Questions & Answers - Legal Advice Middle East

Can I file a criminal case for adultery against my husband without filing divorce?

Q: My friend is a Muslim Indian woman. She has 3 kids. She discovered that her husband is having an affair with another woman and he is not willing to stop this relationship. Now he left his house for one week and has not taken care of them. We want to file a criminal case against my husband and that woman. We don`t want to file for divorce. I have pictures of my husband with that woman, close pictures, and some messages. What will the consequence of a criminal case for adultery be as per the new law of the UAE? If I file a criminal case, is there any chance to waive the complaint if my husband stops that relationship with that lady? Please help me!

المطالبة بالتعويض عن تأخُّر صاحب العمل في تسليم المستحقات

س: السلام عليكم، هل يمكنني المطالبة بالتعويض عن تأخر صاحب العمل في تسليمي مستحقاتي والتعنُّت وتأخير الإلغاء وأي تقصير آخر، وذلك في نفس الدعوى العمالية المتعلقة بالمستحقات؟

استخدام صورة لفتاة في حملات إعلانية بدون إذنها

س: السلام عليكم، اتفقت مع أحد المصورين على التقاط صور لفتاة (موديل) أثناء عمل أحد العاملين بمجال التجميل لعرضها على أحد منصات التواصل الاجتماعي لتُفاجَأ صاحبة الصورة باستخدام صورها في إعلانات لمنتج وعرضها في عدة مراكز تسويق وفي حملات إعلانية بدون الحصول على إذنها. ما الإجراء القانوني الواجب اتخاذه؟ وهل يحق لصاحبة الصورة المطالبة بالتعويض عن هذا الاستغلال؟

How to know if I have a ban for resigning before finishing probation to return to the UAE

Q: Hi Mr. Younis, Hope you doing good. I see a lot of amazing replies from you where you give a clear picture of what needs to be done next. I would like to thank you for this support. In my case, I am working with a private company called [----]. I have to leave the country and go back to my hometown due to an emergency on an immediate basis. I have not finished my probation period and the contract is limited. I have completed 5 months with the company. Will I get banned? Please help.

How can I change my job if my current company holds passports of employees after resignation?

Q: Please someone help me. I`m working in one company in Dubai as a cleaner I have completed 1 and half years of 3 years visa. Now I want to switch jobs inside the UAE but the problem is if I give my resignation with a notice period of 30 days, the company will stop me from duty after 30 days but will not give me my passport for 1 or 2 months after (notice period). Everyone working in this company is facing the same problem. I don`t know what to do And. Another thing is if resign and take the passport from the company. I want to leave the UAE or take a visit visa inside the UAE and search for a job. Please someone guide me.

What is the termination notice period in freelancer agreements accordingly to the UAE Law?

Q: In freelancer agreements, what is the termination notice period accordingly to the UAE Law? And which law is applicable if it is not the employment/labor law?

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إمكانية إسقاط الإبعاد بعد مضي 9 سنوات

س: السلام عليكم، لدي إبعاد قضائي في تهمة تعاطي مؤثرات عقلية بدون حيازة. صدر ضدي حكم سنة وإبعاد. مع العلم أنه مضت ٩ سنوات على إبعادي. هل لي الحق في إسقاط الإبعاد؟

What are the implications of resignation on the employee who just signed a contract?

Q: Hi Miss Rajasree, I am Electrical Engineer, MBA - Canada, and have dual nationality. Pakistani and Canadian. I am working with a company in Dubai. I worked with this company for the last four years and had two times 02-year residence visas issued from this company now again just a few days back this company stamped my residence visa for the next two years. Based on the insulting working environment at this company. My question is can I leave this company immediately or not, or is there any time frame I can leave this company? Will there be any ban if I leave this company now and start looking for a new job or found a new job or if this company fires me now? Will there be any ban on me before I get another job? I will wait for your kind advice in this regard. I appreciate it.

My previous employer failed to pay my gratuity. Can I file a case 6 months after resignation?

Q: My previous employer failed to pay my gratuity six months past now since I resigned, Is it possible to file a case against him after a 6 months period?

How to remove a ban to return to the UAE?

Q: Hi, Actually, on 22.10.2020, the Ajman government deported me for 1 year. They said this is just for Corona and after 1 year, you can come, but they rejected when I applied for a visit visa. Please solve my problem. I am in big trouble. I don`t have any job. I am in Pakistan with 2 kids. They were born in the UAE since 2006. Kindly solve my problem!

How to defend myself if someone bounced my cheque more than the debt amount?

Q: How to defend myself if someone bounced my cheque for more than the amount I borrowed and I have paid also triple the amount? Because he is charging an interest of 20% monthly, I`m not able to finish it and every day he is harassing me that he will deposit my blank cheque for more than AED 200,000. What is the recourse I can pay in a civil case?

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هل يلزم دفع مبلغ تأمين عند تسجيل استئناف عمالي؟

س: السلام عليكم، قضية عمالية جزئية مبلغ المطالبة فيها 70.000 درهم وتم عمل استئناف من جانب العامل. هل عند تسجيل استئناف عمالي يكون هناك مبلغ 1000 درهم تأمين أم لا؟ حيث أن المبلغ المُطالَب به هو 70000 درهم؛ وهو مبلغ أعلى من النصاب الانتهائي للمحكمة.

Removing a ban issued due to TB scars while they do not exist

Q: Dear sir/madam, I have applied for a maid visa for my maid 1.5 years ago and it got rejected mentioning that she has scars on her lungs and she will be banned. Then we got her checked in India and all the doctors mentioned that she is not having TB; neither active nor sleeping. Please let me know if it is possible to get her ban removed and how much will it cost?

The application of a judgment issued in the UK against a person residing in the UAE

Q: Dear sir/madam, My partner is a UK citizen and lives in the UK. Her ex-husband has a South African passport but lives and works in Dubai. He signed a consent order through the UK courts as part of the divorce. However, he decided in January that he no longer wants to pay the maintenance due under the consent order or fulfil any other of his obligations under the order. A UK court is reviewing the case and will be issuing judgements. Questions: He has no UK bank accounts and his employer is in Dubai. The judgements will likely be garnishment of funds at source and garnishment of bank accounts. It is likely under UK law that an arrest order may also be issued for him if he returns to the UK. Will these judgements be honoured by a Dubai court if they have been issued by a UK court? Also, if these orders are issued by a UK court, how would the UAE Immigration department view this situation if they were advised that he has orders such as these issued against him in the UK? Thank you!

Transferring the amount of a payment voucher to the winner of an execution case

Q: Dear All, The payment voucher is signed in an execution case. I didn`t receive the amount in my account. Should I go and collect the cheque or the court will do an online transfer to my account? I have already shared my account number with the court. Regards,

Someone opened a home internet connection on my name and Du is chasing me

Q: Hi, Someone opened a home internet connection in my name using my documents in a place I have never stayed in, in November 2018. In September 2019, the Du recovery team contacted me to settle the unpaid amount of AED 1499. I went to Du`s office and registered a complaint. The contract they provided is not signed by me, nor the phone number or email address mentioned on the contract is mine. I registered a complaint with TDRA and they provided me with all papers. With these papers, I registered a case with SPS, and later the case was registered in Bur Dubai police station. I got the case number and sent it to Du. Since then things have not moved forward. Du recovery keeps calling me. What should be done? I do not wish to have any travel ban.