Questions & Answers - Legal Advice Middle East

الترحيل من الدولة بسبب مخالفات الإقامة

س: السلام عليكم أخي الكريم، أنا في دولة الإمارات. يوجد عليّ مخالفات على الفيزا وأنا في الشهر السابع من المخالفات وليس لدي القدرة المالية على أن أسددها. أريد البدء في إجرات الترحيل ولا أعلم أين أذهب وفيزتي على أبوظبي.

What are your rights in arbitrary dismissal if the company terminates you without notice?

Q: Under the new law, all contracts will be under the limited contract. If they terminate you, are you going to receive a notice or not? My company terminated me and gave me only 1 month`s salary but no notice. Please advise. Thanks

Do I need to pay my employer any money if I leave job and was on a visit visa?

Q: I`m working here in the UAE on a visit visa and I want to go back now to my country. Do I need to pay the money they use on me just to travel here in the UAE? Please tell me what should I do now.

Verbal agreement gone wrong: seeking repayment of misused funds from a co-worker

Q: Dear sir/madam, I entered into a business venture with my co-worker, but we only had a verbal contract. I gave him 100k QR, but he lied and said he was sending the money to his mother for a lending business. Unfortunately, he actually invested it in a pyramid scam. Do I have a chance to win my case and obligate him to pay me back the remaining 66k QR? My only evidence is WhatsApp messages, bank transactions showing that I sent him the money, and his bank transactions showing that he sent money to my account. What should I do now?

The applicability of the non-compete agreement on a swimming coach

Q: Hello, I have questions regarding the non-compete agreement which was written in a contract: The employee will be committed not to work in the same competing business of the company in the UAE for the period of 2 years if the employee has terminated the contract or if their employment contract had expired as per Article 127 of the Federal Labor Law no. 8 of 1980 without prejudice to the companies legal or contractual obligations. In such case, the additional conditions shall not breach Applicable Laws, or the articles stipulated in this contract or the Annex hereof. In case of adding such conditions, this contract and the annex hereof must be referred to the relevant labor relations authority within MOHRE for review prior to approval thereof. Is this law in reality enforceable or unenforceable? My position is not a high senior position (I’m a swimming coach). Does this mean that I am not entitled to work in the UAE for 2 years after my resignation or after my contract ends? Thanks!

Eviction and property sale: How does it affect the rental contract?

Q: Hi, Our rental contract ends on June 2023, but in November 2022, we were officially served eviction through Dubai courts stating we need to vacate the property by November 2023. The landlord is planning to sell the property. What happens in terms of the contract for the time period of June to November 2023? Does the current landlord extend the current contract until the end of the eviction? What is the process? I did contact RERA but did not receive any information over the phone. Thanks!

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How to defend a case from a business partner who gave cheques and took cash after exiting?

Q: A person wanted to buy shares in my business. He issued cheques and then changed his mind and got cash from me. Now he filed a legal case against me. What shall I do?

Is submitting a forged sick leave a valid reason to terminate the employee without notice?

Q: Can a forged medical certificate lead to the termination of the employee without notice under Article 44(1) of UAE Federal Law No.33,2021?

Can a forged medical certificate lead to the termination of an employee?

Q: Dear sir/madam, Can a forged medical certificate lead to the termination of an employee without notice under Article 44 (1) of UAE Federal Law No.33,2021?

How to claim the full price of my car that got damaged in an accident not due to my fault?

Q: My car got damaged in an accident, and it was not my fault. The insurance said they will cancel the car and give me AED 5,500, whilst the car value on Facebook maybe is AED 12,000. The sum insured as car value is AED 7000 with insurance Can`t I claim pre-accident condition whatsoever the value of repair as it is not my fault? I believe that the faulty party insurance must pay for all the damages that happened to my car due to the others` fault. Why do I have to bear losses in depreciation and cancellation? Please advise.

Trapped in the UAE with expired visa and fines. What to do?

Q: Good day, I have an issue regarding my visa. My contract with my previous job ended on July 12th of last year. They canceled my visa on July 18th, leaving me with one month remaining in the UAE. Unfortunately, I unintentionally lost my passport at that time and was unable to renew my visa before it expired. I was also processing my new passport, which is why I overstayed in the UAE. My previous company filed an absconding case against me and I now have fines to pay. I have all the necessary documents to prove that I did not have my passport at that time. I went to the AMER in an attempt to reduce my fines and I also have a new offer letter from a new company I applied to. When the AMER attempted to reduce my fines in their system, it showed that immigration blocked me. I need to go Al Awir Immigration. They said I need a letter from the new company to remove my absconding. Please tell me what should I do about this. Thanks!

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The ex-husband wants custody and the current one is abusive. What to do?

Q: Dear Sir/Madam, In 2019, I got divorced and moved to Abu Dhabi with my son. I worked at a school for four years. Recently, I moved to Dubai and have been working in healthcare for the past two years. My child is now 13 years old. In March 2022, I remarried after my divorce. My ex-husband has been blackmailing and tormenting me, saying that he wants custody of my child because I remarried. The Indian court had already granted me full custody during our divorce, but my ex is threatening to take my son away. I don`t trust him because he is violent and abusive. My current husband is aware of my situation, but he is often upset about my ex`s messages to my child and he is also abusing me and doing domestic violence. I feel unsafe. I am currently nine months pregnant and I have a 13-year-old son. I want to be protected, along with my two children. How can I escape this situation and live peacefully?

Am I obliged to serve a notice period to leave job if the contract expired?

Q: Good day, My contract expired on 02/12/2022, however, my visa is expiring on 15/03/2023. I intend on leaving in 2 weeks as I have been offered another job. Since I am already out of contract, do I have to serve a notice period?

My employer filed a labor complaint for loss and damage after cancellation. Can I travel?

Q: Dear Team, My visa has been canceled on 13 Jan 2023. After a few days on 23rd Jan 2023, my employer lodged a labor complaint for damage and loss. My question is that, will that case be valid after the cancellation? And due to an emergency in my family, can I leave the UAE for my home country now? Please help.

Returning to the UAE: the effect of mother's debts on the daughter

Q: Dear sir/madam, My friend wants to return to the UAE. She previously held a mother sponsorship visa in the UAE. However, her mother has outstanding loans/credit card debts and she is a supplementary cardholder. In 2016, both their visas were canceled and they returned to the Philippines. Will this affect her chances of returning to the UAE? She did not sign anything for these loans or credit cards, as she is not the principal holder. However, since her visa is sponsored by her mother, who is the debtor, and she holds a supplementary card, will this affect her? Or will it not because she has not signed anything?"

كيف يمكن تقديم شكوى ضد طبيب بسبب خطأ طبي؟

س: السلام عليكم، أجريت عملية تصحيح الحاجز الأنفي، ولكن لم يقم الطبيب بالإجراء الصحيح وما زلت أعاني من المشكلة الصحية. للتوضيح أكثر، لم يتم تصحيح الحاجز الأنفي بالشكل الصحيح. كيف يمكن تقديم شكوى وأخذ تعويض؟