Questions & Answers - Legal Advice Middle East

Filing for divorce by children due to continuous arguments between parents

Q: Hello, I was wondering is it possible for my parents to get a divorce if I (21 years) daughter filed a report against them? They have previously split up in 2019 and went to the family guidance (the report was regarding my father`s physical abuse and cheating on my mother). My dad can’t physically abuse my mom anymore due to court rules but he has been doing it mentally & verbally almost every day now, during daylight and literally after 12 am; it doesn’t matter with him. I started recording some of their arguments when it was clear in June but sometimes it’s not possible so I listen through my AirPods live feature in case I have to step up. He would argue over stupid things like why she won’t go out or accuse her of cheating or money issues, etc. They don’t get along and there is hate in between everything. My siblings and I want them to get divorced; 3 of us are 18+ while the other two are 10 & 15. I want them to divorce or stop my dad from living with us. We are exhausted. What can I do?

Annual leave salary calculation as per the new labor law

Q: Dear sir/madam, Annual leave salary calculation as per the new labor law. Can you please clarify the correct annual leave salary rules? Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get. Can you please clarify? Thanks for your valuable time and kind assistance!

Filing a complaint against a shipping company due to delivery delay

Q: Greetings, I sent a shipment of around 40k of value to France from Dubai on the 25th of August. During the communication with the shipping company, I was informed that it will take 6-7 days. It is the 7th of September today and until now they are unable to give me an update on where my shipment is. Moreover, this delay has cost me extra money on having to postpone the ticket of the receiver in France and his extra stay expenses. Is there any official complaint, or any actions that I can take against such an unprofessional company? Appreciate your reply!

Assistance with clearing a police case and lifting a travel ban in the UAE

Q: Good day! I have rental disputes and got a settlement plan 8 months ago. But I did not pay the settlement because at the moment of applying for the settlement plan, I had a job offer and lost it because of the travel ban and the visa could not be processed. I have another personal police case where I already paid an amount of 18,000 and the claim was 40,000 dirhams. Now that I did not continue paying, the plaintiff put the case again. I have another offer letter now and I want to get a clearance certificate within 48 hrs, or else I might lose this job as well. Kindly advise

Will an employee visa still be valid when the company trade license is not renewed?

Q: Dear sir/madam, My employer’s trade license is getting expired very soon and he just made me a visa, so will my visa still be valid when the company trade license is not renewed?

The supplier is not delivering the service after payment. What to do?

Q: Dear sir/madam, Our supplier has taken money, and we have proof. He is not delivering for 6 months. Can we put a travel ban on him?

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ماذا يحدث في حالة تقديم شيك للبنك وارتجاعه؟

س: السلام عليكم، ما الذي يحدث في حال تقديم شيك للبنك وارتجاعه بسبب عدم وجود الرصيد؟ هل يُفتَح بلاغ في النيابة أم أن هنالك طريقة أخرى؟ وبعد فتح البلاغ، ما الإجراءات التي تتم؟

The consequences of leaving a job due to salary non-payment

Q: Greetings, I am a civil engineer. I got my first visa stamp in Dubai in April 2022 and my visa expires on April 2024. My employer is not paying me a salary for the past 5 months of my Joining. I want to quit my job and find a new one. As it is my first engineer visa stamping, will there be any ban imposed on me? I did not raise any complaint to the labor court. Should I raise a complaint? Please help me out!

How to settle with a bank after the issuance of an absentia judgment?

Q: Dear sir/madam, I have a personal bank loan from a bank in Dubai and I paid for almost 3 years properly. After that, my income of salary is now very less. I stopped my installment. The bank first filed a criminal case and I paid the court fine. Now they have given a civil case and the court made execution. It is an absentia judgment. Now I have a travel ban and an arrest warrant they have given for 505000 AED but my actual balance (without interest ) is only 220000. How can I settle with the bank and how much they will accept to settle? Please advise! Thanks!

Applying for a new visa while there is a criminal case

Q: Dear sir/madam, I got a criminal case and a travel ban due to driving without a driving license. The case is already in Dubai prosecution and the status is under investigation. Now my question is: Can I apply for a new visit or employment visa as my current visa is going to expire in a week? Thanks!

رفع إيصال دفع أمانة الخبرة لملف قضية بمحكمة عجمان

س: السلام عليكم، أحاول رفع إيصال دفع أمانة الخبرة لملف القضية بمحكمة عجمان ولكن أقابل بخطأ: "لا يمكن تحميل وثيقة في هذه المرحلة قبل عقد الجلسة". مع العلم أن الطرف الآخر استطاع رفع الإيصال اليوم أيضًا، وهذا الخطأ مستمر من الصباح الباكر وحتى الآن. هل يمكن المساعدة رجاءً؟

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Ex-employees are joining a competitor. What can the company do?

Q: Good afternoon, Can you help me? I have a few employees who signed a trade of restraint/non-compete with our company and now left to work for a direct competitor which is in direct conflict with the contract they signed with our company. What can I do as they now try to take my clients with them?

فتح قضية أمر أداء لشيكات مرتجعة لحساب مغلق أو توقيع غير مطابق

س: السلام عليكم، هل يمكن فتح قضية أمر أداء لشيكات مرتجعة لحساب مغلق أو توقيع غير مطابق؟

Working as a teacher and running an online business at the same time

Q: Dear sir/madam, I am a teacher in Dubai under my husband`s sponsorship. I have a salary account in Dubai Islamic Bank. I need to know the legal requirements for starting an online e-commerce business for which I will need to register a company. Can I work as a teacher and run my online business as well? I want to go with the laws.

A manager rejects the resignation of an employee. What can he do?

Q: Dear sir/madam, I received an offer letter from another company and the same day I forwarded my resignation letter. My manager went on emergency leave, hence I sent my letter by email. 20 days have passed and he still did not acknowledge my email. When he came back, he was furious with me for submitting it and adamantly rejected my letter. He even said that I can go to labor for all he cares. Can you please enlighten me on how I am going to proceed? He does not want to talk to me in a civilized manner. Appreciate your advice. Thank you!

How to still renting an apartment while the landlord sends a notice for evacuation?

Q: Dears, I am living in an apartment in Palm Jumeirah. The average price is around 250,000AED, I have rented it for 2 years at 140,000 (this year I renewed at 147,000 AED). At renewal, it was clear that the landlord is very frustrated that I`m renting it lower than the market average. So, as expected, she sent a legal (from the court) notice asking me to free the apartment at the end of this year, which is 12 months from now, August 2023. In the notice, she says that she wants to sell the apartment, but I`m 100% sure she just wants to get me out and rent it again at a higher price. I am very much interested to stay in the apartment for 1 more year; until early 2024, or to renew for 1 more year, but as per the notice, we need to leave by Aug 2023. I am willing to go to court if there is anything I can do. Thank you very much!