Questions & Answers - Legal Advice Middle East

Is it possible to claim back an amount paid to immigration agency without any progress?

Q: It has been two years that I`ve applied to Poland and the agency promised us that they will give us visa. Until now, we are waiting and tried to pull out my application and request for a refund even for 50%, but the company was not willing to do the refund. Is there any way that I can take make money back? I paid AED 12,600 last 2019.

How to remove an absconding case by my employer who keeps my passport to get money?

Q: How am I supposed to remove an absconding case from my employer since he asked for money to give me my passport back?

The buyer issued deposit cheques but could not conclude the deal

Q: Dear sir, I received deposit cheques for the amount of AED 324,000/- and AED 34000/- as deposits for the sale of my villa in Dubai. The buyer could not conclude the deal in the stipulated time. We, therefore, presented the cheques. The bank gave a letter certifying that the cheques were issued from a closed bank account. We have registered a police complaint on the Dubai Police app last week. I have read on various websites that issuing cheques and closing that account is a criminal offense. Is that accurate? Hence, is filing a police complaint sufficient? Or is there anything else that we need to do in parallel? What will happen now? It has been a week since we lodged the complaint and haven’t heard back.

My friend was falsely accused at the police station by a man he doesn't know

Q: My friend was falsely accused at the police station of not paying back the money he owed, but my friend didn`t know the man who said he owed him the money. The man lost contact with the police after he went to the police station. The police can`t contact him now. My friend also has no way to leave Dubai because of this case. How can my friend leave Dubai now?

المطالبة بالراتب الأخير بعد الاستقالة عند عدم وجود عقد موثَّق

س: السلام عليكم، عملت في إحدى مجموعات الصيدليات الخاصة في دبي على إقامة زوجي. عند بداية العمل، وقّعت على عرض عمل ثم خطاب توظيف وقدمت عدم ممانعة عمل من زوجي ودفعت رسوم تسجيل ترخيصي الطبي وتم تفعيل الترخيص. الآن بعد ٨ أشهر قدمت استقالتي ولم يُودَع آخر راتب. عند التحدُّث لوزارة العمل، علمت أن الراتب الأخير من حقي في خلال ١٤ يومًا من آخر يوم، لكني علمت أنه لا يوجد عقد موثّق برقم جوازي بالعمل والعمال.

How to recover money lent to a colleague with just voice messages as proof?

Q: I lent AED 4000 to a colleague of mine. He didn`t return them. I also have information that he borrowed from other people but didn`t return as well. As proof, I have voice messages of him saying how much money he owes me and I have his passport and Emirates ID. What is the procedure I should take and how much money will it cost? Thank you very much.

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Possible consequences for leaving the country without informing the employer

Q: Hello, I used to work in the UAE for about 7 years until Jan 2021. Because of COVID 19, I left the country without Informing my employer. Is it possible my employer can ban me for this?

How can you come back to the UAE without trouble if you left with a pending loan?

Q: I would like to ask about the situation of my friend. He got a loan in the UAE and because of the Covid, he lost his job. He went back to the Philippines and now he wants to come back to Dubai to get a chance to pay his loan. What steps does he need to do so he can come to the UAE without getting in trouble?

How can an investor contact people for business opportunities in the UAE

Q: Hi, I would like to know please how can a new company looking for investment legally approach individuals to do so? (i.e. individuals who are not friends or family). Is it legal to post something on social media for example?

What is the required notice period for the landlord to evict the tenant?

Q: I recently purchased a property in Springs which is rented till September. I need legal advice on the procedure to send an eviction notice to my tenant as I need to occupy the property for personal use. As far as I read in the RERA legislation Page 108-110, Article (25) - Section - 2, if the landlord wants to occupy the property for personal use, 90 days notice is sufficient. But the tenant insists to have a 12-month notice. What are my options and is it possible to send a legal notice to the tenant to vacate the premises at the end of the rent contract? Kindly advise

How to prove the bad smell and force the building maintenance to fix it

Q: Hello, Just need to clarify this. We are facing a serious (really horrible) drainage smell from the kitchen (sometimes we are unable to cook food due to the horrible smell) but unfortunately we can`t give proof, pic... etc. on this case. The stinking smell is not consistent or regular but somedays morning or other days at night. The building maintenance clearly knows the issue but they are not able to do anything and management is not taking any action. The owner`s office wont allow tenant`s to contact the owner. Kindly advise and help.

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Can you enter the UAE again in case you were banned for a communicable disease?

Q: I was banned from entering Dubai because of HIV. Is it possible to come back? Also, I want to know if it`s a lifetime ban.

How to evict an employee from company accommodation after a labour case

Q: Hi, There is a Dubai court case judgement for salary issued in favour of the employee in a labour dispute. Does the employee have the right to stay in the company rented accommodation even though it`s not mentioned in the labour contract that accommodation will be provided? Does the company have the right to evict him? What is the procedure?

An equal partner is being maltreated by other partners. What to do?

Q: Hello sir/madam, Perhaps you can help me! I am an equal partner in an LLC company. There are in total 3 partners. All of us are equal on the MOE (we are all managers). While I was away on a vacation, the partners got together to try to push me out. They have done this by trying to make my life an uncomfortable nightmare in the office, blocking my work, started hiding emails, and instructing an employee of ours to do the same. They also fired our accountant and moved our 4 years of books to a new accountant, who I`ve been told by them is "cleaning up". For 5 months, I`ve been getting excuses on why I have not been given access codes to see the new books or bank statements, etc. I`m locked out of various platforms. I am very worried now as I`m also responsible for what they do. They cannot buy my shares and I am concerned that they are scheming a way to get rid of me in another way. Can they shut down and open again for instance? What can you suggest about my rights here? Thank you!

Terminating an employee's contract due to establishing a competing company

Q: Dear sir/madam, We have an employee who has set up a conflicting company where his wife is a partner. We have seen that our sales have dropped in the last few months drastically. I want to understand if we can terminate this employee considering he has cheated the organization and also are we required to pay him his end of service and pending salary?

متى يسقط الحق في المطالبة بقيد دعوى للتعويض عن أضرار مادية وأدبية؟

س: السلام عليكم، متى يسقط الحق في المطالبة بقيد دعوى للمطالبة بالتعويض عن أضرار مادية وأدبية؟ هل يسقط الحق في التقدُّم بطلب لالتماس إعادة النظر في دعوى صدر الحكم فيها منذ ستة أعوام على الرغم من توافر، حاليًا، شرط من الشروط التي يطلبها القانون للتقدُّم بطلب لإعادة النظر؟