Questions & Answers - Legal Advice Middle East

Filing a labor case after leaving the UAE

Q: Greetings, Can I file a labor case after I exit the UAE? If so, how long can I wait until I engage a lawyer and file the case? (I have a labor department letter for labor court which requires me to file the case within 14 days, however, I am not able to file the case soon and I have to travel home country urgently). Thank you!

Can the employer prevent the employee from resigning and hold his passport?

Q: Dear Sir, I`ve been working in a trading company under an unlimited contract for the last 10 months. My contract which we both signed clearly mentioned that there will be 1 month notice period when I give my resignation. I got a better job offer and now my employer is telling me that I can`t step out of the premises without completing 2 months notice period and he is holding my passport too. Could you please suggest to me what I can do?

إسقاط حضانة الأم بسبب منعها لابنتها من التواصل مع أبيها

س: السلام عليكم، لدي استشارة أرجو الرد. طلقت زوجتي عن طريق المحكمة بعد أن رفعت دعوى طلاق وبعد فترة تم الطلاق. لدي بنت كانت عمرها ٥ سنوات والمحكمة أعطت الحضانة للأم. رجعت من الإمارات لموطني الأصلي وتزوجت وهاجرت مع زوجتي إلى بريطانيا. الآن بنتي عمرها ٨ سنوات وطليقتي طوال الـ ٣ سنوات تحرمني من البنت حتى لا تسمح لي بالتواصل معها عبر الموبايل إلا كل ٥ أو ٦ أشهر عن طريق المحادثة بعد عذاب وحاليًا غيرت رقم هاتفها وقالت لأختي عندما حاولت أن تتحدث معها أن وجودي في حياتهم غير مريح لهم وسوف تحرمني من التواصل مع البنت ولا تريدني في حياه البنت وأنها ستمنع أي تواصل معي. حدث هذا بعدما رزقني ربي بمولود من زوجتي الأخرى وأنا لدي حكم من المحكمة لحظة الطلاق أن أتكلم مع بنتي في أي وقت وأن أراها في أي وقت. هل كل هذه التصرفات تسمح لي بأن أنقل حضانة بنتي وآخذها تعيش معي في بريطانيا؟ مع العلم الآن عمرها ٨ سنوات.

How can I file a case and claim maintenance from my husband after discovering an affair?

Q: Good morning, My husband and I got married 5 years ago in the UK. During Covid, he got a job in Bahrain and left me behind with a little baby. I’ve moved back to my parents in Poland and we were supposed to be reunited after my baby gets her passport. In the meantime, he had an affair with a local lady for 8 months which I wasn`t aware of. After one year, he moved to Dubai when I finally managed to be reunited with him on a tourist visa. My husband was supposed to organize everything through his company but he failed to do so. While in Dubai, I found out about his affair. I wanted to leave but he started to use physical and mental violence against me and my daughter. In the meantime, he started another secret relationship which again I found out about. I had to leave Dubai as my visa was finished. Now we are still married and my husband made his relationship public on social media. He doesn’t support me and my baby financially. Can I file a case against him? I’m currently in Poland.

Guidance on obtaining refund from a developer who forged my signature

Q: Hello everyone, I bought an off-plan unit from a developer around Feb. 2018. They promised to deliver by March 2019, but they kept on postponing. Along the way, they asked me to sign the SPA. I said I won`t and requested them to refund me my payments. At one point, they agreed and later they said no. I have all these correspondences on email. Finally, the developer forged my signature and signed the SPA by themselves and registered it with DLD, and processed the cancellation. When I visited DLD, I have been shown a SPA signed under my name on May 13, 2021. The signature was done fraudulently because I did not sign it. I made a payment of more than AED 130K. I would appreciate your guidance.

My husband put a divorce case against me in Dubai courts. What should I do?

Q: My husband put a divorce case against me. I got the call from Dubai courts. What should I do?

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إقامة دعوى نفقة ضد طليق مقيم في الإمارات من الخارج

س: السلام عليكم، أريد رفع قضية نفقة على طليقي الذي يعمل بالإمارات وأنا خارج الإمارات. ما الإجراءات اللازمة؟

Can I object to the landlord's eviction notice for personal use because he sold the property?

Q: My landlord served me a 1-year eviction notice stating to vacate the property for personal use. But he sold the property last month without even notifying me. Now, the new owner contacted me and reminded me to vacate the property as per the old landlord`s eviction notice. Do I really need to vacate the property? Or do I stand a chance to object to the validity of the eviction notice on grounds that the eviction notice was served stating personal use but in reality, the landlord had sold it?

Providing an employee with a repatriation ticket by the company upon resignation?

Q: Good day! I am writing to get advice on behalf of one of my junior employees. He has resigned from the company after working here for 8 years during which the company has provided him with a ticket back home once during his vacation. Right now, he is willing to go back home and the company is refusing to provide him the ticket (based on the reason that he resigned and was not terminated), and refusing to include "unused" ticket allowances as well based on "he did not use them on time". Please let me know if they are legally obliged to provide him with the ticket and if yes, how can I help him to get it?

Should I file a criminal or civil case against forgery and fraud?

Q: I saw a news article that mentioned - the forgery of a tenancy contract (EJARI) is a criminal offense as it is a government document. I have a business contract with an individual who was required to disclose the use of my investment. As part of the disclosure, he shared with me forged Ejari documents. Therefore, I believe he has not only committed forgery but also committed fraud/cheating. Can I file a criminal complaint? Or is my relief only in civil court?

هل ذكر العمولة في عرض العمل فقط دون العقد يثبت الحقوق والالتزامات؟

س: السلام عليكم، أنا صاحب شركة أصدرت خطابًا أو عرض عمل ذكرت به نسبة مبيعات، ولكن عند توقيع عقد العمل لم أذكر النسبة في العقد. هل هناك قوة لعرض العمل أم عقد العمل هو ما يُثبت الحقوق والالتزامات؟

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Will I get arrested in other countries if I have an unsettled credit card in the UAE?

Q: I have an unsettled credit card in the UAE, and due to the pandemic, I have been unemployed for a long period of time. My unsettled amount was still counting and ballooned because of the interest. It is approximately 20k plus now. My question is, am I banned from traveling or will I be stopped in other countries because of this debt?

How to claim an invoice from a client living in Dubai from abroad?

Q: I am from Canada and have a client in Dubai who owes me CAD 12,000 for over 6 months and is no longer answering emails. I have video recordings and emails admitting to her debt and promising to pay. What are my options here? Thank you!

Returning to the UAE while a WiFi invoice is unpaid

Q: Dear sir/madam, I left the UAE 2 years ago. I didn`t stop my Etisalat WiFi connection. In this situation, may I have a ban from traveling again to the UAE?

Holding family visa when changing job to a different Emirate

Q: Dear sir/madam, Can I hold my family visa if I change my job to a different Emirate?

Claiming the EoSB and pending salaries while the visa is canceled

Q: Hi, Good day! I have been working with a company for 24 years and a half. Then I resigned because I did not receive a salary for almost 1 year. They have already canceled my visa but when I asked about my gratuity payment and pending salaries, my manager told me that I can get it within a month or two and that if I still didn`t receive it, just told me that they will contact me if ever the cheque is ready. My question is: Do I still have a chance to get my entitlement such as a guarantee of receiving my gratuity, and pending salaries despite my visa being already canceled? Thank you and have a nice day!