to two appeals. My lawyer is asking to do the full payment for their service before the appeal or she is not going to do the appeal. What are my rights in this case? I thought the full payment should be done after all the appeals. Please advise!

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Company owes me unpaid salary and other labor dues. What to do?

Q: Dear Sir/Madam, I have been working as an engineer for my company for 14 months under a limited contract. The company has failed to pay my full salary every month, and as of today, I am owed 150,000 AED. I have filed a complaint with MOHRE. As I have completed 14 months, the company has not yet paid me my annual leave salary or my return ticket. In this scenario, is it advisable to resign? I am thinking of applying for a one-month leave of absence, as this is my right, and I can use this time to search for a new job peacefully. If I want to resign, how can I get my settlement? I am currently in a financial crunch, so what will be the court fees and lawyer fees? Also, how long does it take to get a settlement from my employer?

Can I resign and join a new company without affecting my settlement claim?

Q: Dear Sir/Madam, I recently filed a complaint with MOHRE and received a call from them today asking for my claims. I am working as an electrical engineer under a limited contract. My start date was March 10, 2022, but my labor contract was not completed until April 24, 2022. - My offer letter states that my salary is 25,000 AED per month, but my employer made my labor contract state that my salary is 15,000 AED per month. The employer has paid me partial salaries as he wished, sometimes 25,000 AED and sometimes 15,000 AED. As of today, my partial/pending salaries total 150,000 AED in 14 months of service. - The employer has failed to provide me with medical health insurance. Also, as per my offer letter, the employer agreed to provide medical health insurance to my family. However, the employer has failed to reimburse me for any submitted bills. - The employer has failed to pay my annual leave. In such a scenario, what will happen with MOHRE? Can I resign and join a new company without affecting my settlement claim? Should I apply for 1-month leave as per my right and look for a new job?

Our company provided services to a hotel in Dubai and did not get paid. How to claim the amount?

Q: Hi, We are a company in Dubai specializing in floral decoration projects. In Ramadan 2023, we did a project for a hotel in Dubai and at that time, it was discussed that half payment will be done after the project gets finished. But it`s been more than 2 months and we haven`t got the payment yet. We have all the legal LPOs and emails from them. Now, they won`t receive calls or reply to emails. When we send the team to the hotel, the security won`t allow us to go inside. Is there any legal way to deal with this? Please help.

Can I leave the country while a criminal case is ongoing?

Q: Dear Sir/Madam, I have a criminal case in progress regarding a check issued after my bank account was closed. There was another case for the same issue in civil court. I won the execution case in civil court because the check was stolen. However, the criminal case is still ongoing. My question is, can I apply to leave the country temporarily while the criminal case is ongoing? If so, how will this work? Thanks!

If my friend has a travel ban in the UAE, is she allowed to enter Qatar?

Q: Good morning, I would like to ask if my friend has a travel ban in the UAE, is she allowed to enter Qatar? Thank you in advance for the answer. Really appreciated.

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Transferring EOSBs from Dubai Internet City to Dubai International Financial Centre?

Q: Dear Sir/Madam, Can you assist us with our query? Our company is initially registered in Dubai Internet City (DIC) and will be transferred to Dubai International Financial Centre (DIFC). Can we transfer the employee`s accumulated end-of-service benefits (EOSB) while in the DIC to DEWS contribution? Or is it not possible and we need to pay the EOSB first to the employee and start anew with the DEWS contribution?

Can I resign during probationary period without paying compensation?

Q: Dear Sir/Madam, I am on a limited contract (I think, as it does not contain an end date but states a duration of 3 years). I am one month into a 6-month probationary period and I wish to resign. I am happy to serve the required notice period (14 days as stated in the contract), but I wish to understand if I will be liable to pay the employer compensation for resigning within the 3 years.

Ex-employer threatens to prevent employee from leaving country. What to do?

Q: Hi Madam, One of my colleagues is working in Dubai. He has planned to visit his home country with his old visa canceled. He has a new employer`s visa. While he was trying to book a ticket, his previous employer threatened him not to leave and said that they would file a case against him. Is this possible? Can you please guide us?

How to get my deposit back from a car rental company that refuses to pay it back?

Q: How to get my money back from a car rental company that took a deposit from me and now refusing to pay it back to me? They won`t reply to my calls and messages.

How to remove absconding case from employer who is asking for money?

Q: Hi, I ran away from my employer and now I have an absconding case. My employer asked me to pay because he needs to pay for the removal of the absconding and cancellation. After I sent him the money, he is asking again for the payment of the removal of absconding. My visa ends on May 2, 2023. Any advice on what to do as he is not replying to my messages anymore?