Questions & Answers - Legal Advice Middle East

An employer is pressuring to renew the visa. What to do?

Q: Dear Sir/Madam, My visa is set to expire on 24-Feb-2023 and I have no intention of renewing my limited contract. However, my employer is pressuring me to renew and has even threatened legal action. They requested that I undergo a medical examination three months prior to the expiration of my current visa, is this a renewal? When and how should I submit my resignation to my employer? Is there any perfect way to get out of this situation? Does the court require any proof that is not rejectable?

Proforma invoice vs school fee invoice: Which one to pay?

Q: Dear Sir/Madam, The school where my children attend recently requested that I pay a proforma invoice for the entire year`s school fees. However, the proforma invoice and the school fee invoice display two different amounts. Is a proforma invoice a demand for payment? And am I legally obligated to pay a proforma invoice, or the school fees invoice?

When rental contracts expire: How to handle building access suspension?

Q: Dear Sir/Madam, Is it possible for building management to suspend access to the building in the case of a non-renewed contract? Our rental contract in Dubai recently expired, and the building management has disabled our access cards for the main entrance, parking, and amenities such as the gym and pool. We have been in contact with the owner for at least one month prior to the contract`s expiry to follow up on the renewal. The delay is due to the owner`s end, and we have documented this through email. What steps can we take to ensure uninterrupted access to the building facilities?

The legal implications of refusing to go to work due to unpaid salaries

Q: Dear Sir/Madam, Our company (under DMCC free zone) has not paid our salary for almost 3 months. Our team has decided not to come to work due to insufficient funds, especially for transportation. We received multiple calls from HR saying that it is a strike and it is against the law. What should we do if our company takes legal action against us for not coming to work?

How do I get my labor entitlements released from the court after payment by employer?

Q: Dear Sir, I filed a labor complaint against my employer for not paying my salary on time. The court judgment came on 28 November 2022, and then in December 2022 I applied for execution. On 3 January 2023, my company paid my money to the court and until today (11.02.2023), almost 45 days had gone and I still did not get my money from the court. I don`t know if my company paid to court then why does the Dubai court take 45 days to give me my money? I do not understand now. I don`t have money for food also and on 30 January 2023, my company manager removed me from company accommodation. My question is, if I do not get my money, then how do they remove me from the accommodation? Where can I live for the last 8 months with no salary and now they remove me from the accommodation? This is not good for laborers, the government needs to understand if a laborer doesn`t get his salary on time and he files a case and they take 8 months to solve the case, how does the laborer survive during this time for 8 months and now no accommodation?

Unjustified damage fees and fraudulent charges for a rented car. What to do?

Q: Dear Sir/Madam, I visited Dubai two weeks ago on a business trip, during which we hired a car. When we returned the car, they said there was damage to one of the rings on the wheel and demanded that we pay 7000 AED without providing a repair quote. We immediately disputed this but paid for all extra mileage, tolls, and a speeding fine. We disputed the damage because we did not believe we had caused it. We also took pictures of the car and consulted Mercedes UK for advice on what should be replaced, if anything. They advised that it was minimal and would cost at most 200 AED to repair. I offered to pay this as well. Since returning to the UK, I have been receiving daily messages threatening me with police action and arrest upon my return to Dubai if we do not pay the money. We paid a 2000 AED deposit on a credit card, which they advised is released. I have written confirmation of this. However, my card has now been charged 2300 AED without my authorization, which is likely fraudulent.

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Blocked Ejari due to landlord's unpaid charges - How to renew the lease?

Q: Dear Sir/Madam, I am unable to renew my Ejari because my apartment is blocked in the system. The landlord has not been paying service charges to the developer for some time, which is the reason for the blockage. The landlord is in dispute with the developer and is unlikely to settle his dues anytime soon. Consequently, I cannot renew my Ejari until the landlord pays the service charges. Is it possible to renew my Ejari without the landlord settling his dues? Can the landlord increase my rent beyond the RERA rent increase cap, considering I do not have a renewed Ejari? Can the landlord evict me without prior notice? Please note that I had an Ejari from the previous year, but I cannot renew it this year.

Will the cases and travel bans for debts be lifted in Dubai as per the new cheque law?

Q: Regarding the UAE debt laws, I read that Dubai is wiping the cases so that travel bans are lifted. Is this true or are travel bans still active in 2023 for unpaid debts?

How to apply for the reduction of overstay fines to take a new job offer?

Q: Good morning I have an overstay fine of AED 55k. I tried to apply for a reduction of fines but It always gets rejected. Any advice on how I can fix this one? How can I go back to my home country? I have an offer letter from a company that wants to employ me but immigration officer still not accepting.

Protecting the reputation of a clinic against false reviews on Google

Q: Dear Sir/Madam, I am running a clinic in Dubai. Someone is giving bad reviews on my Google profile. We do not know this person and he has not been treated in the clinic. Due to this, the reputation of the clinic has been damaged. We do not know those people and we cannot contact them. Please advise!

How to get back my deposit for rented cars after returning them in good condition?

Q: Hi, In August I was in Dubai. I rented a few supercars and paid a deposit of 1500 euros. By the rental agreement, the owner was obligated to pay back my deposit within one but he never did so. I have contacted him several times, but he just ignored me. I told him I will contact a lawyer for help and that he has to pay all expenses if he will be sued. He answered then at once and told me I got a fine for speeding so I asked him to provide it but he never did it. I contacted him several times after that but he never answered. Is it possible to teach a lesson to this terribly acting man who represents Emirates in such a bad way and get back my money?

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Can the wife file for Khula in the UAE and will it be enforceable in India?

Q: I am married for 21 years with 2 children, 18 yrs and 10 yrs, based in the UAE. We have always had a difficult relationship but since I am a working woman I do not have to depend on him financially. Until Y 2016, his company was paying for kids’ education and accommodation so I didn’t have to worry about that. When he lost his job, that also became my responsibility. For the past 6 years, there is no support. I do not want to be married to him anymore and would like to proceed with Khula. Will the court ask me to compensate him in any way? The kids and nanny are under my sponsorship, will immigration require me to cancel their visa and restart the process as a divorced woman? We are Muslim expatriates. Will the court mandate him to provide child support even if I do not ask for it? How much time will Khula approximately take? And if you can, guide me on the cost. If I am divorced in UAE via khula, is this valid in India too?

Delaying car registration without fines

Q: Hi, My car registration is set to expire on February 22nd, 2023, and my insurance will expire on March 22nd, 2023. Yesterday, my car passed its ADNOC testing. Is it possible to postpone the car registration until the first week of March? Will I incur any fines for doing so?

What is the next step after the judgement of a labour case in appeal court?

Q: I have a labour case with my company for non-payment of settlement and pending salaries in the appeal court. The judgement came in my favour. What is the next step after the judgement of a labour case in appeal court?

إمكانية العودة إلى الإمارات بعد مغادرتها بسبب تأخير دفع الراتب

س: السلام عليكم، أتيت إلى الإمارات بعقد بمرتب وبعد أول شهر عمل لم يتم الوفاء بالعقد ولم يتم تحويل الراتب رغم فتح حساب بنكي لإيداع الراتب وفوجئت برغبة صاحب العمل في تخفيض المرتب المذكور في العقد. تركت الإمارات وسافرت إلى الموطن. بعد المغادرة علمت أن صاحب العمل رفع بلاغ هروب بعد سفري من الإمارات وأنا الآن خارج الإمارات. حررت شكوى وذكرت بها كل التفاصيل. السؤال: هل يحق لصاحب العمل تقديم بلاغ هروب وأنا خارح دولة الإمارات؟ وهل له الحق في ذلك بعد عدم تنفيذه لبنود العقد؟ وما مستقبل الشكوى المقدمة مني؟ إقامتي لا تزال سارية وأنا الآن خارج الإمارات منذ ٤ أشهر وباقي شهرين من مدة الستة أشهر خارج الدولة. أريد العودة إلى الإمارات. هل سيتم القبض عليّ في المطار؟ وهل التأشيرة أُلغيت؟ وشكرًا مقدمًا!

What can you do if the employer is pressuring you to resign because you are pregnant?

Q: Hi, My wife is nearly 4 months into a new job. We are expecting our first child and her work found out about this recently. Not long after finding out, her line manager made a fuss about how many weeks her maternity leave will be and what it will cost the company, and how much inconvenience it will cause (though we have no evidence of this conversation). Today she was pressurized to resign, being told "we don`t think this job is your thing". She was accused of messing up the job, but when she challenged for evidence they had none. We strongly suspect this is mostly down to her being pregnant. She has been working for 4 years in her industry in the UAE (6 years in total) and has never been terminated from previous jobs. She is still on probation. What can she do to avoid termination if they decide to make up reasons for firing her?