Questions & Answers - Legal Advice Middle East

Personal insolvency procedures in case of losing job and defaulting on credit cards

Q: My service has been terminated by the company as it is stopping its operations in the UAE. I have 2 credit cards that have a due amount of nearly 130K for which I keep paying the EMI so far. Meanwhile, I don`t have any job offer in my hand. How can I manage in case I have to leave the country, or if not, in a position to pay the due immediately?

What kind of legal document is required to guarantee paying back a debt?

Q: Someone who owes me over AED 25,000 has agreed to pay back AED 5000 a month. Can we get a contract which both signs and is legal standing if he does not pay the agreed amount back on the agreed date?

Can the employer file an embezzlement case after returning the amount?

Q: Dear, I made a 50 percent payment for an embezzlement settlement. Can the employer raise a case against me after receiving the full 100 percent payment? Please note the employer has given me written confirmation of the 50 percent payment which he has received.

How to leave the UAE while being under the sponsorship of the father?

Q: I am an American living in the UAE. I need to leave the country but I can`t leave because my visa is sponsored by my father who is refusing to cancel it. What do I do?

How to calculate the annual leave when there is an off-day in between?

Q: One of the employees is going on annual leave from 13th November (Saturday) to 26th November (Friday). He will re-join on 27th, Nov 2021. Friday is a weekly off-day for that employee. So how many days will get calculated for the annual leave?

How to lift a ban based on a miscommunication?

Q: Hi, I am working with a company in India as a technical specialist. Previously, I was working with the government of India with the National Informatics Centre as a scientist for over 10 years. Currently, I am remotely working with few UAE customers; Etisalat - telecom`s operations, Dubai Islamic Bank, MAF Carrefour Dubai on database architect, implementation, and database technology solutions. Recently, last year Jan 2020, I was trying to apply for a business visa for office work, but my visa was declined with the remark "blacklisted". The issue happened in 2015. It was a miscommunication from my end when I was traveling to the USA via Abu Dabhi. This is the first incidence that happened in my life. I had kept my bag on the wrong seat and the cabin crew asked me what is inside the bag. I said camera and VIKS balm. The cabin crew officer thought that I used the word "bomb". UAE emigration deported back me to India. Need your help and guidance!

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How to file criminal and civil cases for sexual harassment by an RTA taxi driver?

Q: I was a victim of sexual harassment by an RTA taxi driver. The RTA investigated the case and found that the driver acted inappropriately. They want me to file a police case against the driver. Can I claim compensation from the RTA for this incident?

Defer the seizure of mortgaged property after reaching a settlement with the bank

Q: I have a mortgage with a bank. I have overdue installments along with overdue service charges and the bank has filed foreclosure. I have reached a settlement with the bank but the bank needs an MOU from the buyer which will take some time. What I want is to get a stay or deferment on the action of property seizure. I have got the court notice already for property seizure. Can we get the deferment of seizing the property? I am living on the property with my family.

Legal action against a travel agency for breaching the agreement

Q: Hi. I’m F. I`ve paid AED 18,700.00 to a holiday company named "-----" in Dubai for a vacation package of 28 Days Worldwide for 3 Adults and 1 kid valid for 10 years, plus additional benefits of: - 14 Days fully paid trip for 3 Adults and 1 Kid with tickets for Europe/Asia/Africa - 2 Night UAE stay/ 1 Night stay Cove Rotana - 7 Local Activities in the UAE We were clearly informed there will be no blackout dates and only had to inform in advance for booking. Now they are saying it is subject to availability. We have been really flexible and only asked them to provide beach-facing hotel options for any weekend or public holidays but they have only provided us with 1 hotel option for weekdays when we cannot travel. We have requested a sample itinerary for hotel options for Europe but there has been no response from them. So far they have failed to provide any service promised in the contract. Please advise on this matter.

Case to claim the EOSB after resignation and before signing cancellation paper

Q: Hi, I need advice on my end-of-service benefits. I have been working with an employer in Abu Dhabi for the last 2 and a half years. I recently resigned from my position and successfully completed my 2 month notice period on the 14th of August. Since then, the employer has not released my dues which were agreed on my last working day. Actually, they are forcing me to sign the cancellation paper before clearing any dues which I have refused as the cancellation paper clearly states that "I certify that I have received all of my dues". I have requested them multiple times over email and phone but still, they are giving invalid excuses and doing unnecessary delays. Can you please guide me on how I can tackle this situation as I urgently need to return to my country? I want to leave on happy terms without having any clashes at this stage. Please advise. Many thanks.

Can I ask my tenant to evict the property to have it for personal use?

Q: Hi, I have a property that is currently rented. The current contract will get expired on 31st January. Can I inform my tenant that I do not want to renew the contract because I want to have the property for personal use? Does the 12-month rule apply if I ask the tenant to evict after the expiry of the current contract renewal? Thanks in advance.

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The risk of paying rent in cash instead of cheque at the landlord's request

Q: My landlord is abroad and is not currently able to travel to Dubai to withdraw one of my rental cheques. Instead, he has asked me if I would be able to transfer the rent amount to the building management team as part of paying off his service charges. I am not comfortable with this and wanted to know where I stand from a legal perspective.

Rights of the employee when the employer terminates the limited contract

Q: Hi all, I worked for a semi-government company for 4 months (I passed the 3-month probation period successfully with outstanding exceptional performance). However, after completing the 4th month, the employer terminated my contract immediately with no reason related to work or performance. My contract is a limited 3-year contract. Now the employer is asking me to return the school allowance which has been paid to me and he is not willing to pay me any compensation for breaking the limited contract or for the arbitrary termination. Could you please advise me on what to do in such a case and what can be claimed here? Your support is highly appreciated Thank you.

How can I report a person in KSA with a pending credit in a Dubai bank?

Q: Would like to get advice on how I can report a person with a pending credit in a Dubai bank but he is here now in Saudi and working?

Unpaid loan and credit card after losing job in Dubai and settlement to return

Q: Dear Samira, I`ve taken a loan from a bank via credit card. I came back to my country and due to the COVID situation, I lost my job. Now I want to come back to Dubai but I didn`t pay the loan and payments are pending for the last 3 months. Can you please help me with how I can sort out this matter? Thank you

The liability of a partner for the labor dues of an employee

Q: I’m a 50% shareholder and director in an FZ-LLC company in Dubai Development Authority. One of our employees made an unpaid salary case against us and won it in court. We have appealed the decision. My partner, the owner of the remaining 50% and a local has his name as the general manager of the company on the license. Since our company is not in a financial position to pay these dues, I want to understand what my maximum liability will be. A quick reading online shows that the court can place travel bans on the general manager and hold him personally liable. Does the liability extend to me as well? Are there any other liabilities?