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UAE

Can the employer start legal action on the employee for non-renewal of employment contract?

Q: I`m currently working in a transport company as a customer service executive for the past two years. Now my visa expires on 10 March 2022 and I decided to not renew the contract and submitted the non-renewal letter to HR 4th MAR 2022. Now they are saying they will not release me due to I need to inform one-month prior notice. I am ready to work for one month from my non-renewal notice but they are not accepting and said that they will go legally. Could you please advise?
Questions & Answers
UAE

How to revoke the POA of a lawyer for not doing anything with a personal injury case?

Q: Greetings Sir/Madam I want to get a legal advice on what to do, a friend of mine had an accident in Abu Dhabi. I wanted to help by getting a lawyer to help her get an injury claim; the lawyer requested that I must pay upfront legal fee of 10% of the assumed claim of 300,000, which amounted to AED 30,000. Upon paying, no payment agreement was given to me; I got only a receipt of payment. It`s over 7 months and the lawyer hasn`t done anything on the case. I try calling the lawyer and he`s refusing to pick up my call or contact me. Please, I would like to know what steps I could take to get a refund back from the lawyer/advocate. Thank you.
Questions & Answers
UAE

What are my options if the developer is delaying the handover of property?

Q: I purchased a property from a developer and paid approx. 16% towards the purchase price. To initiate the evaluation process, the bank demanded OUQUD from the developer and this cannot be produced because the subjected unit is already mortgaged with the bank. This information was not revealed by the developer to me and SPA was issued in my name. Now, they are delaying the handover of the unit because the unit has not been released from the bank. What legal options are available to me and where should I file a complaint against the developer?
Questions & Answers
UAE

How to clear a rental case raised by the landlord for renewing rent unilaterally?

Q: I just found out I have a rental case in Dubai. In the flat where I stayed, I have informed the landlord that I will not renew the contract before I went on vacation. I had canceled the water and electricity and got a clearance certificate but did not complete the closing process and the landlord wants me to hand over it personally while I informed them that I’m out of the country. I have paid an authorized person to process the handover while I’m out of the country but still they don’t accept it. They automatically renewed the contract as per the old agreement and went legal. There is a judgment also from RDC court to pay rent of 22k and evacuate. 1. There are no pending cheques. Is this a criminal case or a civil case? 2. Can I make an appeal? 3. Can I also make a request to bargain the amount to be paid as I don’t have a job right now. 4. What will happen if I will not pay?
Questions & Answers
UAE

How to force the employer to cancel my visa after finishing a labor case?

Q: I won my labor case from my company, got my money too in Dec 2021. Until now the company has not canceled my visa because they have to pay a fine. They have put the case in Sharjah immigration court for the waiver of the fine. I am a Sharjah free zone employee who needs my cancellation as my new company needs it and also it`s an issue with the bank. My Emirates ID and my visa expired more than one year ago. What can I do to force the company to cancel my visa?
Questions & Answers
UAE

Filing a case against ex-employee for defamation

Q: Hi, Please note that I am the business owner of a Free Zone company (Ajman, UAE). I was successfully running the business for the last 3 years. Unfortunately, one of my ex-employees who left us 6 months back has made access to our free zone portal using our password from outside, downloaded some employment contracts, payrolls and sent a big list of false allegations against me and my company to defame us and spoil the reputation of the company. The ex-employee has sent these messages through his personal Whatsapp number to the COO of our USA-based buyer. He sent all these documents and made false allegations about me, my staff, and my family in person to defame me in front of our prime US customer. A team member of the US buyer has emailed me and Whatsapped me these details to do an enquire about the facts. Is there anything I can do legally to ex-employee? All I have is the Whatsapp messages and emails from my buyer regarding these things. The ex-employee is running his business in Dubai.
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Questions & Answers
UAE

The landlord asks the tenant to evict for personal use without providing a proper notice

Q: The landlord changes the reason for eviction. My landlord tried to evict us last year because he is selling his property. We did not vacate as he did not send us the legal notice. This year he is trying to evict us because he is willing to use the property for his personal use. He refuses to renew but he never sent any 12-month notice. What should I do with him? Thank you.
Questions & Answers
UAE

Traveling to the GCC countries while there are unpaid loans in the UAE

Q: Dear sir/madam, I have had several unpaid loans in the UAE 7 years ago. I am planning to work in Qatar and Bahrain. Will these loans cause problems? Does the travel ban extend to the entire GCC?
Questions & Answers
UAE

How to apply for stop searching and get clearance certificate after a case is dropped?

Q: Salam, I would like to ask for your advice regarding a criminal case filed against me 9 years ago. As per the public prosecution, charges were dropped in 2018 and I got court papers saying the case is dropped. However, my name still remains in the police database. I applied 4 times for PCC in the last 4 years, all got canceled. Can you advise on this? Thank you
Questions & Answers
UAE

Filing a police case against a customer for issuing a cheque with insufficient funds?

Q: Dear sir/madam, Can I file a police case (criminal case) against a customer who issued a cheque that got returned for insufficient funds?
Questions & Answers
UAE

The company is holding my salary and asking me to pay losses, what can I do?

Q: Good morning. Today the company had given the salary to my colleagues, however, mine was not given. They are holding my salary. They want me to send an email to them that I agree to pay the loss of the company. They are not mentioning how much it is, but I know that this is illegal, holding the salary of a worker. What is the best thing I will do? Please advise. Thank you.
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Questions & Answers
UAE

مطالبة المالك الأول للعقار بدفع نفقات إتمام البيع لصالح المالك الأخير

س: السلام عليكم، حررت تنازلاً عن شقتي لأخي وتنازل عنها أخي لزوجته وتريد حاليًا بيعها وطلبت مني توفير النفقات لإتمام البيع بصفتي المالك الأصلي في البنك. هل هذا يجوز؟
Questions & Answers
UAE

Returning to the UAE on a visit visa while bounced cheques are pending

Q: Dear sir/madam, I had 2 cheque bounce cases in the UAE; one in Sharjah and another in Abu Dhabi. The Sharjah case went to court and the judge gave me a 10k AED fine. I paid the fine and the case was closed. The Abu Dhabi case was pending and now due to the new amendment in law, this case is also closed without any fine. Now I want to travel to the UAE on a visit visa, to see if I can find a job or set up a small business and start my life altogether. I have heard that once I enter the UAE, the bank will get to know the same and they will file a civil case and impose a travel ban. Once entered, I will not be able to get out till I clear the payment with the bank. I am ready to have a negotiation with the bank and make the repayment in installment but I don`t want to be stuck in the UAE with a travel ban. Please advise on this. Also, I want to check my immigration status - if my travel bans by the cheque bounce cases issued earlier are cleared.
Questions & Answers
UAE

I want to resign and file a case against the employer for cutting down salaries

Q: Hi, I am working as an Engineer in a free zone company in Studio City, Dubai, since 2019 till date. My visa is issued in Abu Dhabi. From March 2020, they cut down my salary & issued a letter stating that my salary has been cut down from April-20 to Aug-20 by 25%. But even after August 20, they did not only pay me my initial salary but my salary was cut down a lot more and irregular. The total pending is about AED 95,000+ to be received to date. Also, the company did not pay for insurance renewal and I was forced to take my own medical insurance for myself & to sponsor my wife`s visa & insurance. I have decided to resign and cancel my visa immediately due to a new job offer. Is it better to raise the case while on their visa or after changing their visa? Within how many days should I raise a case after changing my visa and cancelling my work permit? Kindly provide your opinion on how to proceed. What are the chances that I get my pending salaries in full and gratuity?
Questions & Answers
UAE

كيف يمكن المطالبة بمبلغ تم إغفاله بعد الحكم وإلغاء اللجنة الحاكمة

س: كان لدي دعوى أنا المدعي بها لجان عقارية (-------) وقد أصدرت اللجنة حكمها بتاريخ 14-10-2020. ولكن تم إغفال الفصل في مبلغ قمت بسداده بالزيادة إلى (-------) وأيضاً قد تم سداد المبلغ إلى (-------) من خلال التمويل من (-------). قمت بتسجيل طلب إغفال وتم الحكم برفضه. ثم قمت بتسجيل طلب إغفال آخر، وقبل إصدار الحكم به، صدر المرسوم رقم 15 لسنة 2021 بشأن إلغاء اللجنة الخاصة. فأصدرت اللجنة قرار بإحالة الدعوى إلى المحكمة العقارية بمحاكم دبي للاختصاص ونص القرار على: "بسم الله الرحمن الرحيم بعد الاطلاع على المرسوم رقم 15 لسنة 2021 المعمول به من تاريخ 27-4-2021 قررت اللجنة مايلى: ــ أولاً:ـ إعادة الدعوى للمرافعة ــ ثانياً: إحالة الدعوى الى المحكمة العقارية بمحكمة دبى الابتدائية للاختصاص ولتحديد جلسة لنظر الدعوى والفصل فيها أصولاً بعد إعلان الخصوم" قمت بتسجيل دعوى عقاري جزئي وفقاً لقرار الإحالة الصادر عن اللجنة الملغاه، ولكن قد صدر الحكم في الدعوى عقاري جزئي "بعدم جواز نظر طلب الاغفال لسـبق الفصل فيه بموجب قضاء اللجنة الصادر بتاريخ ١٤-١٠-٢٠٢٠ باعتبار قرار اللجنة قراراً باتاً". ماذا يمكنني أن أتخذ من إجراءات؟
Questions & Answers
UAE

Asking an employee to resign. What should he do?

Q: Dear sir/madam, I have a question. My company has asked me to resign or I get terminated. I told them that I will resign once I find a job. After one month today, they showed me a termination letter. Now they want my sign. I told them I will sign after deep consideration. In this scenario, what do I have to do?