Questions & Answers

Q: Dear sir/madam, I have a travel ban and police cases for 5 old debt loans and card cases in Dubai (2010). Is it required to pay a fine for each case and close it? Or can it be closed automatically as per the new laws released in 2020 where debt is decriminalized? Does the fine system still exist? Or is that abolished also? Can we close the cases by requesting the court? Or do we still pay fines at the respective police stations? I want to know the options at a high level before taking them forward.

Driving a car while the Mulkiya is expired and the insurance is valid

Q: Hi, Can I drive the car if my Mulkiya is expired? My insurance is valid.

هل يحق للمُدَّعى عليه في دعوى خلع وإثبات حضانة التقدم بطلب إغفال لمحكمة الموضوع؟

س: السلام عليكم، هل يحق لي كمُدَّعى عليه في دعوى خلع وإثبات حضانة أن أتقدم بطلب إغفال لمحكمة الموضوع؟ حيث أن المدعية طلبت الحضانة فقط في مذكرتها الشارحة ولم تطلبها في مذكرتها التعقيبية والختامية وأنا في دعوتها كنت أنازعها على الحضانة وأطلبهم. القاضي أثبت وقوع طلاق بائن ولكن لم يذكر أي شيء بخصوص الحضانة واكتفى بأن المدعية لم تطلبها في المذكرة الختامية. فماذا عن طلبي أنا كمُدَّعَى عليه؟ هل يحق لي عمل طلب إغفال أم أطالب بالحضانة في الاستئناف أم دعوى جديدة؟

Can bounced cheque cases be resolved at the police station?

Q: Dear sir/madam, Can bounced cheque cases be resolved at the police station? I have a bounced cheque with a real estate in Dubai. Can I deposit the amount in favor of the complainer at the police station? Will the police close the case after paying off the amount? Is there any way of paying and presenting the receipt to the police without a clearance letter from the real estate?

Returning to the UAE while the settlement offer is rejected by the bank

Q: Hello, I was living in Abu Dhabi for 5 years and I was made redundant by my company in the Covid-19 crisis in May 2019. I had no choice but to leave the country as I was not able to find another job during the period of 1 month that my residence visa was still valid. I had a loan with an outstanding amount of around 300.000 AED that I could not repay. I was contacted by many debt collectors to repay, and I showed good intention and offered to pay small amounts on monthly basis from my country of residence as the salary averages were much lower than those in the UAE. My offers however were rejected. Assuming that I would like to travel back to the UAE and find a job, what should I expect after the legal changes that occurred at the beginning of 2022? am I to serve any jail time, or will there be any fine of any kind? And how long is the period for such cases to be written off if that is a possibility? Thank you for your time!

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Can the landlord ask for rent increase 77 days prior to contract end date?

Q: Hi, My landlord asked for an increase in rent 77 days prior to the contract`s end date. He also asked for more than the amount that is allowed by the RERA calculator. Since it is close to the limit of 90 days, if I go for the option of complaint via DLD/RDC, do I have a valid case for asking for the contract to be renewed under old terms? Or is there a chance that the court will allow the landlord to increase the rent by what is allowed for by the RERA calculator? Thank you

The responsibility of a resigned general manager while his name is still on the trade license

Q: Dear sir/madam, I am a general manager of an insurance company. However, I don`t have any equity and I am not a shareholder. I am not authorized to sign a cheque and I am not a signatory in any of the bank accounts. Partners issue the cheques. If the company has debts, will I be responsible or will it be the partner`s/owners` responsibility? I resigned from my company and have taken resignation acceptance from all the 3 partners on the company letterhead. I have completed my notice period. However, they need one more month to change my name on the trade license. In case of any legal cases, would I be responsible?

How is the salary calculated in case of leaving job and on which basis?

Q: I started my career 4 years back in a Dubai mainland company for AED 4500 (3500 basic and AED 1000 allowance as per the labor contract). After one year, they paid additional AED 500 (Total salary 5000) for housing allowance. On the 2nd year at the time of renewal, they increased my salary AED 2000 (Total salary 7000). On the third year, they increased AED 3000 on my salary and AED 1000 as vehicle allowance (total salary 10000 + 1000 vehicle allowance). A net of AED 11000 was reflected in my bank every month as salary. How much is the settlement I can claim as leave salary and end of service benefits as in the labor contract it`s still showing the initial joining salary? They haven`t updated the increment I received on each year on the labor system/contract.

رفع صاحب العمل شكوى على العامل بعد مرور أكثر من سنة ونصف من تركه العمل

س: السلام عليكم، هل يحق لصاحب العمل رفع شكوى على العامل بعد مرور أكثر من سنة ونصف من تركه العمل وانتقاله إلى صاحب عمل آخر؟ يطالب صاحب العمل برد مبالغ حصل عليها العامل من الشركة التي يعمل بها على أنها رواتب قديمة ومستقطعات وبدلات وذلك بعد أن رفع العامل قضية عمالية لمستحقاته التي لم يمر عليها أكثر من عام وحكمت المحكمة لصالحه.

صاحب عمل يتهم العامل بالتقصير ويسيء معاملته ويحتجز جواز سفره

س: السلام عليكم ورحمة الله، أعمل في مغسلة ملابس في أبوظبي بعقد عمل محدد المدة منذ شهر ٢ السابق. يقوم مدير العمل كل يوم بتشغيلي ١٠ساعات يوميًا و٥ ساعات إجازة فقط في الأسبوع ولا يعطيني أوفر تايم. تحدثت معه أكثر من مرة ليعطيني أجر وهو دائمًا يضطهدني ويلومني ويتنمر عليّ ويتحدث معي بأسلوب غير لائق وأكثر من مرة يقول أنه سيلغي العقد مما جعلني في حالة نفسية سيئة. أرسل إخطار بالفصل مدته ٣٠ يوم لي مكتوب بداخله أنني لا ألتزم بتعليمات المدير وأنني أتسبب في خسائر للشركة، وهذا كلام غير صحيح وأنا رفضت التوقيع وأرسل رسالة على الإيميل وجواز سفري معه. ما الإجراءات القانونية التي أتخذها تجاهه؟

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Do I need the approval of my previous employer after resignation to move to another job?

Q: I`ve resigned from my job during my probation and I`ve given my company a 15 days notice based on the following clause: "This contract may be terminated prior to the expiry of the Probation, by either Party on 14 (minimum 14 calendar days’ notice) and without reason. Should the Employee wish to serve notice to terminate the Contract during the Probation in order to join another company in the UAE, the Employee will give the Employer at least a 30 calendar days written notice. The Employee shall not be entitled to any end-of-service gratuity payment if termination takes place during Probation." My company approved and we`ve signed a settlement with neither party owing anything to the other and my visa has been canceled. I still haven`t taken on a job, but I wanted to know that should I take a job after this, and during my grace period, is it a must that I contact my previous employer. Seeing as I would very much not want to involve my previous employer with these details.

Residence visa transfer while being in the country after employment visa cancelation

Q: Dear sir/madam, My employment (limited contract) visa is canceled a week ago. I need your help with the below questions: 1. Can I transfer my status to a visit or a tourist visa? 2. Is in-country visa transfer possible without exit? I need your help on this!

The rights of an employee upon termination without a reason

Q: Hello, Good day! Please I need some advice! My employer canceled me automatically without a valid reason. I have already finished almost 8 months and they brought me back to the agency. The agency sent me again to another employer. Can I leave the agency? My employer told me that I can`t leave the agency because they paid for me. They canceled me without a reason. I want to know my rights.

How can I extend my visa after termination and cancellation to find another job?

Q: Hi, I have been terminated from employment and my employer said that they will keep my visa until 7 November to give me time to find a new job. If I don’t find a new job by then, they will cancel the visa anyway. It is unlikely I will secure a job by the 7 November deadline. I understand you have a 30-day grace period to change your status after visa cancellation. My plan is to change to a tourist visa. My question is, if I want to go back home (U.K.) for a while (say 20 November to 4 Jan) and continue applying for jobs from England, what do I need to do regarding my visa? If I exit the country on 20 Nov (within the 30-day grace period) is that sufficient? I’ll still have my apartment, bank account, etc. here. To formerly ‘exit’ after residence visa cancellation, do these also need to be exited/closed? Or is it as simple as I need to exit within 30 days of 7 Nov. so I can fly out mid-November and when I come back in Jan I just get a tourist visa?

Does the new owner need to serve eviction notice to the tenant if the old owner served it?

Q: Hi, I just bought a villa in Dubai, wherein the previous owner had served an eviction notice in Aug. to the tenant with the reason that he intends to sell the property. Based on this eviction notice, I bought the property, and now I was told that I need to serve a new eviction notice to the tenant again as a new owner. If I do this, then the tenant will get 12 months to vacate from the new notice date. Then what is the use of the old eviction notice? As I understand the new owner will need to honor all obligations of the old landlord and in which case the new landlord should also be entitled to the right of eviction notice served by the old landlord, right? Kindly clarify

My husband is cheating on me. I want to divorce. What should I do?

Would an old debt get abolished according to the new laws?