Questions & Answers - Legal Advice Middle East

Signed MOU with no response from buyer: Can I pursue another offer?

Q: Dear sir/madam, I signed a Memorandum of Understanding (MOU), but the buyer has not given a security deposit or signed it yet. I received another offer. Since I signed only a hard copy (not online), can I sign another MOU as the buyer has not replied?

Claiming the labor dues while being in home country

Q: Good morning, I am going back tomorrow to my country. I have already signed my cancellation letter without signing my final settlement. Can I still complain to MOHRE even if I am outside the country regarding the final settlement? Thank you!

Traveling to the UAE as a tourist after residency visa rejection due to HIV

Q: Hello there, I would like to ask you something. One year ago, my application for residency in Dubai (for job matters) got rejected due to my health issues (because of HIV) and they banned me for life. Can I still travel as a tourist? I get my visa on arrival. I have to add that I`m on treatment and now I`m "HIV negative" because of the pills and my doctor told me that I`m not contagious anymore. Should I take a medical certificate with me?

استرداد الأموال المدفوعة لدى تأخُّر المطور في تشغيل المشروع

س: السلام عليكم، تأخّر المطور في تشغيل المشروع الفندقي. بعد مرور ٣ سنوات من استكمال البناء ولأنني أحد الملاك، فقد دفعت أكثر من ٩٠% من قيمة الوحدة وتم تسجيل الوحدة في دائرة الأراضي والأملاك. الآن بحسب الزيارة الميدانية فإن المشروع غير مؤهّل لأن يعمل حتى هذا العام ٢٠٢٣. هل يحق لي المطالبة باسترداد الأموال المدفوعة؟

How can I check if I have any cases against me from outside the UAE?

Q: Hello Sir I was a taxi driver in 2019. Unfortunately, I was arrested by Sharjah police. They take me to Sharjah out of jail because my ID has expired. I have also put a case on my company. After I scan they came to know I have a case with my company they release me. After that, I won the case my company give me a ticket as per UAE law and I traveled to Pakistan After 2 months I applied again for a visit visa but my travel agent said I am banned and can not travel. I want to know why I was banned and which type of ban is imposed on me.

I let my friend use my cheques for rental of her apartment and the cheque bounced

Q: Hi I let my friend use my cheques for rental payments for her apartment which she is renting. Unfortunately, she did not deposit the money until it was the due date so there was a bounced cheque and the real estate included my name for the travel ban case that they filed against my friend.

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Claiming final clearance deductions from former UAE employer

Q: Dear sir/madam, When I left my previous employer in the UAE before the end of my probation period, they deducted expenses related to my final clearance, such as recruitment, visa, ID, and medical costs. As a result, I did not receive my last salary and had to pay extra. I was not given a final clearance before I sent them an email agreeing to these deductions. I believe that it is not legal to deduct recruitment expenses from an employee. Do I have the right to ask for this money back? If so, what is the procedure?

رفع دعوى طلاق في الإمارات أثناء إقامة الزوج في كندا

س: السلام عليكم، ابنتي تزوجت في دبي سنة ٢٠١٠ ثم انتقلت للعيش في كندا مع زوجها بعد سنة من الزواج. زوجها لم يعمل طيلة ١١ سنة سوى ٤ أشهر. حصلت على شغل وإقامة في دبي خلال إجازة الكريسمس وكان الأولاد معها وهم توأم عمرهما ٨ سنوات و١٠ أشهر. سجلتهم في المدرسة في دبي. الآن زوجها يدعي أنها خطفت الأولاد مع أنه يعلم بسفرها وهو بنفسه أوصلها للمطار لكن هي نفسها لم تكن تعلم أنها ستحصل على عمل مجزي في دبي إلا بعد عدة مقابلات. بعدها أقام زوجها دعوى اختطاف الأطفال. ابنتي تريد الطلاق وحضانة الأولاد لأنها غير مرتاحة معه. السؤال: هل يجب عليها تسليم الأطفال تنفيذًا لقرار المحكمة الغيابي في كندا؟ حيث أن المحكمة لا ترغب في سماع محامي الدفاع عن ابنتي قبل تسليم الأطفال لأبوهم. علمًا بأن ابنتي وزوجها مسلمين يحملان الجنسية الكندية. أفيدوني. شكرًا جزيلاً!

Is it legal to reduce the salary upon renewal of an employment contract?

Q: Hi sir/madam, I just have some concerns regarding my employment contract and my salary. Is it allowed for my employer to renew my contract without signing or signature? Is it allowed or legal that my salary in my first contract is not the same as in my 2nd contract? In my first contract, the salary was 3500 and after renewing my contract, they made it 1500 without informing me. Please help!

المدة القانونية لتقديم طلب تنفيذ شيك بعد ارتجاعه

س: السلام عليكم، لدي شيك مستحق بتاريخ ١٥ أكتوبر ٢٠٢٢. حصلت على رفض من البنك لعدم كفاية الرصيد بتاريخ ١ فبراير ٢٠٢٣. تواصل معي الشخص المُستحقّ عليه الشيك وطلب تقسيط المبلغ بشكل ودي. السؤال: ما المدة القانونية التي يمكنني خلالها تقديم طلب تنفيذ شيكات في المحكمة وطلب حرمان من السفر في حالة عدم التزامه؟ وهل تُحتَسَب من تاريخ الاستحقاق أم من تاريخ الرفض؟

Asking for visa expenses after termination without notice

Q: Dear sir/madam, My employer terminated me without notice. She is asking for a refund of the visa expenses. Do I need to pay them as they are the ones who broke the contract?

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What are the rights with a valid eviction notice and a changed property owner?

Q: Dear Sirs, Our rental contract expired on January 23, 2023. On August 15, 2022, we were officially served with an eviction notice through the Dubai courts, which granted us the right to stay in the property until August 2023. The landlord has since sold the property, but he has refused to share the details of the new owner until the expiration date of the existing contract (January 23, 2023). The new owner has asked us to vacate the property immediately. We have made an offer to deposit with RDC, but the new owner has ignored this offer. Do we need to vacate the property even though we have a valid eviction notice from the previous owner until August 2023? Should the new owner not provide us with a new contract with the same conditions as the previous one and issue a new eviction notice if he wants us to vacate the property? Thank you in advance!

Taking legal action against false accusation of harassment and unlawful filming

Q: Hello, I was at the gym in my apartment building and had an argument with a woman about listening to music loudly, etc. The conversation became a bit heated. At the end, I was laughing at her because she was screaming, dancing, and making some moves. She was offended by this and grabbed her phone to start filming me. I kindly asked her to stop filming me as it is not allowed without my consent, but she ignored me. She then went to the security guard and complained about my behavior, stating that I was shouting at her and harassing her, which was untrue. The security guard could not find any evidence of wrongdoing on the video, but still gave me a warning, likely because they are from the same ethnicity. I am unsure if she has shared the video on social media and I want to know if there is a possibility of taking legal action.

How to clear a bank case and get a police clearance certificate to travel and work abroad?

Q: I lost my job at Fly Emirates in 2020 due to Covid 19. I had a loan from a bank of 34000 Dhs. Now I got a job in the UK and they need police clearance from Dubai. I applied and failed to get it, they said to clear my liabilities first. I really need to go to work as soon as possible. How can I solve this issue?

What is the gratuity I am entitled for if I resigned after two years of service

Q: I started working on February 2021 under an unlimited contract in Dubai, UAE, and I`m resigning in 2023. Am I entitled to 21 days of gratuity as per the new end-of-service law? Does the new law supersede the old law? Where can I find the legal proof and official information that the new law supersedes the old law?

Reporting illegal business practices in a company

Q: Dear sir/madam, My company is indulging in a bad practice which I think I need to report to the authorities. We are involved in the sale of FMCG (food and no food items). When products expire, we remove them for management. But to my surprise, I’ve realized that the management sends these expired products to their houses and gets the dates of the items changed. I have tried my best to avoid this but they keep bringing them which is very worrying. Secondly, they deliberately hire people on visit visas, they use them and when the visa expires, they release and dismiss them. This has been going on for a while now and I find it very disturbing. Many innocent colleagues have entered into overstay and absconding due to this. Moreover, workers here are made to work for more than 12hrs a day/6 days a week without overtime pay. How do I go about this, please?