Questions & Answers - Legal Advice Middle East

كيفية حساب مدة الاستئناف بعد صدور الحكم

س: حُكِم في دعوى عمالية بتاريخ ١٩/١٠/٢٠٢١ ثم تقدمت الشركة بطلب الاستئناف بتاريخ ١٤/١١/٢٠٢١ ثم نُفِّذ الطلب بتاريخ ٢١/١١/٢٠٢١ (علمًا بأن مدة الـ٣٠ يوم انتهت يوم ١٨/١١/٢٠٢١). استلمت رسالة من المحكمة بإعلاني من مكتب إدارة الدعوى الاستئنافية لحضور جلسة يوم ٢٤/١١/٢٠٢١. ما جلسة إدارة الدعوى الاستئنافية؟ وهل مدة الاستئناف تُحسَب من تاريخ تقديم طلب الاستئناف أم بعد استكمال وتسجيل الطلب في مكتب إدارة الدعوى؟ هل يحق لي المطالبة بعدم قبول الاستئناف لانتهاء المدة؟ وهل في حالة عدم قبول الاستئناف يصبح الحكم نهائيًا وأتقدم بطلب التنفيذ؟

How to act with tenant who ignores the calls to renew expired tenancy contact?

Q: Hi, I am an apartment owner in Dubai and I agreed with the tenant by phone to renew the tenancy contract for another year. Now the contract has expired and the tenant is not responding to emails and phones to sign the renewal of the contract. I left a note on the apartment door but no reply. What can we do in such a case and where can we raise the dispute?

تأخير المطور تسليم شقة لمدة اثني عشر عامًا

س: السلام عليكم، اشتريت شقة بدبي على الخارطة عام 2005 من مطور عقاري معروف على أساس التسليم عام 2008 ولكن تأخر استكمال بنائها لغاية 2020 وقد دفعت ثلاثة أرباع القيمة وبقيت دفعة التسليم. هناك بند غرامة تأخير ولكن المطور لا يعترف بذلك ويدعي وجود ظروف قهرية آنذاك وأنه اضطر لرهن العقار مدار البحث للحصول على قرض من البنك ويصر على كامل المبلغ ليتم التسليم. أرشدوني ماذا أفعل لاسترداد حقي بعد هذا الانتظار الطويل؟ علمًا بأن القيمة السوقية للشقة حاليًا تقل عن المبلغ الذي دفعته للمطور حتى الآن؟ ولكم عاطر التحية!

Signing the cancelation papers before getting the labor dues?

Q: Hi Maam, Is it right to sign the cancelation papers before getting the gratuity? In the documents, it is written that I certify that I have received all my dues up to date. They want me to sign these documents before they process all my pending dues.

Breach and non-performance of a website and mobile app development contract

Q: Hi, I would like to inquire what are the claims and remedies can I have for the following situation: 1. Delivery date as per the agreement was 110 days, however, it`s about 9 months now and the delivery is not done. 2. Website and mobile app developer states that they cannot deliver all the scope that is agreed in the contract (they informed me after 8 months). 3. They threaten to stop the website development if I don`t pay the second payment (we pay what they demand although they have not delivered anything yet). 4. The website and app developer promised to deliver the project as per the scope and timeline and advised that I cancel the contract with my previous developer (I cancelled the contract with my previous developer because of this promise). 6. The developer did not allocate dedicated staff for the project although our contract states that they will allocate resources and skilled staff to finish.

Repercussions of resigning from a limited contract after completing probation

Q: Can I terminate a limited contract after finishing the probation period? Is it lawful for the company to put a ban on me?

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Are there any travel restrictions due to leaving the UAE without work visa cancelation?

Q: Hi Mam, Good evening! I would like to understand if there will be any kind of travel restrictions while being on transit through UAE or any GCC country airports if my UAE work visa was not canceled while exiting the country way back in 2014. Thank you!

The consequences of canceling wife's visa after divorce

Q: Hi sir/madam, I was married and before divorce, my wife did her visa under my name (that I`m her sponsor). 8 months passed since we got divorced and she is still under my visa. If I will cancel her visa, what will happen? Who will pay fees if she will overstay? Currently, she is not working.

Can you enter the UAE again if you left with an absconding case?

Q: Dear All, I am outside the UAE Currently. My question is if my previous employer has filed absconding against my work visa, am I not allowed to enter the UAE under a visit visa? I have plans to set up an LLC for my current business in the UAE. For that, I need to travel and initiate the business setup in the UAE. Requesting your kind support and advice regarding the same. Thank you.

Getting a job offer while the employer refuses resignation. What to do?

Q: I have been working in a company in Ajman for the last 4 years. My labor contact is limited. It will finish on 19th January 2022. Now I got a job offer letter from a Dubai-based company with a 1 month notice period. I sent a resignation letter yesterday for the 23rd December, but they refused and asked me to stay for 2 months more. I have to join the new company on 25th December. What to do?

Time frame allowed to file a labor claim

Q: My employer deducted visa money from my salary between March and October 2020. I reported my employer to labor but the labor representative mentioned that it is over one year and thus, I cannot lay any claim anymore. Is this true?

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A visit visa is rejected due to an administrative issue. What to do?

Q: Hi, My visit visa was rejected due to an administrative issue. I don’t know what is that. Can anyone explain what is an administrative issue?

Will you get labor ban if you resign during probation period for mental health issues?

Q: I want to resign from my job during my probation period due to my mental health issues. I`m on a limited contract for 2 years and I`ve only been working with this company for 3 months. Will I face an employment ban? Or what are the consequences that I will face? I`m a master`s degree holder.

How to return to the UAE after being treated from an infectious disease

Q: Dear madam, I would like to get your advice and assistance to get removed from the blacklist and deportation due to an infectious disease in 2016. Now, I have been treated and am completely free from the disease. Now I intend to return to Dubai and find employment. Please advise me on this matter. Thanks!

Can I resign from a limited contract during probation for non-payment of salaries?

Q: Good afternoon Madam, I am working in the private sector in Abu Dhabi on a limited-term contract. I have completed 3 months probation period while only the initial 1st-month salary was paid by the employer. Then after they started to delay and now 2 months salaries are delayed. So what action should I take as I don`t want to continue with this employer? I also want to cancel my labor card and visa without reaching to him since he has not followed his promise to pay my salary on time. He is also not paying even the rent amount since I am staying with my family outside. If I get another job in this period, can I work or not? Please advise.

Resignation from a free zone company in Jafza to get a better offer

Q: Dear Sir/Madam, I have been working in a company in Jafza for the last 8 months on a limited contract of three years. I resigned from my current job which is inside JFZA free zone since I got a better job offer from a company inside Jafza free zone as well. I have some doubts to clear. Do I have to pay compensation to my company to cancel my visa? If yes, how much would it be? Is it possible to get any type of ban on me? If it is possible, what kind of ban would it be? Will it be applicable inside the Jafza free zone? Hope you can help me with my queries. I look forward to your reply!