Questions & Answers - Legal Advice Middle East

How to claim pending salaries and labor dues then cancel visa to join another job?

Q: Greetings. I am working in an Abu Dhabi-based company. I have three months pending salaries since Dec 2021. The fourth month is ongoing. I got a new job and I submitted my resignation by mail on 24-Feb-2022. Now the company says our WBS system is blocked and they can cancel my visa by paying a penalty. But I have to sign that I received all pending dues, then they will provide my pending dues whenever they received money from a client. Any chance to join my new company without any problem? If I go to the labor court, can I get my pending dues immediately? How much does it cost? Requesting your kind guidance.

Who decides the percentage of completion on a property and how is it done?

Q: Hello, Can I ask who exactly decides the percentage of completion on a property, and what checks are done to ensure this is correct? I`ve been told the property I invested in is around 85% complete now at this time, however, on-site looks another story.

What to do after getting the final judgment in a labor case while being abroad?

Q: Dear sir/madam, I have a labor case with my company for non-payment of settlement and pending salaries. The judgment came in my favor. But unfortunately, I am not in Abu Dhabi to pursue enforcement. What is the next step after the judgment of a labor case? How can I get my judgment stamped? Can I proceed to the next step online as I have a UAE Pass?

How to remove a ban upon the issuance of a new law?

Q: Dear sir/madam, I was born and brought up in the UAE and lived there for 18 years. My family owns 2 properties and a business in Sharjah and Dubai. In 2017, I was deported for a mistake I made because of a bad influence, and my future was ruined. It was a genuine mistake of using illegal substances (Marijuana) in Sharjah. While I was imprisoned in Sharjah, I did not get any proper representation or chance to speak to a lawyer or the judge and was directly deported on a special pardon in October 2017. My parents have tried removing the ban from MOI Abu Dhabi with a special pardon but have got rejected every time and now we lost hope and ask you to help in this situation. I have not done any criminal activity or illegal activity before this. My records are clean. I really wish to get back to my family. Please help me in removing the ban. I have recently heard of the new law which has been imposed since January 2022 with no mandatory deportation. Will this help my case in any way?

The safest way to settle a bank loan without being arrested while coming back to the UAE

Q: Hello Experts, I need your kind advice regarding my loan. I had a loan of 250k and a credit card of 13k with a bank. When I left the UAE in March-20, my cumulative outstanding of both was 160k. Since then, I`m in Pakistan and hasn`t come back to the UAE The bank has bounced security cheques and filed criminal cases. Now I have a job offer from Dubai and they already applied for my employment visa. Meanwhile, I`m negotiating with the bank for a one-shot settlement over the telephone. They are asking me to pay 112k one payment for the full and final settlement of both liabilities. They have waived off all the interest and just asking the principal amount in this way. Please advise if 112k is a good deal considering the situation or I should have to get more discount. Also, advise how should I go forward with them (they said, they`ll issue a settlement letter/new offer letter, after which I`ll submit the payment and then within 2 weeks they`ll withdraw the criminal case).

هل يسقط الإبعاد القضائي تلقائيًا بعد مدة؟

س: السلام عليكم، صدر ضدي إبعاد قضائي منذ عام ٢٠٠٩ حتى الآن. لا أعرف هل الإبعاد بمدة أم لا؟ وهل يسقط الإبعاد تلقائيًا؟

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How to visit a family member after being arrested due to nonpayment of a rent?

Q: Hi, My mom was detained in Ajman because she was unable to pay her rent last year in a mall under a Freezone so she was arrested. We are not allowed to visit her or at least just see her. What will happen to her case? We tried to talk to the police but they did not tell us anything and asked us to go to CID but the CID asked us to go to the Freezone. We don`t know what step should we do or how to get an update regarding her case. We also don`t know her situation since we are not allowed to see her.

How to cancel the visa and get the labor dues upon judgment issuance?

Q: Dear sir/madam, I have got my judgment and the company has to pay me the judgment amount. Still, I didn`t get any payments and it is almost 6 months and the company didn`t cancel my visa. What can I do about this? And when will I get my money and cancelation?

How to accommodate new workers to a company's labor accommodation flat?

Q: Dear sir/madam, I have a commercial trading company in the UAE, and we have limited workers. We have a separate labor accommodation flat. Whenever we need extra manpower for work, we get support from another company and their workers stay in different places. So they are asking us to accommodate their workers to my flat. Do we need to get permission from the real estate agent to accommodate their workers? Can we make any MOU between us to accommodate those workers? Kindly advise, please!

Can you file a case from Europe against a person in the UAE to return borrowed money?

Q: Hello, I sent money to a North African person over five years ago when he was still in his home country in Africa, and I also gave him some money in cash in his country once. At that time, he was just about to move to Dubai and promised to pay me back all the money when he would be working in Dubai. He hasn`t returned any money despite many reminders. He is still in Dubai, I live in Europe, and have never been to Dubai. Can I file a claim in Dubai Courts to make him pay? Of course, nothing was agreed upon about applicable law as it was a friendly loan that was supposed to be paid back while he`s working in the UAE.

هل يستطيع المنفذ ضده في قضايا البنوك طلب التسوية والتقسيط من القاضي؟

س: السلام عليكم في قضايا التنفيذ لصالح البنوك، هل يستطيع المنفذ ضده طلب تقسيط المبلغ؟ وهل يتم هذا عن طريق قاضي التنفيذ؟ وهل يستطيع القضاء إجبار البنوك على قبول التقسيط؟ شكراً

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العودة إلى الإمارات رغم وجود قرض غير مُسدد

س: السلام عليكم، كنت أعمل وحصلت على قرض من شركة تمويل بقيمة ٣٨٠٠٠ درهم بغرض السكن وكان لدي كريديت كارت بقيمة ١٥٠٠٠. حدثت ظروف وسافرت إلى مصر. الشركة التي كنت أعمل فيها أغلقت وتسببت جائحة كورونا في إغلاق البلد ولم أتمكن من الرجوع. أرغب حاليًا في الرجوع لأعمل وأسدد الدين لأنهم رفعوا دعوى ضدي والمبلغ ليس متوفر معي. هل يمكنكم أن تخبروني ما الإجراءات؟

Can the shareholders of a mainland LLC company stay abroad for 12 months?

Q: Good Morning, I`m wondering, can the shareholders of a mainland LLC company who have a 50% share each stay abroad for 12 months? Or do they also need to revisit the UAE every 6 months like their company`s employees? Thanks

How to return to the UAE while there are bounced cheque cases?

Q: Hello, I am not currently in Dubai. I have two cases of bounced cheques. I need a lawyer to push them into fines so I can pay for them and fly back into the country. Kindly let me know the cost of doing this!

Where to file real estate disputes upon DIFC-LCIA abolition

Q: Dear sir/madam, It is said that DIFC-LCIA has been abolished in Sept 2021 so now where will real estate disputes which contain this condition of jurisdiction be filed?

I seek to cancel a purchased property and get refund for delay in handover

Q: Dear Advocate Sweta Singh, I am from India and in Sep 2018, I purchased an apartment in a hotel. The hotel has not been completed and the delay is more than a year. They have not paid any compensation as per the contract, nor do they talk about it. I have paid more than 80% in installments and paying it regularly. Please help me, guide me on how to cancel the deal and get a full refund, or any other way which helps me recover my investment. Regards