Questions & Answers - Legal Advice Middle East

Is it possible to apply a will issued in South Africa in the UAE?

Q: Dear questioner, My father (Muslim) has passed away in South Africa. He leaves behind 4 children, his wife (our mother) and his own mother. He had a will for South Africa in which, I (oldest son) am executor. The will does state that it encompasses all property and assets wherever they may be. He has various properties and assets in the UAE. My questions are: 1. Does his will have power in the UAE or will it be divided by Sharia? 2. What documents are required to wind up his estate? 3. What is the wind-up process within the UAE?

Can the employer help me to come back if I stayed more than 6 months outside UAE?

Q: Can the employer provide something if I am more than 6 months outside UAE and I want to come back? I have been through with a medical issue that`s why I stayed longer here in the Philippines.

How to retrieve my passport and cancel visa if the company is not responding?

Q: My employer has taken my signature on an Arabic paper stating that this is a labor contract application form. I signed that out of trust. I had an emergency and I asked for the passport. The employer denied it, then I filed a complaint to retrieve my passport and he is asking me to pay a big amount then leave. Apart from that, the lawyer of the employer is also threatening me that they will put me in trouble. I have not taken any money from them. But they asked for it after complaining. I have stopped going to my work as per the labor representative but have not resigned because my company owner is treating me rudely and very badly using abusive words like dog, donkey... etc. How will I get my passport and will there be a ban on me? Please guide. Thanks

How to cancel the power of attorney in Dubai?

Q: How to cancel the power of attorney in Dubai?

How can I lift an overstay ban and return to Dubai after finishing a credit card case?

Q: I got banned from Dubai. I have not done any criminal things. Only overstay for the residence visa. I could not renew because of my credit card and loan case. Before the visa expired, my passport was at the police station. In 2011, all my cases were finished in Court. Can I come back to Dubai? Please Sir/Madam, give me a suggestion on what to do and how I can enter Dubai.

Unfair dismissal by my employer due to filing a complaint

Q: I work for my employer starting from 09/02/2021 till 08/02/2023. Earlier, I was receiving AED 2000 total salary. Basic Salary: 1500, Accommodation and Transportation: 500. Even though my contract states: Basic Salary: 1500, Accommodation Allowance: First Party, Transportation Allowance: First Party and no amount was stated for such allowances. My employer suddenly reduced my total salary to 1500 since April 2021 and refused to provide me a decent accommodation. Upon filing a complaint, my employer arbitrarily dismissed me from work on the 28th of December 2021 without salary from December till now. He ordered his PRO to throw my laptop bag and belongings outside the shop, locked me outside and stopped me from working till today. This is my case. Please, what do you suggest I claim now? Because even though my employer terminated me, he never put it in writing but was practically done.

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What compensation should I pay to the employer in case of terminating a limited contract?

Q: Hello Sir/Madam Good morning. I just wanted to ask that I want to change my company for a certain reason and also it`s been like only 7-8 months that I`m working here. It`s a limited contract for 2 years. Employers said if I resigned they will put a heavy penalty. So am I allowed to leave or not? Or how much should I pay them back?

Does the jail term start counting from the date of arrest or date of judgment?

Q: My brother is in jail for the last 2 months in Abu Dhabi, UAE. On 10/2/2022, the judge gave judgment for three months in jail and evict from the country. My question is do they count the days since they arrest my brother or from the day of judgment? Please let me know

How to enforce the payment of a bounced cheque after the new law

Q: Hi, There is a case of a 500K bounced cheque. He was caught and went to jail in the criminal case and now he must be out because of the new law update. Could there be deportation even though he did not pay the money or any payment at all? How is deportation decided knowing that there is a flight ban in the civil case? What is the penalty in case of non-payment in the civil case? And what happens if I don`t hear from him? What are the next steps the lawyer should be doing? How to find out if there was deportation or not? Is it easy to find out? Regards,

Is it possible to settle credit card debts after losing job and leaving the UAE?

Q: Hi, I was laid off in June 2020 during COVID19 and had credit cards in several banks. I had to leave the country but was still paying the banks up until September 2021. So I was getting calls from the bank, and the last one was maybe in December 2021. A new law came into effect this January, so the cheque bounce was decriminalized but the civil case is still there and a new option of some kind of execution is also there now. I don`t know if I got any cheque bounce, do I get a notification on my email or SMS on my mobile? (My mobile is still active and I am outside of Dubai since then). Also, want to ask- under the new rule does the execution smth can lead to imprisonment and/or a travel ban? And if yes then for how long? Will I be able to come to Dubai and find a job if the execution case is there? Thank you

How to receive the amount of a labor judgment after being paid by the employer to court?

Q: Dear Sir, The case is finished and the judgment came 2 months ago. My employer deposited the money 50 days ago and my visa is canceled now. But I am not receiving the cheque from the court. I am illegal now as it`s already been more than 3 months since my visa has expired. Do I have to pay a fine for staying on an expired visa? And when should I receive the cheque? They say I will get a message but it`s been so long now and I am not getting any message or call. Kindly help and suggest

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Right of tenant to refuse rent increase after serving a legal notice

Q: When there were more than 90 days, I sent an email to the tenant that I want to increase the rent which was higher than what was mentioned in the rental index. The tenant replied to me saying they don`t want to renew the rental contract. Now when there is less than a month left in contract expiration, I got an email from them that the contract will renew at the same rate. Can the tenants change their minds even after giving notice to not renew the rental contract? Additionally, I got a rental appraisal certificate and it shows the rental is 13% more than the amount of current rental value. So can I increase rent to the amount mentioned in the certificate or I can increase only 5%?

The labor dues are not given to an employee after resignation

Q: Dear sir/madam, My contract ended on February 10th, 2022, and I didn`t want to renew so I gave a resignation notice on January 10th, 2022. Now it is 21st February 2022. I haven`t received my passport, ticket, or gratuity dues. My visa has not been canceled. What am I supposed to do?

Converting to Islam and job loss

Q: Dear sir/madam, One of my friends is from India but currently living in the UAE. She wants to accept Islam officially but she is scared to lose her job because she got a job where her uncle is the chairman.

How to give a special power of attorney online to sell and purchase company shares?

Q: Sir, I would like to give a special power of attorney (made online as I am out of the UAE) to an agent in the UAE for my trade license (to sell & purchase the company). But my visa & Emirates ID expired on Dec 25, 2021. My question is, will it be possible to do a power of attorney online with my passport instead of Emirates ID? Also, if it`s possible, can I directly appear in court for selling or signing a share transfer agreement or amendment in MOA for the purpose of selling with my passport?

ماذا يحدث للديون المستحقة على الشخص بعد وفاته؟

س: السلام عليكم، لدي بعض الأسئلة: - ماذا يحدث للشيك بعد وفاة مُحرره (الساحب)؟ هل يُصرَف؟ - والدي عليه مطالبة مالية لشركة الكهرباء، هل تنتقل المطالبة إلى الورثة؟