Questions & Answers - Legal Advice Middle East

Do you have to compensate the employer for early resignation due to salary non-payment?

Q: My contract is unlimited and the company did not pay more than 5 months, sadly. Do I still have to pay early termination fees (45 days of salary) to the company? Please help. Thanks.

حقوق الزوجة في حالة الخلع فيما يتعلق بالنفقة والحضانة

س: السلام عليكم، في حال تقدمت للخلع بسبب الإيذاء النفسي والهجر داخل المنزل واستمرار الصراع، هل أحصل على حضانة الأطفال؟ وما الذي أحصل عليه فيما يتعلق بمصاريف الأطفال؟ علمًا بأن لدي أربعة أطفال. وكم يستغرق حكم الخلع؟

How to send the rights of a colleague who passed away in an accident to her family?

Q: Good Morning Sir. This is for 1 of my friends whose colleague (a lady) had an accident & died after 2 days of treatment in a hospital in Abu Dhabi/ Mussafah. The lady is an Indian national & is working in a private hospital as a nurse & has no blood relatives here in the UAE. Please advise on the further legal proceedings to move the case & claim the insurance amount for the family in India. Also, what are the procedures to follow with Police & related authorities?

What are the landlord rights in visiting the rented property with prospective buyers?

Q: Hello We have given a legal notary notice of eviction to our tenant as we intend to sell our property. Viewings are required and we always give a min of 2-hour notice for viewing but our tenant is being difficult and restricting the time bands to unrealistically short periods, no weekends, no evenings... etc. It`s very difficult to organize a viewing. What are our rights?

ما العقوبة عندما تتحول الجناية إلى جنحة في قضية مخدرات؟

س: السلام عليكم، ما العقوبة عندما تتحول الجناية إلى جنحة في قضية المخدرات؟

The right of the domestic workers to keep hold on their passport and documents

Q: Hello, I`m a domestic worker, and recently I realize that my EID is different from all my friends from the same agency. Mine doesn`t have an indication about sponsor name or occupation, it`s just plain. I never saw my residence visa since the employer is keeping my passport. I also haven`t seen the ID up close, they only sent me a digital picture of it. I once called the labor office to enquire about my contract since the office I came from refused to send it to me, unfortunately, I`m not in the labor system. So my question is, will this be a problem in near future? Let`s say when the visa is being canceled, and what visa am I on because it doesn`t look like a domestic worker one to me.

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How to recover an amount of money scammed by fraudsters?

Q: Hello all, I am based in the UAE, however, I have been scammed by a CFD trading broker called (........) based in the UK (they claim to be based in the UK). Their site is down now and they have deleted all the communication channels. However, I found that they have hosted the same site on a different domain. I have lost more than $210,000 dollars. The total withdrawal amount was close to $500,000. When I tried to withdraw my funds from the platform, they asked for more funds as tax payment and after I paid those, they kept on bringing new issues and asking for more funds. When I declined their request on WhatsApp and told them that I will report to the police and file cases, they seem unmoved by these. They even told me to go and report them and they don`t care. Please let me know the actions I can take against those fraudsters. I really don’t want to let them escape this easily especially with our hard-earned money. Kindly let me know if there is a way to recover my funds.

Refusing to return the remaining rental cheques despite providing a proper notice

Q: Dear sir/madam, Can a landlord refuse to return the remaining rental cheques if the tenancy agreement has been terminated earlier with proper notice in place? I am vacating a quarter earlier, but the landlord refuses to return the 4th quarter cheque until I vacate the premises and he makes post-inspection despite having a separate security deposit amount in place.

Will it be legal for a pregnant woman to deliver a baby in the UAE outside wedlock?

Q: Hi Sir, Now, I am pregnant for 5 months, and it is legal to deliver the baby, without question. But because I was pregnant for 5 months before, can we get married after 6 months of pregnancy?

How to vacate the tenant from a property purchased upon verbal assurance by seller?

Q: I purchased a tenanted villa recently. Before signing form B, we asked the seller through the broker if the tenant could vacate the house upon expiry of the tenancy contract, and the seller said yes verbally. So we signed form B, proceeded with the buying process, and confirmed as vacate house again with the seller during the final transfer. We`ve sold the place we used to live in because we will move into this new house and stay in temporary accommodation until the tenancy contract of this new house expires. However, now the tenant doesn`t want to vacate the house upon expiry of the tenancy contract. What can I do in this case?

How to settle a civil case and a judgement for credit card and loan?

Q: I currently have a civil case, and a judgment was passed in my absence where the court ruled that I should pay the full amount. With the new laws passed regarding bounced cheques, I paid the fine for this case but the civil case and judgment were passed already. The amount for both the credit card and loan is a total of AED 324,000. I would like to find out how I can get the judgment removed and find a way forward in closing the civil case as I have a travel ban and can’t get employment.

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هل يمكن مقاضاة مدير الشركة والشريك في مالهم الخاص دون ذمة الشركة المالية؟

س: شركة ذ.م.م تم حجز حساباتها البنكية وتدعي عدم امتلاكها لأموال لتنفيذ حكم دعوى عمالية ضدها وتقدم تقارير حسابية بذلك. ولكن عند التقصي وجد أنها خاطبت عملاءها والمتعاقدين معها (مثبت بصور خطاباتها) بالسداد لها عن طريق حسابات بنكية لشركات أخرى (وسيطة). هل يمكن مقاضاة مدير الشركة والشريك في مالهم الخاص دون ذمة الشركة المالية؟

العودة إلى الإمارات رغم وجود إبعاد إداري بسبب جنحة

س: السلام عليكم، لدي إبعاد إداري. قضيتي جنحة وليست جزائية. ما الفرق بين الجنح والجزائي؟ وهل أستطيع العودة إلى الإمارات؟ علمًا بأن زوجي مقيم فيها.

Claim against the company for holding passport and visa cancellation upon resignation

Q: Hi. I have worked as an accountant in one company in Abu Dhabi since Oct 2014 under an unlimited contract. Last Jan 8, 2022, I have submitted my resignation, handed over all the data and completed my notice period on Feb 6, 2022. Now my employer is saying the data are not proper and you have to wait until they finalize the financials. They refused to cancel my visa and they hold my passport. Is it legal? Can you advise on what I can do?

How to withdraw a labor case after filing it?

Q: Hi Sir, What is the process for closing a labor case? My case was transferred from MOHRE to the labor court. I have gone to ENJAZ (labor court) to close this. So they made an application and said that after 7 days come here, but I don`t want to proceed with it. I want to close this.

Does a civil case filed by a bank lead to a travel ban?

Q: Hello everyone, I have left Dubai in 2020 during the Covid crisis. I have some credit card liability of around 50K AED. The banks have emailed me regarding a civil case. I need to know if there is a civil case against me, can it cause a travel ban or not?