Questions & Answers

Q: Dear sir/madam, I signed an MOU to purchase a property. The MOU was signed by the POA holder of the seller on hard paper. We have been following up with the seller agent and he was keeping us up to date for nearly a month that the NOC is in progress. Last week when the MOU period expired, the agent informed us that the POA issuer has decided not to sell as he has another offer. I asked the agent about the MOU and the agent said MOU has no value as it is on paper and not in the Dubai Rest application. Questions: Can I enforce a paper-based MOU (Form F)? Or due to new rules, it is no longer valid and we made a mistake? The MOU was for one month and it is about six weeks since we signed the MOU. Appreciate any advice!

Is there any provision to claim unpaid salaries which are more than one year old?

Q: Is there any provision to claim unpaid salaries which are more than one year old? For example, salaries from January 2021 to August 2021 (8 months).

How can I file a case against a person who stole the luggage of my wife in bus?

Q: A person stole my wife`s luggage from the bus and is now calling me to come to Ajman and collect it. Do I file a case in MOL or in court? If in court, where do I need to go?

The possibility to enter the UAE while there is a travel ban

Q: Dear sir/madam, Can a person enter the United Arab Emirates with the intention of clearing a case without getting arrested at the airport, if he has a travel ban under his name?

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Compensation in lieu of notice in case of terminating an employment contract

Q: Hello Dr. Rashid, I hope you`re doing well! I am interested in the contract review + legal advice service. I would like to have some advice/more details about "Compensation in lieu of notice" in accordance with the provision of Article 117 (1) of the Federal Law No. 8 of 1980 on Labour Relations that gives employees the ability to terminate the contract as long as they compensate the employer. In my case, I have already spent 1 month`s notice period after my resignation but still have another month to go, and due to personal reasons (going back home), I would like to compensate the company (Freezone) and immediately leave as it`s an urgent thing. Would it be a possible thing to check? Thanks!

How can a new owner evict a tenant from a property for personal use?

Q: Hi Legal Advice ME, I have bought a villa in Dubai with a tenant in place. I would like to move into the villa as my residence. I understand that I must issue the current tenant a 12-month notice. Can I issue the 12-month notice even though the current tenancy contract is with the old owner? Or do I need to sign up a new tenancy agreement between myself and the tenant and then issue the 12-month notice?

هل يجب طلب موافقة الزوجة عندما يريد المواطن الزواج مرة تانية؟

س: السلام عليكم، هل يجب طلب موافقة الزوجة عندما يريد المواطن الزواج مرة ثانية؟ علمًا بأنها هي التي هجرتني في البداية، وبعدها حدثت مشاكل بيننا فاضطررت إلى ترك البيت.

An employer fires his employee without paying the pending dues. What to do?

Q: Dear sir/madam, My boss fired me after 8 months of working for the restaurant and did not pay my last salary for the month of July after he fired me. He delayed the process of my employment visa untill I got a fine of 3500 AED plus the extra hours of work. He did not pay me for 8 months. I have complained already to the labor many times but my boss keeps promising and lying to the labor that he will pay me. What should I do? Do I need to hire a lawyer? I do not have money. Thanks!

How to claim the incentive after resignation?

Q: Dear sir/madam, I resigned from my job and completed my notice period. The company is not releasing my incentive as I have already resigned. However, there is nothing mentioned in the incentive policy. How do I claim it?

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How to know if you have a case or travel ban for an old bank debt and when does it drop?

Q: Hi Alona, I had some loans from banks in 2015 which amounted to 400k from 3 banks. Now with the 2022 rule, I checked and there is no criminal case or travel ban against me which is a relief. I plan to re-enter Dubai but I fear that the banks put again another case against me for these old debts based on the new commercial/civil law. Is the debt finished? I don`t want to get stuck in Dubai for old loans. Kindly advise on my possible course of action going forward.

The landlord is asking for a rent increase exceeding RERA rental index. What to do?

Q: Dear sir/madam, My landlord is asking for a rent increase exceeding RERA rental index guidance, and less than 90 days from the end of the existing lease. I have stated that renewal should take place at existing rent and existing terms since renewal notice was not sent at least 90 days before the end of the current term, however, I have agreed to increase the rent as per the RERA index in good faith. However, the landlord`s agent is stating that the landlord can pull out a valuation from RERA and get a 20% increase (instead of 10% as currently asked, and 5% as per the RERA Index). What are my options?

موقف الأبناء الموجودين بالخارج إذا طلبت لجنة تقييم طالب الحضانة حضورهم

س: السلام عليكم، علمت أنه هناك إجراء جديد فيما يتعلق بالحضانة وهو أن يمر الطلب على لجنة تقييم لطالب الحضانة. أنا أب أقيم مع أطفالي خارج الإمارات منذ 4 أشهر. ليس لدي إقامة في الإمارات وغادرت بهم بنية عدم العودة. والدة الأطفال لديها إقامة في الإمارات وإقامة الأطفال على جهة عملها وباقي شهرين لانقضاء مدة انتهاء الإقامة للأطفال بسبب مكوثهم لأكثر من 6 أشهر. سؤالي: إذا رفعت دعوى حضانة، فماذا سيحدث لو أحال القاضي الدعوى للجنة الحضانة والتي تطلب حضور الأطفال وهم في الخارج؟ هل سيتم رفض الطلب أم ما الإجراء في هذه الحالة؟ وشكرًا!

بقاء الوافدة مع أبنائها في الإمارات بعد طلاقها من وافد

س: السلام عليكم، أختي مغربية متزوجة من مغربي ويقيمان بالإمارات. تريد الطلاق لأنها تتعرض للضرب والسب والشتم وتريد الطلاق مع أخذ حقوقها وحقوق أبنائها ومتابعة العيش في الإمارات من أجل أبنائها لمتابعة دراستهم. لديها 3 أطفال وهي حامل على وشك الولادة. هل يمكنها الطلاق والبقاء بالإمارات أم يتم ترحيلها؟

Can the bank file a civil case after I paid the fine in bounced cheque criminal case?

Q: Hi Lawyer, I had a criminal financial case for a cheque return from a bank credit card for 55,000 in 2020 and paid AED 5,000 fine penalty from the court to remove the case. Now the bank is contacting me regularly asking to settle an amount of AED 400,000. Can they put a case for the entire amount? or the amount which I really owe them?

الاعتراض على تنفيذ شيك مرتجع لعدم الإبلاغ

Cancelation of an employment offer letter after acceptance

The seller decides not to sell the property after signing the MOU. What to do?