Questions & Answers - Legal Advice Middle East

Can the employee cancel the visa while waiting a labor judgment of the supreme court?

Q: I filed a case against my employer in Apr-21 against arbitrary dismissal by them. I won the case in First Court and Second Court. Even the report from an expert appointed by the court was in my favor. I filed for execution which was appealed by my employer, but they lost the appeal as well. In Jul-21, I obtained NOC from the court to work elsewhere (my wife’s company) and got 1-year Temporary Work Permit to work during this time. The employer has further appealed to the Supreme Court in Apr-22. My questions are: 1. My visa is expiring in Jun-22 and I want to travel in Jul-22. I`m afraid the judgment may not come until then. I want to cancel my current visa and obtain another visa (under my wife`s sponsorship as she holds the golden visa). What is the procedure for cancellation, and will it have any adverse impact on my case or new visa application? 2. Will the employer be liable to pay the Execution Order amount as they have lost the appeal. Thank you, Sir.

The new inheritance law in the UAE

Q: Dear sir/madam, What is the new inheritance law here in the UAE? And what are the required documents to open an inheritance case?

Cancelation of a rental contract due to breaching the obligations

Q: Dear sir/madam, We rented a serviced and furnished apartment via a real estate agent and paid the 5% agency fee. We paid the deposit to the landlord and one rental check. Our contract is for one year, paid in two checks. The real estate agent agreed on a deep cleaning before we move in. We moved into the apartment on April 10. When we moved into the apartment, we noticed that the wall skirting panels were broken, none of the doors close properly, the drainage of the dishwasher is broken, the couch and carpets have large stains, some tiles are broken, and the walls are dirty. The apartment is serviced and comes with utensils and kitchen supplies. Some kitchen supplies and utensils are broken or incomplete. The landlord doesn`t answer our requests to have all fixed, replaced, and liveable. After five days of fighting and trying to get a hold of the landlord and get the real estate agent to do something to assist us, we are done. Can we move out and request our deposit, rental check, and agency fee back?

Company's appeal to a labor judgment to pay only a part of the claim

Q: Dear sir/madam, I filed a case against my employer. I got my judgment but the problem is the company`s appeal. So what my employer wants is, that they will pay only the EOSB that I signed with the company and not the judgment amount. Does the employer have the right to pay only the EOSB that I signed even though I waited for almost 5 months and still not paid? Does the employer have the right to pay me in an installment payment? Thank you!

Res judicata issue for claiming the rest of unclaimed debt with a new case

Q: I gave a loan of AED 200,000 to a person. He gave me a letter acknowledging that he received 200,000 from me. Later on, he gave me cheques for 100,000 and a letter stating that this was partial payment of a loan. The cheques bounced. I made a court case and submitted the cheques and acknowledgment of partial payment. I did not submit the letter acknowledging that the debtor received AED 200,000 from me. I won a verdict for the 100,000 AED. Later on, I started a court case for the remainder of AED 100,000. I submitted the letter acknowledging that the debtor received AED 200,000 from me. I explained that I had already won the case for the first 100,000 and this was a lawsuit for the remainder of 100,000. I won the First Instance and the Appeal judgment. Suddenly, the case was rejected by the Cassation Court. They wrote that my case for the second payment of AED 100,000 was a repeat of the first case of AED 100,000 and had already been judged What can I do in such a circumstance?

Are you eligible for any dues if the company terminates you for long absence?

Q: Dear Sir, Please advise me. If the company terminated me, am I eligible for the gratuity? I went on emergency leave for 15 days on 17 December because my father was sick. After that, he expired on 07 January. I came back on 4th April. I overstayed 75 days. Even I informed my line manager 2 times on 31 December and 19 January. Now the company terminated me and took my signature on termination later and the company doesn`t accept to give my gratuity.

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Getting arrested when having a transit flight via Dubai due to an outstanding loan

Q: Hi, I left the UAE in 2016 with an outstanding personal loan and a few credit cards totaling 150000 AED. Will I be arrested at the airport if I take a transit flight via Dubai or Qatar?

Returning to the UAE while there is a rent case

Q: Dear sir/madam, I have a rent case in Dubai but I was in India due to Corona and now I want to come back. Do I get arrested at the airport?

Traveling to the UK through a transit at Dubai Airport while there is a travel ban

Q: Dear sir/madam, I am in Srilanka. I have a travel ban in the UAE. I want to go to the UK through a connection at Dubai Airport. Is there any problem traveling via Dubai to the UK?

تنفيذ حكم عمالي على الشركاء حسب حصصهم في رأس المال

س: السلام عليكم، لدي ملف تنفيذ عمالي. هل أستطيع التنفيذ على حصة الشركاء في رأسمال الشركة وإلزامهم بسداد المديونية حسب حصصهم؟

How can we have the outsourced visas of our employees transferred to our company?

Q: Dear Sir, We are Dubai LLC company where we have outsourced the visas for our employees to an outsourcing company. But now we want to bring all our employees (around 200) under our visa. Can we transfer and continue the gratuity of all the employees under our visa legally through an undertaking from the employees while they continue to work with us?

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The period allowed for a respondent to register an appeal to a performance order

Q: Dear sir/madam, What is the period allowed for a respondent to register a grievance or an appeal to a performance order decision of 15 Million AED? Is it 15 days from receipt of notice of performance order decision? Or 30 days? I heard that some recent cabinet decisions changed the time allowed for registration of the grievance or appeal against the performance order decision.

What to do when the house worker goes on vacation and doesn't come back?

Q: Hello, I sent my nanny on holiday since I was going on holiday. She returned to the UAE but didn`t come back to my house. I had processed a two-year visa for her from Tadbeer. Please advise

مقاضاة كلية بسبب فصل طالب بدون مبرر

س: السلام عليكم، لدي سؤال قانوني. طُرد أخي من إحدى الكليات بشكل تعسفي حيث أُخبر أن عليه إعادة امتحان في إحدى المواد وتكون درجة النجاح في هذه المادة ٩٥%، علمًا بأن متطلبات الكلية أن يكون النجاح في هذه المادة من ٨٠% ومتطلبات النجاح في نفس المادة لدى المؤسسة التابعة لها هذه الكلية هي ٧٥%. أخي أحرز ٩٣% وطُرِد وأرغب في فتح قضية ضد هذه الكلية، علمًا بأن الامتحان الأول نجح فيه بنسبة ٨٥%. أرجو إفادتي لأن هذه الكلية تابعة لطيران الإمارات!

تأثير مطالبة شركة اتصالات على العودة للإمارات

س: السلام عليكم، شركة تقدم خدمات اتصالات في دبي تطالبني دون حق بمبلغ 800 درهم لمجرد أني أوقفت خدمتي معهم بعد خروجي من الإمارات بشكل نهائي. هذه ليست مسألة شيك. هل تستطيع تلك الشركة أن تسبب لي أي مشاكل بشأن السفر إلى الإمارات في المستقبل؟ ماذا يقول القانون هنا؟ وشكرًا!

Removing a travel ban imposed due to involvement in a crypto-crime

Q: Dear sir/madam, It is related to cryptocurrency. On 26th Jan 2022, I made a deal on Binance exchange for selling crypto tokens worth AED 100.000 to a person (buyer). Accordingly, I received the money and the crypto tokens were released. But the money I received was from her sister`s account as the buyer told me. I asked for the Emirates ID of both persons and released the cryptocurrency to the buyer in a good faith. On 31st Jan 2022, I came to know that the party (her sister) who had transferred money to my bank had become a victim of e-commerce fraud, and her account was hacked by a Binance buyer who has transferred money to me on the pretext of other bank account holder. My bank account has been frozen upon complaint from the other party whose bank details were compromised and I am having a travel ban currently. I also registered an e-crime complaint on 1st Feb 2022. Please get in touch if you can assist in removing the travel ban.