Questions & Answers - Legal Advice Middle East

How to make sure about investment to protect your interests before entering it?

Q: Good morning, I am interested in investing in a venture with a business partner who has sent me a contract. I would like to ensure that I am adequately protected in various scenarios, such as if either of us decides to end our partnership. Specifically, I am seeking clarity on how the remaining shares will be divided, at what price we will need to buy them, and how the overall value of the business will be determined. Can you tell me all the required parts that a contract in the UAE should contain (for a 50/50 business venture)? Have a good day, and thank you for your replies

اتهام موظف بالاختلاس بعد الاستقالة وتسليم العهدة

س: السلام عليكم، اتهام الموظف بعد تقديم الاستقالة. هل يحق لجهة العمل مقاضاة موظف بعد استقالته وحصوله على إخلاء الطرف وتسليم ما كان في عهدته لزميل آخر حتى اكتُشف تلاعب بالأرصدة في عهدة الموظف المستقيل؟ حدث ذلك رغم تسليم العهدة بشكل سليم وقت الاستقالة.

Can a non-Muslim wife of a Muslim husband divorce as per the non-Muslim personal status law?

Q: Can a non-Muslim wife of a Muslim husband file a divorce as per the new non-Muslim personal status law? Or she must file for divorce only as per Sharia law?

Is it possible to return back to Dubai after being deported for TB?

Q: Assalam Alaikum Sir, Since 2013, I was working in Dubai. In 2015, TB happened to me I got treated at Rashid Hospital. I have also completed the course of 6 months. After that, in 2022 when I went for medical, they made me unfit because of old TB. Now they made a ban on me. Is there any legal way to remove the ban? Thank you.

How can I sell a car if it is still on loan before leaving the UAE?

Q: A car is under a car loan from a bank like monthly payment and the person who has taken the car loan goes back to their own country. Can someone else either pay the remaining money for that car and claim the title of ownership or pay its registration or Mulkiya (ownership) and keep on driving it? Is it possible or how long will it take for the car to get taken by the bank?

كيفية الحصول على المستحقات لدى صدور حكم لصالح المدعي

س: السلام عليكم، تضمّن نص الحكم الصادر من المحكمة إلزام المُدّعَى عليه بنصف الرسوم والمصاريف. استفسار بصفتي المُدّعِي: 1. كيف أُحصِّل نصف الرسوم الأخرى؟ هل بدعوى جديدة أم هي ضمن إجراءات التنفيذ؟ 2. بخصوص نصف الرسوم، كيف أطالب بالنصف؟ وهل يدخل فيه ما تكلفته من أموال في الترجمات القانونية والاستشارات القانونية؟ هل تدخل هذه المبالغ في المصاريف وأستطيع أن أطالب بها ؟ إن كانت الإجابة نعم، فهل يكون ذلك بدعوى جديدة أم ضمن إجراءات التنفيذي؟ وشكرًا لكم!

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Can I exit the country without issues if my visa is not stamped in my passport anymore?

Q: I had a case before and it is closed now, but my visa isn`t stamped in my passport now and I want to travel back to my country. Will I exit the country without any issues?

Leaking ceiling from negligent neighbor: Legal options and seeking resolution

Q: Hi, Hope you can guide me! We have a leaking ceiling in our apartment due to our neighbor above us who has failed to make proper repairs. The ceiling is badly damaged, and the representative of the accused party does not want to commit to bearing the expenses for the repairs. What legal action can we take? They keep ignoring us, and Nakheel is not mediating our complaint. What authority should we approach for this kind of dispute? Also, how can I compel the representative to disclose their landlord`s contact information so that we may forward our complaint to them? Please assist us!

How many times can a labor court judgement be appealed?

Q: How many times can a labor court judgment be appealed? I got the judgment 2 months ago and my employer appealed against the same. Now new judgment date has been announced. Can they appeal again? The case value is 140k.

What happens if the employer terminated me and asked me not to serve the notice?

Q: Hello, I got a termination in my probation period but I have a notice period of 1 month in the termination letter. Yesterday, I got one interview with the permission of the manager I went for an interview for 2 and a half hours. Then the MD shouted at me and said not to come from tomorrow onwards to the office as they do not allow me to complete my notice period. They sent the mail also to me not to come to the office and come in the evening to collect my dues. I sent the reply mail that I cannot come for your yesterdays mental and verbal harassing conversations. And I request to send my detailed settlements for further process through the mail, but they didn`t reply to me and I am afraid they will not pay. They`re also saying to me they will pay until worked days on probation but my notice clearly mentioned they will pay in full in the period of the last. Please tell me if I am in trouble.

What are the effects of the non-compete clause in case of resignation?

Q: Hi I have a question regarding my UAE employment contract. I have a non-compete clause with my current employer and have received an offer/contract from a new employer in the same industry. Please, can you kindly advise if this is at all enforceable? I feel the period is too long and the scope of work is too misguiding to be enforceable by any court system. "1) the employee shall not during the term of the contract for a period of 2 years after termination for any reason, be an owner, partner, or employee of any business/employment within the UAE, in the aviation/flight support services industry which may compete with the business of the employer or any of its subsidiaries, regardless of the grounds for termination. 2) The employee shall not compete/assist anyone to compete with the employer for 2 years in any way that harms the employer`s business. 3) liable in case the employer interests suffered any materiality or moral damages as a result of this breach, and the employer is entitled to claim compensation which he deems fit."

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Can you go with your mortgaged car to other countries outside the UAE?

Q: I purchased a new car which is financed through the bank. Can I go on tourism to Saudi with my car?

إمكانية السفر بعد موافقة المحكمة على طلب تقسيط دين

س: السلام عليكم، لدي قضية مالية مع بنك. حكمت المحكمة بدفع مبلغ 99 ألف درهم. طلبت التقسيط وتمت الموافقة. دفعت 7 دفعات ويوجد منع سفر. هل أستطيع السفر في إجازة لمدة شهر؟

Can you carry your EOSB if your company moved to free zone under a different name?

Q: Hi I am currently working in an LLC company since 2019. Recently, the company moved to a free zone with a different name and asked me to sign a letter of agreement to transfer my contract to the new company. This means that my end of service will be carried forward and paid along with whatever amount in the free zone company. Is this possible legally? Please, I need your advice urgently. The mother company and the current company are owned by the same owner.

How to stop the debt collection agency from harassing me at my workplace?

Q: Hi, I would like to ask if it is allowed for any debt collection company to send emails to multiple persons in my company which is HR, the CEO, and other colleagues of mine regarding the liability I have. Also, they keep on calling my workplace and keep on shouting at the reception to transfer the call directly to our HR Department. I would really appreciate it if someone can advise me on this matter.

Caught in a criminal case: Can my visa be cancelled while under a travel ban?

Q: Dear Sir/Madam, I have been involved in a criminal case since August and am currently under a travel ban. I was declared innocent in the first instance, but the case is still pending on appeal. Last week, my employer terminated me and initiated the process of canceling my visa. Is it possible to cancel my visa while I am still involved in a case and have a travel ban? How will I be able to exit the country with a travel ban in place? Is it possible to apply for a new visa (such as a Freelance Visa) while my case is ongoing? Thank you!