Questions & Answers - Legal Advice Middle East

س: قانونيًا ما عقوبة سب الزوجة لأم الزوج واتهامها في شرفها وعرضها؟ الاتهام مثبت عبر الرسائل النصية ومعه الكثير من الذم والقدح. ما الإجراء القانوني والعقوبة في مثل هذه الحالة؟

Notice period and other obligation in case of resigning before the end of probation?

Q: Hi Sir, Is it possible to resign before the probation period ends? How many days are to be served as a notice period? Which article in the labor law mentioned all these queries? Kindly advise

How to get your invoice paid by a client company for provided services

Q: Hello, A large company was provided with our consulting services and it`s completed. However, they have not paid us the balance amount for 6 months citing pending deliverables. Please advise on our best recourse.

Traveling to the UAE with a different citizenship while there are outstanding cases

Q: There are outstanding cases for unpaid debt in the UAE against me. Is it possible to visit the UAE with a different citizenship and first name while the cases are still pending to be resolved?

How to settle a bank loan to avoid bank harassment in home country

Q: Hello, I have a personal loan (296k) with a bank which I took in October 2019. My EMI (7842) started in January 2020. I have been sincerely paying the EMI`s from January 2020 till May 2021. I stopped after that because of job loss during the pandemic times. I have lost my job in August 2020 and still, I have made sure to make the payment of my EMI`s on time till May 2021. Unfortunately, after that, I have not been able to grab an opportunity to continue my payments as the job market is down due to corona and flight bans. And now the bank people have started sending multiple third-party people belonging to different companies from India harassing me and my family with calls and messages. They also reached my home shouting in front of it ill-mannerly with my mother who is a heart patient. With this kind of behavior, my family`s respect has been tarnished in front of the neighbor`s. Please help! I don`t want to spoil my career. Regards,

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How to file a claim for child support from ex-husband?

Q: I have been divorced for two years now. My ex-husband has been hesitating to pay child support in the past two months saying that he has no money. I would like to raise a claim for this but I would like to know what the consequences will be after the claim has gone through. What does the UAE family law say? Also, I am worried that he might run out of the country, can I apply for a travel ban on him? Please advise!

دخول الإمارات للحصول على ممتلكات الأخ المتوفَّى

س: السلام عليكم ورحمة الله وبركاته، أنا مواطن يمني من عدن أود أن أعرف: هل يُسمَح لي بتأشيرة دخول لدولة الإمارات العربية المتحدة إذ أنني وريث شرعي ومالك عقارات سُجِّلت بأسمائنا نحن الورثة وقد آلت إلينا من أخي رحمه الله وهو مواطن إماراتي؟ هذه العقارات في دبي.

What are the rights of a Muslim woman with children upon divorce?

Q: I have been living separately from my husband for the last 11 months with my 4 children. For the first 5 months, he did not pay me any expense except paying school fees that were also not in time. Still, after the involvement of the family, he started paying some amount that also he does not pay on time. I want to get separation from him because of the abusive relationship and many other immoral behaviors. What does the UAE law support about a Muslim woman getting a divorce in this situation?

كيفية استعادة الأم لطفلها بعد سفره مع والده بدون موافقتها

س: السلام عليكم، أرجوكم أحتاج لاستشارة ضرورية. قام زوجي بخطف طفلي عمره سنتين والسفر به خارج الإمارات إلى دولة أوروبية. لا زلنا متزوجان ولكنني قمت قبل فترة بفتح ملف تنمية أسرية في إمارة أبو ظبي لطلب الطلاق بسبب سوء المعاملة من قبله ولكنه سافر وأخذ طفلي دون علمي وعلمت لاحقًا أنه خارج الإمارات. أرجوكم هل من وسيلة لاستعادة طفلي عن طريق المحكمة أو الشرطة أو عن طريق سفارة تلك الدولة أو أي طريقة أخرى؟ أرجو أن تجيبوني فقلبي يحترق على طفلي! أي إجابة سأكون ممتنة وشكرًا!

The right to claim refund for delay in handover after failing to complete instalments

Q: I have purchased a studio in Dubai, 30% was paid already (AED 171,000). The handover is getting delayed already 4 months, the developer is already in his grace period for handover but the apartment is also not registered in DLD. I have paid almost all that I have but I am not able to pay anymore because of some financial issues. Will I get my money back? Would it be possible to pay a lawyer after execution not in advance? Thanks in advance for your answers.

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Notice period and gratuity of the employee who resigns due to salary non-payment

Q: Hello, I am on an unlimited contract with a free zone company in Dubai. I haven`t been paid my salary for many months. I decided to resign under article 121. Question 1: when calculating my gratuity, is it considered as Resignation or Termination? Question 2: if I have a 3-month notice, resigning under article 121 entitles me those additional 3 months? Thank you!

Can the employer ask the employee not to serve the notice period upon resignation?

Q: Hi Madam! I have been working in a firm for the past 2 and a half years. In April 2021, I went to India for one month vacation. Due to the Corona crisis, flights have been suspended until August. In June 2021, my visa and labor card have also expired. As per the UAE government, in August I came back to Dubai and started working. Last week, I resigned from my company. They informed me that I don`t have to stay the notice period and they will cancel my visa in 2 to 3 days. But to date, they haven`t started the procedure. Kindly advise If there will be any fines imposed against me.

Employer pressures the employee to return after cancellation to rectify mistakes

Q: Hi, I used to work in a company (clinic) as an account manager. In August, the employer terminated my contract orally and I acknowledged the termination via email. On 13 Sept 2021, my visa was supposed to be canceled but they requested me for one more day and I agreed. So on the 14th, they canceled my visa. Before cancellation, I received my final settlement. I joined a new company and I am currently employed by the new company and my status has been changed. The ex-employer offered me a couple of times to come back but I refused. Now they are aggressive and they are pushing me to go back to the office as there are some issues in the accounts. I would like to know what should I do in this situation, as my ex-employer is really giving me a headache. I will appreciate your help. Thanks in advance for your quick response. Best regards, I.

Can a minor partner remove his name from the license?

Q: Hello, I need to shut down my partnership in Dubai. I am a minor partner in it with 10% of ownership. The major holder was not located in the UAE so without his approval, can I remove my name from the license?

الحصول على شهادة حسن سيرة وسلوك رغم وجود بلاغ شيك

س: عملت شهادة حسن سيرة وسلوك وأُلغيت بسبب شيك عليه بلاغ بقيمة 2187 درهم لمدرسة. المدرسة قالت ادفع ونسحب البلاغ. ما وضعي القانوني؟ هل هناك غرامات؟ هل تصدر شهادة حسن سيرة وسلوك؟