Questions & Answers - Legal Advice Middle East

Can the employer make the employee pay visa charges for resigning during probation?

Q: I have a Bike Delivery Service Company. I hired a non-skilled bike delivery rider and did all his visa process. When that employee came to the UAE, he changed his mind. He wants me to cancel his visa and give him his passport back. I have already gone through all his process of visa, labor card, and medical test booking. Is he liable to pay me for all of this or am I just supposed to cancel his visa without asking for any compensation?

A debt collection agency is harassing me and my employer on behalf of the bank. Is this legal?

Q: Hi, I would like to ask if a finance company can file a civil case with the amount of less than AED 5000. Does a third party have the right to collect the money under another finance company even though the company has been closed and harass anyone even if the employer has no responsibility to them? Please advise because a lot of people are suffering mentally and psychologically due to their misbehavior and wrongdoings. Thank you

Chances to lose an appeal against your employer after winning the first instance verdict

Q: I am an employee in a Dubai mainland private company. I got a verdict in my favor for AED 145,536 that the company should pay me. But today after 21 days, I got a notice of appeal from Dubai Courts that my company filed against the verdict. What are the chances I can still win? And can they submit new evidence against me which was not submitted before? Or the court will not accept any new pieces of evidence even if they submitted and issued an appeal?

صاحب العمل يطالب الموظف بدفع الغرامات المقررة ليلغي الإقامة

س: السلام عليكم، زوجتي كان لها إقامة عمل على شركة شحن في دبي والإقامة صدرت لمدة سنتين ولا نعرف طبيعة بطاقة العمل لأنها أول مرة نحصل على إقامة عمل لأنها حديثة التخرج وأنا طالب دراسات عليا وإقامتي إقامه طالب على الجامعة ولم يسبق لنا إصدار إقامة عمل من قبل. اكتشفنا أن صاحب العمل قدّم على طلب بطاقة العمل وحينما صدرت الإقامة لم يكمل بقية الإجراءات ولم يخطرنا بذلك واكتشفنا بعد فترة انتهاء الرخصة التجارية الخاصة بالشركة ورفض صاحب العمل تجديد الرخصة. طلب منا أن نتكفل بالغرامات المقررة على الشركة بسبب عدم صدور بطاقة العمل. عندما سألنا في وزارة العمل قالوا هذه مطالبة غير قانونية ويلزم صاحب العمل أن يدفع هذه الغرامات. وحتى إذا تكفلنا نحن بدفع هذه الغرامات، فلن تصدر بطاقة العمل لأن الرخصة منتهية. الآن نريد إلغاء إقامتها من الشركة وفوجئنا أن الغرامة وصلت 2000 درهم. صاحب العمل يطالبنا بدفع الغرامة لكي يلغي الإقامة ويرفض إلغاء الإقامة إلا حينما ندفع الغرامة المقررة على شركته هو وبسبب غلطته هو. هل هناك حل لهذه المشكلة؟ جزاكم الله خيرًا!

Getting deported from the UAE while the medical checkups are good. What to do?

Q: Hi there, I got deported from the UAE for failing medical but when I reached my country, I have done several medical checkups but everything is OK; HIV negative, no hepatitis B, etc. I don`t know if there was a mistake or a misfortune for me. I am wondering if they can allow me to come back to Dubai.

A customer is not paying after delivering the service. What to do?

Q: Dear sir/madam, What is the first step if the customer is not paying after we have done our service despite the reminders we have sent?

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Is it legal to work with a company that imports sanctioned commodities?

Q: Dear Team, I have a trade legislation question. I am a resident of Georgia. Recently, I was offered a job in Dubai, in a logistics company. The company buys Russian gold from Russia, and ships it to Dubai. The question is - will I be prosecuted for working in such a company, for signing the confirmation of receiving gold? I heard that Russian gold is under sanctions now, and I am afraid of prosecution because of that.

الخروج من شركة متعثرة رغم رفض الشركاء

س: السلام عليكم، أنا مدير وشريك بنسبة ٢٠% في شركة ذات مسؤولية محدودة. الشركة متعثرة ماليًا بسبب عدم تحصيل مستحقاتها ووجود أحكام قضائية ضدها وشيكات مرتجعة. الشركاء يرفضون عزلي على الرغم من تقديم استقالتي ويرفضون إفلاسها. ما المسؤولية القانونية؟ وكيف أخرج من الشركة بدون عواقب قانونية؟

The employer is not paying the salary on time. What can the employee do?

Q: Hello Madam, My company is not paying salary on time. I have a pending of one and a half months. Whenever I ask for the salary, they do not respond to my emails and messages. Every two months only they pay me. Through the MOHRE App, the WPS section is empty. I`m not able to monitor my salaries. And I have a fear of getting all the money at the end of my service because my colleagues suffered a lot for getting payment from the company. They didn`t get paid fully. How to handle this matter? Furthermore, my employer is holding my passport too. They informed me that they will provide it in case of vacation or resignation. What to do on this matter too?

Rejecting employee's resignation and withholding his passport

Q: Dear sir/madam, Immediate resignation was rejected. The job I am doing is not in my signed contract. The amount paid is in my contract but does not match the duties given to me. I was stopped from doing what is in my contract or else to resign & go home. I have audios of phone calls being threatened by C.E.O. All this is because they have my passport in their custody, therefore, they promised that I won`t go home till I die and I have evidence of this statement. Need advice, please!

Would an employee get a ban upon termination after 3 months of visa issuance?

Q: Good morning, My employer gave me one month`s notice for termination after 3 months of visa issuance. He also abused me. He asks me to sign the cancellation paper. This is my first visa in the UAE. Kindly tell me please what I should do.

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The effect of a stopover in Saudi Arabia while there might be a case in the UAE

Q: Dear Sir/Madam, I owned an LLC company registered in Sharjah but due to financial losses. I left the UAE in June 2008 without legally closing the company. I also left my two cars at the airport and didn`t inform the banks. I was paying installments for the cars. I need to go to Turkey now for a few days and have the option to fly by Saudi airlines which will have a stopover for 3-4 hrs at Saudi airport and the second option is Qatar Airlines with a 3-4 hrs stopover at Doha airport. Just transit and connecting flight from there. If I have cases against me in the UAE and if I am blacklisted in the UAE, will it affect my going to Saudi Arabia or Qatar? Can I be stopped or arrested at Saudia or Qatar airports in relation to my situation in the UAE? Please respond and help! I also need to have a complete check of my status in the UAE as I don`t know the exact situation there and if I can go to the UAE or not.

An employer insists to serve 53 days after termination. What should the employee do?

Q: Dear sir/madam, I am currently employed in Tecom Area, Dubai. My employer tendered me a notice of termination for my employment contract within the 6 months probation period. The employer told me I need to work 53 days more after the termination notice is served. Do I have the right to insist to have my visa canceled if I find a new job after 14 days from my termination notice? How do I resolve my issue if my employer will not cancel my visa and insisted I should finish the 53 days period he provided?

Deducting the insurance amount upon resignation by the employer

Q: Hi, I worked for a company for 8 years and 4 months. I got another job opportunity and I resigned on July 13th, 2022. I served my 30 days notice period and my employer asked me to stay till 20th Aug 2022. I agreed and I followed up for the EOSB and my cancellation paper. The company did not give me till 25th Aug 2022. On 25th Aug 2022, the company asked me to get balance confirmation (outstanding payments) from my clients, which is not possible in one day. Then I filed a complaint in MOHRE. MOHRE tried to resolve the issue amicably. But the employer refused to settle. Now the case has gone to court. My Employer is asking the following things: 1. Insurance company has paid for my daughter for the last 4 years. They want to deduct that amount. 2. They want me to get one letter signed from the client stating that they will pay the company within a certain period. My next job is getting affected; the new company might not wait for this long. I might lose my next job.

The bank is going to file a criminal case upon client's job loss. What to do?

Q: Dear sir/madam, I am late with a partial EMI payment due to the loss of my job knowing that I was never late for any payments for 13 years and all my end of service was paid to the bank. Now they keep saying that since I cannot give an actual date of providing the left payment, they will take immediate action and open a police case. Why are collection teams given the right to threaten and mistreat customers and always use criminal cases immediately?

How to remove a name from the ban list while being out of the UAE?

Q: Dear sir/madam, I had never violated any UAE law, visiting UAE since 1996 and departing every time without delay. Since last year Oct 2021, my tourist visa applications were rejected every time I applied. I applied almost 4 times. The agent told me you are on the ban list. How to remove my name from the ban list while I am out of the UAE?