Questions & Answers - Legal Advice Middle East

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.

How to register the short extension of a tenancy contract with Ejari?

Q: I have been renting a property since 11 May 2021 and the lease was due to expire on 10 May 2022. On 27 September 2021, I was served a notarised eviction notice by the landlord as he intends to sell the property. It is my right to remain on the property until 27 September 2022 which is one year from the receipt of the eviction notice. The landlord has given me a letter where he has no objection to me staying on the property until 27 September 2022, however, I would like to know whether I need to register this 4-month extension with Ejari. The landlord tells me that it is not possible, as Ejari is only applicable to contracts of 6 months or more. How am I protected in this case? Thank you

The risk of transferring company visa and signing on EOSB without receiving them

Q: Good day Sir, I just received a work permit cancellation from our office. It is written there that I CERTIFY THAT I HAVE RECEIVED ALL MY DUES UP TO DATE, but I didn`t receive any single dirham. They need to transfer me to another visa but work for the same company. I have been working for 8 years from the date I joined the company on 26 Feb. 2014. They are telling me to sign without receiving dues from my years of service 8 years. Can you help me with this matter? Thank you and Ramadan Kareem

Bounceing a cheque given to the landlord after claiming loss of cheque and submitting both

Q: My landlord informed me that he misplaced one cheque for rent & now he submitted the original & replacement cheques to the bank. One is bounced due to insufficient amount but total rent to owner is paid as per agreed installment. Now the owner again claims that the replacement cheque is missing. How to cancel the cheque from the bank?

سقوط القضايا الجزائية المُحالة إلى المحكمة في حالة عدم حضور المجني عليه

س: السلام عليكم، هل تسقط القضية الجزائية المُحالة إلى المحكمة في حالة عدم حضور المجني عليه الجلسة أو عدم وجوده داخل الدولة؟

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إمكانية الاعتراض على الحكم الصادر بعدم جواز الالتماس

س: مرحبًا أستاذ، مبارك عليكم الشهر الفضيل! إذا صدر حكم في التماس إعادة النظر بعدم جواز الالتماس وبمصادرة التأمين ومبلغ خمسمائة درهم مقابل أتعاب المحاماة، فهل يمكننا التظلم أو الاعتراض على الحكم الصادر؟

Traveling to Qatar while there are unpaid loans in the UAE

Q: Hello, I have an unpaid loan and credit card. I left the UAE in 2014. Now I found a job in Qatar. Would I have a ban in Qatar? Is it possible to remove the ban before paying back the debts in the UAE because I will have to do connecting flights and transit in the UAE? Thank you!

Can I postpone the final payment of property due to COVID lockdown?

Q: Good morning Mr. Ahmed Abbas, I am W. L. from China. I have ordered an off-plan property in Dubai. Last month, the developer informed me that the unit is completed and reminded me of the last installment. I am living in Shanghai, and the city is on lockdown due to the government`s measures against COVID-19 from 28 March 2022. Now people are not allowed to leave their community. Could I treat it as a force majeure event and ask the developer for extending the due date without penalty? Please note that we do not ask for freeing the debt! Thanks

دعوى طلاق ضد الزوج بسبب هجر فراش الزوجة

س: السلام عليكم، رفعت قضية طلاق على زوجي بسبب هجره فراش الزوجة. هل يعتبر ذلك طلاقًا أم خلعًا؟ لا يريد أن يطلقني ويهددني برفع دعوى نشوز. بماذا تنصحوني؟

Can I terminate the SPA for delay after the developer starts the handover?

Q: I purchased two units in an off-plan project in Dubai in October 2019. I paid 15% each of the total amounts. These properties have been registered in DLD and on my name by the developer. This project has also been delayed for two years (completion quarter 2020). The aim of my purchase was because it is near Expo 2020, the developer promised me to finish the project before the Expo started and use the units as a hotel. But Expo has gone while construction was not completed. The construction has been completed two months ago, but the handover is still ongoing now. Now the developer is pressuring me to pay the balance, otherwise, they will inform the DLD and cancel the unit and forfeit my money. The valuation of the two properties went down by 25%, and because of this, I can not sell with a huge loss. And I did not use them for Expo as well. Can I terminate the units although 100% is completed now before the developer starts the termination process?

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A contractor breaches his obligations of apartment renovation. What to do?

Q: Dear sir/madam, I engaged a general contractor to help renovate my apartment. It has now been over 4 months. I have major issues with the bathrooms (leaks, incorrect installation). In addition, he has used real cheap quality material which is scratched and has a horrible finish. Finally, I have a long list of items still not complete. He has been promising for the past 3 weeks that someone will come to review and correct but no one has come and every day I have a new excuse. I paid him 90% of the money as he talked a good game. I would welcome some advice on the best course of action to move forward.

What is the compensation for cosmetic accidents caused by salons?

Q: Dear sir/madam, What is the compensation for cosmetic accidents caused by salons?

مقيمة بمصر وتريد رفع دعوى طلاق ضد زوجها المقيم بالإمارات

س: السلام عليكم، سيدة قريبتي زوجة مصرية وزوجها يعمل في أبوظبي. توجد خلافات بينهما مما ترتب عليه طلب الزوجة لرفع دعوى طلاق ولكن هي موجودة الآن في مصر. هل تذهب لدولة الإمارات لرفع دعوى الطلاق؟ وما الحلول؟ جزاكم الله كل خير!

تنفيذ حكم عمالي ضد شركة ذات مسؤولية محدودة أغلقت مقرها

س: السلام عليكم، فتحت ملف تنفيذ عمالي ضد شركة ذات مسؤولية محدودة حيث أقفلت مقرها وحسابها البنكي وفتحت مؤسسة باسم مشابه للشركة الأساس. هل يمكنني التنفيذ على حصة المدير الشريك أو الشركاء في حصتهم برأسمال الشركة؟

Is it possible to claim labor dues and salaries after closing the company?

Q: Hi My brother filed a case against his employer for not paying his final settlement and his few months` salaries. He won the case and he moved for the execution also. But the thing is the employer changed his other business and property everything to his wife’s name and other people`s names. There is nothing to attach. Is there any solution to move forward? Kindly advise