Questions & Answers - Legal Advice Middle East

How to extend the duration of visa upon termination while the employer refuses?

Q: I have been terminated from an unlimited contract in a company at ADGM. The company is paying me 3 months` notice pay as per my contract and not giving me the option to work during the notice period. They want to cancel my employment and residence visa on the termination date and not the last date of the notice period, as my last working day will be the termination date. I need my visa to be kept open till at least the notice period end date but not sure what is the law on this.

The right to complain against a client company for abusing their right to sue

Q: My partner and I are now residents of the UK but while we were in the UAE, there was a company-to-company deal signed with a client. In between the completion of the contract, our company was transferred to someone else in the UAE. This person continued to honor the contract with the client. But now the client is pursuing a personal legal case of misrepresentation in the UK against us, saying we misrepresented facts to their employee and got them to sign the contract. We are mentally & monetarily being harassed by the client. My questions are: What kind of counteraction in the UAE could we take against them for threatening us with legal proceedings and harassing us without any legal reasons and despite the contract not having any clauses against which we did the deal? Also, is there mental harassment recognized in the UAE courts?

Liability of the guarantor if the person who took a bank loan stops paying

Q: Please help me. I signed as a guarantor for my friend in her bank loan and they asked me for a security cheque. My friend was on a partner visa and now she is cancelled and cannot pay anymore. I gave my cheque already to the bank and signed as guarantor. Is it possible that the bank can give me a case if my cheque is zero? My friend is still here on a visit visa now. She doesn`t pay her loan anymore. I am scared that I have a travel ban and case now. Please give me clarification.

حساب الإجازة السنوية لدى الاستقالة

س: موظف لديه 40 يوم إجازة سنوية وقدم استقالته وتم حسب مكافأة نهاية الخدمة. كيف يمكن حساب إجازته السنوية؟

Does the bank have the right to suspend an account subject to inheritance?

Q: Does the bank in the UAE have any right to suspend an account that is just set up with an inheritance just because they don`t have the insurance code while attempting a transfer to the US?

استرداد الأموال بعد التخلف عن دفع الأقساط

س: لقد اشتريت فلتين وشقة من مطور عقاري ولم أسدد أي قسط بعد شرائي الأول وجهّزت الفلة الأولى ولم أستلم واليوم علمت أن دائرة الأراضي في دبي شطبت اسمي. هل أسترد أموالي؟ شكرًا!

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A debtor is not responsive. What to do with the cheques?

Q: I have invested a substantial amount of money in a private school in Sharjah. It is owned and managed by my former department head. I am a "loan investor" of the school which was established in 2017. They issued me 2 cheques which are due on Sept. 17, 2021. When I contacted her (my former head), she said that I should wait until the end of the month of September. The problem now is, she is no longer responding to my calls or messages through FB Messenger. Even calls from my brother who is residing in Dubai are also denied. She is ignoring my effort to talk to her. What advice can you give me in this regard? By the way, I am residing now in Bangkok, Thailand. The cheques issued and the contract are in the name of my brother since he is residing in Dubai. Please give me some advice on how to deal with this concern. Thank you!

What to do against an ex-girlfriend's rage and nuisance caused to neighbors?

Q: My ex-girlfriend has a raging temper and comes to my house to fight. If I don`t open the door, she continuously rings the doorbell and bangs on the door creating nuisance and harassment to all occupants and neighbors. Need help to restrain her from this problem.

Filing case against a carwash due to destroying the engine of a motorcycle

Q: We had our brand new motorcycle for a carwash. It did not start afterward. We brought it to the showroom shop and they said the water and soap got into the engine and mixed with the oil. In short, the bike is fully destroyed. It is brand new, bought only on September 17. We went to the carwash. They won`t take liability because, to them, they just washed it. Before I file a complaint, I need a lawyer`s advice on what to do in this case.

How to claim back a cheque issued to a broker to reserve aproperty?

Q: A broker told me that to reserve a villa unit, I have to give a 50k cheque and assured me that he will not send it to the bank to be encashed; it is just for reservation purposes. I told him clearly I don’t have funds and not to deposit my cheque until I confirm him to present it. I liked one unit and asked him to reserve it but to make sure not to deposit the cheque until I give him confirmation for the same. He didn’t wait for my confirmation and called me saying the cheque got deposited but I refused and told him strongly to take back the cheque from the bank. I managed somehow to hold the cheque from banking and the sales guy offered me to stop the cheque and make a payment of 20k which will hold back my cheque. He also said he will return back the cheque to me, and with this agreement, I paid 20k through a credit card. I got online payment receipts also. After this transaction, the sales guy went out of the UAE and came back after 10 days. But still, I did not get my cheque back nor the new reservation form. Every time I ask him about the cheque he says it`s in process.

Can you buy a property on mortgage and get residency in the UAE?

Q: To get residency in the UAE, can I buy a property that is financed worth AED 1 million or it must be fully paid in cash?

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Does the non-compete clause restrict working with competitor under different designation?

Q: I have been working at a company for nearly 3 years under an unlimited labor contract as a Software Engineer, but the labor contract states that I am working in sales. The contract states that I am not allowed to work for a competitor for a period of 2 years in the UAE. I have got a job offer from a competitor with almost double the salary. The job offer is as a Software engineer. Will the non-compete clause be valid keeping in mind that the new job does not match my labor contract role? If yes, can the old employer prevent me (ban) from moving to the new role and can they file a law case?

What action can be taken against the company for reducing salaries without consent?

Q: Good day, I am working for an LLC company in Sharjah for the past 4 years under a limited contract in mechanical engineering. I am noticing the salary deductions every month for my team for the less sales figures and deduction from settlements for visa cancellations. 1) Can the employer deduct visa charges and dispute payments from the clients from employee settlement? 2) Can I register a complaint against this and how far it will be favorable on my side (real rime frame and expenses)? Since my employer is financially strong and legally sound in the UAE, the company is taking wrong actions likely salary deductions for less sales figures, deduction in settlements and leave salaries during the end of the contract and imposing competitor clause by altering the documents during the renewal. Kindly advise legally.

Can I still claim my labor dues after signing the visa cancellation papers?

Q: I resigned from my company because I had a better job offer. The previous company did not pay me all the salaries and end-of-service benefits with excuses that they are not doing very well but that in the next few months they will deposit money on my account. I signed the visa cancelation paper not knowing that it is stated that I received all the dues that the company owes me. Since my resignation, it has passed a couple of months and I still haven`t received anything. The last time when I asked, the company representatives told me that they will not pay me and I can go to court. Do I actually have a legal ground for a complaint regarding the statement on my visa cancelation paper?

تأثير شرط الإعفاء من المسؤولية المترتبة على الفعل الضار على الاتفاقية

س: السلام عليكم، إذا وجد أي بند في اتفاق التحكيم يحتوي على الإعفاء من المسؤولية المترتبة على الفعل الضار، فهل يُبطل اتفاق وشرط التحكيم؟ وهل هذا الشرط يخالف النظام العام؟ وما أثره كليًا أو جزئيًا على بطلان اتفاق وشرط التحكيم ككل؟ وما أثره بشأن وجوب التوجه إلى المحاكم المحلية مباشرة؟

المطالبة بالمستحقات العمالية من خارج الدولة

س: أنا من الجزائر. عملت في شركة بترولية إماراتية بالمناوبة شهر بشهر حتى مارس 2021. كنت في عطلة ولم أستطع العودة للعمل بسبب غلق الحدود بسبب جائحة كورونا. اتفقت مع ممثل الشركة على ترك الشركة على أن أحصل على مستحقاتي حالما تُفتَح الحدود. حينما فُتحت الحدود اتصلت بهم وللأسف قالوا لي ليس لك حقوق عندنا. هل يحق لي رفع دعوى قضائية؟ وما الإجراءات؟ شكرًا!