Questions & Answers - Legal Advice Middle East

How to claim my EOSB if I moved with the same company from the UAE to Germany?

Q: I moved from the UAE to Germany under the same company after working 7 years in service in Dubai. Before I moved, I asked for my gratuity. The company refused because it seems that the gratuity is payable on termination only, not on transfer within the same company. The company asked me to sign a letter to waiver my gratuity in exchange for "years of seniority" in Germany of the same years that I served in Dubai. Did I make a mistake when I signed that letter? Is this normal? "Years of seniority" means nothing actually.

How to settle an outstanding credit from outside the country?

Q: Hello, I have an outstanding credit to settle in Dubai. I contacted the bank and I couldn`t reach anything with them. I`m outside the country and I need a lawyer service to negotiate with the bank to reschedule the outstanding amount since I can`t afford to pay the amount on a lump-sum basis. But I`m willing to repay in installments if possible. Also, I need to know how I can do a POA from outside the country to the lawyer who will manage that case. Thanks a lot for your help!

Can the employer put a ban on me if I resign during probation to take another offer?

Q: Good morning, I have a question regarding a new offer letter, that I received in March 2022 (after the new labor law has come into effect in February 2022). I have joined a new company and the offer letter states it is an UNLIMITED contract, although I understand that this type of contract does not exist anymore under the new labor law. So in case of resignation during the probation period, and in general, does the new labor law apply or the contract that I signed? Also, do I get a labor ban when I resign during the probation period (my position is Sales Executive)? Thank you

The cost of creating the terms and the privacy policy for an e-commerce business

Q: Dear sir/madam, I need to create terms and conditions and a privacy policy for my e-commerce business in Dubai. How much would that cost?

Can I file a case to let the landlord return my security deposit after end of rent?

Q: I was staying in a rented apartment in Sharjah. Even after 1 month, I am not able to get my refundable deposit, though I got clearance from SEWA. Please suggest if there is a way to file a case or a complaint.

Will you be arrested if you enter Dubai and have a bounced cheque under the new law?

Q: With the new UAE cheque decriminalization law, does it mean if I come to the Dubai airport I will not be arrested but instead will be asked to go to the police station or court to personally pay the fine?

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How can I remove the travel ban imposed in a criminal case?

Q: I have a criminal case of doing nothing, just because of using the same locker. Police called me to inquire and now when I want to travel to India, it`s showing me there`s a travel ban. How can I remove that? Please let me know the process of removing the travel ban because I do have to go for a medical check-up every six months.

How to renew the license of a company if one of the owner's heirs refuse to give a POA?

Q: One of my friends is a company - FZE - died in Dubai. The Court issued its decision defining the legal heirs. My friend is the manager on the license. Out of 4 legal heirs, only 3 have issued a POA to him to renew the trade license and reactivate the bank account, but one legal heir is refusing to issue a POA. As a result, the company is suffering. What are the options/legal remedies available for my friend in this situation? Please advise.

حقوق العامل عند فصله قبل اكتمال مدة العقد بسبب رفضه زيادة ساعات العمل

س: السلام عليكم، أعمل في شركة في دبي منذ سنة و8 أشهر من تاريخ 22/11 إلى الآن. صاحب العمل فصلني قبل اكتمال مدة العقد لأنه طلب مني العمل لساعات أكثر وفي أيام إجازتي ولكني رفضت. ما حقوقي؟

التعويض في حالة إنهاء العقد رغم وجود بند يتيح للطرفين إنهاء العقد بدون سبب مع الإخطار

س: السلام عليكم، في حال وجود عقد عمل مُحدد بمدة معينة وهنالك مادة معينة ضمن العقد تتيح للطرفين إنهاء العقد بدون سبب على أن يتم إشعار الطرف الآخر خلال 30 يومًا، هل هذا يعني أن العقد سينتهي وأن الطرف الأول في حال هو مَن أنهى العقد لا يُعوِّض الطرف الثاني عن بقية العقد؟ مع الاحترام!

هل يُعمَّم الإبعاد الأمني في جميع دول الخليج؟

س: السلام عليكم، سبب الإبعاد أمني من الإمارات ٢٠١٨ ولا أعرف السبب. هل يُعمَّم في الخليج؟ أُبلغت شفهيًا بمغادرة الدولة وتم أخذ بصمة العين في الجوازات ولا توجد أي أحكام أو قضايا أو أي دعاوى إطلاقًا.

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What can you do when you get a favorable judgment against a company that has no assets?

Q: Hello, I have a commercial case against a company in Dubai and the Dubai Court gave a decision to the company to pay me back AED 350K, but the owner removed all the assets of the company. Is there any way that I can raise a complaint against him and make him pay for his company? He has a serial fraudster and I know a couple of people from whom he took money to deliver goods that never were delivered. Thanks for your help.

How to claim back a down payment for a car I purchased and didn't pass RTA test?

Q: Hi This is related to a used car purchase. I have given an advance for a used car through the bank & the car failed in RTA passing. The seller says he will do repair & pass RTA. I said I don`t want the car and to return the advance. Now he is refusing to pay back the money. How can I return back the money? I have all Whatsapp chats with the seller.

How can a freelance tour guide claim the pending dues from a travel agency?

Q: Dear sir/madam, I was a licensed tour guide in Dubai from 2019 until the beginning of 2020. I was working as a freelance tour guide and was pregnant, then the pandemic hit. The travel agency I work with did not pay me. They always promise to make their payment but did not happen. I kept my follow-up until now. This travel agency is still running and had a good business run when Expo 2020 opened and Dubai is open for tourists. Until now they are not paying what they owe. What shall I do?

Renewing the lease after landlord's failure to provide 90 days prior notice

Q: Hello, The landlord sent me an e-mail less than 90 days before our rent period ends (around 83 days) that he is not interested in renewal as he wants to move in himself. Our contract states that he has to give me 90-day notice if he is not interested in renewal. What are my options and what would be the worst-case scenario? I believe I have the right to stay on the property and wait for him to give me 12 months` notice now instead as the renewal should still be in force as he did not give me notice 90 days prior. Or would it be the case that "he only missed it by a few days" and I still would not be able to get it renewed? He has told me that he expects keys 90 days from the date he gave me notice and would not be willing to renew the contract.

إمكانية التراجع عن تسوية الطلاق بعد توقيعها عند الموجه الأسري

س: مرحبًا، اتفقت أنا وزوجتي على الطلاق الودي بالتراضي مع تنازلها عن جميع حقوقها بعد الطلاق شاملاً النفقة والمسكن، على أن تكون نفقة الأولاد واجبي، إلا مصاريف المدارس اتفقنا على أن تكون مشتركة بيننا. سوف نذهب غدًا إن شاء الله للتوجيه الأسري، هل يمكن هذا الاتفاق (التسوية)؟ وبعد صياغة التسوية وتوقيعها عند الموجه الأسري، هل يحق لها التراجع عنها أو تغييرها دون علمي؟