Questions & Answers - Legal Advice Middle East

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.

The right response to the wife who is refusing to be with the husband

Q: Hello/Salam I am a British citizen with a UK passport and married a UAE resident with a Pakistani passport in March 2020. Due to Covid restrictions, I could not see my wife until travel re-opened. At this time, I tried to apply for a UK spouse visa for my wife, but it was not approved on Jan 21. I then waited for things to re-open and visited my wife on Nov 21 and decided to move ahead with our Rukhsati and Walima in Jan 2022. I then applied for her UK visit visa, but again it was not approved. I then traveled to Dubai in Mar 2022 to live in Dubai with my wife, but she did not see me, has not responded to my messages or calls, and blocked me on social media. I was able to see her family but they were very disrespectful to me and threw me out of their house. I have returned to the UK now. What can I do to approach the UAE authorities that my wife`s family has defrauded me, taken all the gifts and gold, and are now ignoring us? Please advise what can I do to save my marriage? Thanks/Jzk

What is the process of execution stage in a labor case and how do we go about it?

Q: What is the process of execution stage in a labor case and how do we go about it? Thank you

I worked with the same company in different countries. Do I get the EOSB for all?

Q: Hi, I`ve been working at a company with an ADGM license for 3 years, and I will leave the company because my position has become redundant. However, I was previously based in 2 different locations with the same company for a total of 6 years. Is my gratuity based on the total 9 years time I spent with the company? Or is it only the last 3 years in the UAE?

How to proceed with my labor case if I don't have money to pay the court fees?

Q: I am working with one company and the company terminated me. I made a labor complaint and received the labor complaint number. I brought all the documents they requested and went to Injaz - Al Ain as my visa is Al Ain. When I visited there, Injaz people informed me to pay AED 30000 to transfer my case to labor court. Please advise me, what will I do? Last 3 months I don`t have any salary. I need to get more than 300k as l worked in the UAE for more than 15 yrs. This is a huge amount that an employee can pay as there is no salary given by the company.

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What is required to become an authorized agent in the UAE?

Q: Hi I`m a Saudi citizen and I have an Emirati ID. I would like to become an authorized agent of a product in the United Arab Emirates, as the product is located in Saudi Arabia and Egypt and has quality certificates. What is required to become an authorized agent in the UAE?

Does the husband need to pay the wife and child maintenance if she takes khula?

Q: Dear questioner, Does the husband need to pay the wife and child maintenance every month if she takes khula? And how much is it if he has his own business in Dubai?

Can I terminate the SPA of the off-plan property for delaying the handover two years?

Q: The handover date for my off-plan property was due on the 30th of April 2022 the developer has communicated to me that the handover date has now changed to April 2024. No reason was given. I have since contacted them stating that I do not agree with the change of dates and if they are unable to commit to the original date then our contract should be terminated. I have paid 63% and I want my money back. The agreement says if the vendor cannot deliver on time I have the right to claim an interest-free full refund. However, this clause excludes if this was due to an event of force majeure act by government authorities, God, labor disputes and failure of utilities, transportation of personnel or equipment; breach of contract by any sub-contractor, and any matter beyond the reasonable control of the vendor. To date, no reason has been given, and I feel 2 years are not justified by any force majeure event. Will it stand in court to get my money back and make them pay the legal costs?

Traveling to a GCC country while a loan is outstanding in the UAE

Q: Dear sir/madam, Can I be allowed to leave the UAE if I have unpaid loan debt? I have an outstanding loan to be paid to my bank (never miss a payment) and I am considering changing my job and moving to Saudi Arabia. I will be paying the outstanding balance from there. Are there any obstacles to relocating to another GCC country?

Robbers stole money from debit/credit cards forcefully. What to do?

Q: Dear Sir/Madam, I was robbed recently in Dubai. The robbers assaulted me. They bound my hands and legs and battered me. They stopped my breathing and asked for the pin codes of my debit/credit cards and forcefully took card details and withdraw cash from my debit and credit cards. After withdrawing the cash/transaction, they left me alive, released me, and ran away. I immediately called the call center and block all the credit/debit cards and visited the police station and registered a complaint against the criminals. The Dubai police caught one of the criminals (out of 6). The case is now with the criminal court. As I was holding credit cards of various banks, robbers utilized the cash limits of all credit cards. Now the banks are chasing me to repay the amounts withdrawn. Please give me a general idea, what do I need to do? Do I need to file a civil case? Further, I don’t have money to pay to the bank and I can never pay to the banks considering that I have not taken that money. Please advise!

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How to determine the notice period in a Free zone company?

Q: Hello, I am working in a private company in Ras Al Khaimah, UAE with a Freezone visa. I want to know the legal point of view about the notice period. I got a better opportunity to grow in my career and I am ready to serve 30 days notice period and the balance I agreed to pay. However, my current company is insisting to serve 60 days` notice whereas my new company will not wait for 60 days. They can wait up to 35 days maximum. In my contract with Freezone, the notice period is blank however there is an internal memo that I have acknowledged for 60 days notice period, so I want to check the legal point of view in this matter.

عدم ذكر مقدار زيادة إيجار شقة في إخطار التجديد

س: السلام عليكم، يحين موعد تجديد عقد الإيجار لشقة في إمارة دبي قريبًا. وصلني إشعار مكتوب من مكتب العقارات أرسلوه مع حارس العقار مفاده: "ينتهي عقد الإيجار بتاريخ ١/٦، وعليه تكون قيمة الإيجار للسنة القادمة بناءً على ما يحدده مؤشر مؤسسة التنظيم العقاري في دبي". هكذا وبدون تحديد مبلغ محدد في الخطاب. هل هذا قانوني؟ وهل يعد هذا ضمن الإخطار القانوني قبل نهاية العقد بـ ٩٠ يومًا؟ مع العلم أن مؤشر التنظيم العقاري يقول أنه يمكن زيادة الإيجار حتى ٨٠٠٠ درهم.

How to make sure that a developer will deliver an apartment on time?

Q: Dear sir/madam, I have purchased an off-plan apartment and there’s been a delay of 9 months, and now they want me to pay 67% to get a handover though the payment plan with them is for 3 years. Even if I pay 67%, how do I make sure I get it on time?

How to clear the overstay fines due to a fake case filed by the employer?

Q: Hi I have an active labor work permit but I don`t have a residence visa due to the expiry of my company license. There is immigration overstay fine for 300 days. Hence I gave my resignation without notice period. I left the company. The employer made a fake case against me for damaging their tools. Judgment came and dismissed that fake case. Now I need to cancel my labor contract and clear the visa fines. Please advise. Regards, R. Dubai

Settlement of a personal loan to avoid police case and travel ban

Q: Dears, I left the UAE last year in 2021 and now I have a personal loan debt of AED 15,000 as per the bank. Now, I have received a court letter from Dubai Court with a travel ban to the country. What will be the next process, please help as I would really want to avoid any travel ban and police case.