Questions & Answers - Legal Advice Middle East

Returning to the UAE after paying the overstay fine and leaving on outpass

Q: Dear sir/madam, If a person has already paid his overstay fine and because of the new rules he also left the country on outpass, can he come again to Dubai because he has already paid his fine?

Threatening to hold the final settlement due to refusal of extending the notice period

Q: Dear questioner, I have submitted my resignation letter with a 1-month notice period. Now that my last day is approaching, my manager is threatening to hold my final settlement and forcing me to extend my notice period. Despite informing my HR and manager of my health issues, they are continuing with their actions. Please advise!

What to do with dependents' visas upon joining another employer?

Q: Dear sir/madam, I have a residence visa and my both daughters are under my sponsorship. I want to know if I got a new job and had to cancel my old residence visa, then what about my daughters` visas? Would cancel them prior to my visa cancellation? Or are there any options for holding their visas and transferring to a new visa?

Will I have any legal obligation if I leave job before I sign the job offer?

Q: To whom it may concern: I came here to Dubai on a visit visa. I found a job and started training Dec 22-31. I officially started working on January 1 but they just gave me a Job Offer from MOHRE on January 11 which was sent only via WhatsApp and I never signed because they did not ask to sign it. Yesterday, January 17, I decided to not continue working with them as I cannot endure the sickening attitude of my manager. They told me that I need to serve a 30-day notice period plus I need to pay 6000 DHS because they already processed the visa. I asked them where is the visa and I told them that I never signed the Job Offer, and they did not reply to me anymore. Can I immediately leave the job or do I need to render a notice period of 30 days plus the 6000 DHS they are asking? Is there any legal agreement between us even if I did not sign the job offer? By the way, my passport is also with me. Please help me enlighten my mind on this situation. Thank you and more power to your firm.

My brother was detained in Sharjah Airport for an old bank debt that he settled

Q: My brother was detained last week in Sharjah Airport when he was traveling from Saudi Arabia stating there is a cheque bounce case. Further, looking into details we found that there is an open case in his name raised by a bank that issued a credit card to my brother when he was working in Abu Dhabi back in 2018. There was a credit card payment due when he moved back to his home country from Abu Dhabi in 2018. Later, he coordinated with collection people and settled the matter by paying dues. There is an email communication evidence in 2019 from bank officers that all dues are paid and settled and they will issue a clearance certificate which we never got. The settlement has happened with the bank but the police case was never closed as it seems. Now my brother is in jail for no fault. He is taken to Abu Dhabi and now planning to take him to Dubai for the court appearance. What should we do with this situation? My brother is facing all this trouble for no reason.

What is the maximum number of days a worker can work without an off day?

Q: Hello, Appreciate it if anyone can give clarity on the below Article of UAE labor law, Article (19): Overtime 5. A worker shall not be instructed to work for more than two consecutive weekend days, except for day workers. As per the above point, if a company gives Sunday as a rest day, what is the maximum number of days a worker can work without an off day? Since it says "weekend days", can he work 14 days or 20 days? That means workers can work till the 3rd weekend. Please advise!

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Changing the judgment of a labor case when the value is less than the appeal limit

Q: Our company is currently in the execution stage of a labor case filed by one of our ex-employee and we are paying the claim amount in installments. Before the execution took place, we had filed for an appeal and lost for the same citing the value of the claim was less than AED 50,000.00. The amount claimed by the plaintiff is bogus and we haven`t justly served in this case. Is there any way we can file a fresh complaint against the ex-employee or make any amendments to the current execution?

The employee can't afford the expert fee. What is the best solution?

Q: Hello, When an employee filed a case against a company about some pending salaries and because of some complications in the case about the calculations, the court ordered to hire an accountant expert and all expert fees the employee has to pay. Here I have some questions please answer: - If the employee can`t afford the expert fee, what is the best solution? - If the employee pays for the expert fees, later, will he get back this cost? - If the employee refused to hire an expert, what will be the negative impact on his case? Thank you!

How to know whether you have a case filed against you or not?

Q: Dear Advocate Khalifa, A strange situation happened to me on Saturday 14th of January and I am a bit concerned about it. I was dropping two guests, who came as tourists to a hotel in Dubai and I parked at the drop off area. I was saying good bye but a car stopped behind me and start horning. The driver lost patience and blocked my way. He came to talk to me and even gave me a slap on my hand. I didn`t want to pursue the discussion and even said sorry (as maybe he was in a hurry). Nonetheless, I drove away when he moved his vehicle and he said he will call the police. He took my vehicle number. As it is now, I am unsure whether he filed a case against me. Is there any way of verifying this and how much does it cost bearing in mind the incident happened on Saturday? Thanks for your support and regards, A. J.

How to retrieve a loan given to a friend in cheques for business set-up?

Q: Dear sir/madam, I gave one of my friends AED 35,000/- to set up his business in Dubai. It has been almost a year now and he`s not willing to give me my money back. I gave him the money via cheques, but we didn`t sign any agreement.

Asking for a four-year rent while the tenant was not using the property. What to do?

Q: Dear sir/madam, I have a case in RDC (RERA). I forgot to cancel my tenancy contract in 2017, and now my landlord has filed a case against me (they automatically renewed my contract without my concern), demanding that I pay the entire four-year payment. He wants to impose a travel ban. Please give me advice on how I can solve this issue!

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إمكانية استئناف دعوى قيمتها 20 ألف درهم

س: السلام عليكم أستاذي، أود السؤال عن إمكانية استئناف هذا الحكم: حكمت المحكمة حضوريًا بإلزام المُدَّعَى عليها بأن تؤدي للمُدَّعِي تذكرة عودة لموطنه أو قيمتها نقدًا ما لم يلتحق بخدمة صاحب عمل آخر وبالمناسب من المصاريف ورفضت ما عدا ذلك من طلبات. وما معنى "وبالمناسب من المصاريف"؟

A company forced an employee to sign a cheque as a guarantor. What to do?

Q: Dear sir/madam, My company (Dubai mainland) forcefully made me sign as a guarantor in a cheque bounce case without telling me anything. Dubai Court has issued a travel ban because of this and now I cannot travel. I am not the owner nor the signatory of the cheque. Please tell me whether the guarantor can be changed to another person. If yes, what is the procedure? And how much will it take to relieve me from this?

Can the landlord rent a villa again after evicting the tenant and failing to sell it?

Q: I am a landlord and gave notice (Notary Public) to the tenant to vacate the villa for personal use or to sell 14 months back. Now the tenant has vacated the villa two months before after completing one year of the notice period. There are three real estate agents working to sell the villa for the last two months but the price offered is less compared to my purchase price. Please let me know if I can rent the villa again since I am not able to get a buyer for the villa and keeping the villa vacant for more than two months is a loss for me. I have to pay monthly house loan EMI and it is becoming difficult to manage.

A second-hand car is found defective after purchase. What to do?

Q: Dear sir/madam, I bought a second-hand car from an Indian seller. At the time of the sale, he said that it is perfect inside and outside, and in perfect mechanical condition. The car passed an RTA inspection so we trusted him. Three days later, the car broke down while we were driving. We took the car to a mechanic and they discovered that there are 11,000 dirhams worth of mechanical failures. One of these was in the brake system with low brake fluid and pads that need to be replaced. We are upset because the man told us the car was in perfect mechanical condition and also because we could have been injured by driving a car with failing brakes. Is there anything we can do about this situation? Hope we hear from you soon!

ترك صاحب العمل والانتقال إلى آخر بسبب تأخير الراتب

س: السلام عليكم، نقلت عملي إلى مؤسسة قبل أشهر عديدة وصاحب العمل لا يلتزم بالراتب ويتأخر في الدفع وأستلم راتبي على دفعات ١٠٠ ريال و٢٠٠ ريال. حصلت على عمل أفضل وأريد أن أنتقل إليه. أفيدوني جزاكم الله خيرًا!