Questions & Answers

س: السلام عليكم أخي خليفة، لدي استفسار بشأن مبلغ مستحق للبنك حوالي ١٥٠٠٠. قسم التسوية والتحصيل أبلغني أنهم فتحوا بلاغ في الشرطة والحين لا أستطيع السداد. هل يصدر ضدي منع من السفر في حالة عدم التسوية؟

Solution to resign and travel back to home country

Q: Hi Ma`am. My name is A. K. I am from India. I am working in a manpower supply company. I came to the UAE on Jan 26.1.2021. My work started on 24.2.2021 and my visa is a limited visa. But my visa approval after the medical date was 2.6.2021, four months after the company arranged the medical. Now I gave a resignation letter but they rejected my resignation letter. I want to go to India, what do I do Ma`am? Please give some solution.

How to leave the company and take another offer if the current company refuses?

Q: I got a new offer letter from another company & submitted it to my current company but they refuse to give cancellation. The reason they say is that I have 6 months remaining to finish my visa now & this is my 2nd visa in the same company. What can I do for leaving here & join the new company?

What to do if the company deducts your salary without your consent?

Q: Good morning Madam, I am a field service engineer working in a private company. My company deducted 40% of my salary for 8 months from Feb 2021 until now without getting any consent from me legally. I complained to MOHRE more than 3 times for 8 months & dispute settlement is delayed by my company. MOHRE is also trying their best to resolve but it is delayed by the company and my visa is getting over by the end of next month. My company wants to take this to court. Please advise & give your valuable suggestions.

How to remove a wrongful absconding case and travel back home?

Q: Hello Madam Hopefully, it’s a beautiful morning over there. I would like to know how to help my sister who’s stuck there in the UAE over absconding from work. It was a family emergency whereby the employer accepted her to travel back to Uganda, unfortunately, the pandemic had started. On reaching the airport, she had some missing paperwork to travel related to COVID-19 tried to reach her boss but he couldn’t help her. So she tried to reach out to her friend. But when she tried to get the full paperwork, her employer had filed an absconding case on her visa and she couldn’t travel back home.

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How can the labor execution be enforced after finishing all the steps to get paid?

Q: Hello. I filed a labour case last year against my old employer; I`m still on their visa which expires next month. The amount I was claiming for was AED 190,000 which is 3 months salary along with another 3 months that I am entitled to for delay, plus flight ticket... etc. I won the judgment for AED 100,000 plus 9% interest on this amount (unclear from the date of filing the case - or the date of the judgment given). In any case, the amount is over AED 160,000 min today. I have also filed for execution and we have now also requested a travel ban - arresting them - freezing all bank assets... etc. I`m still waiting to get paid. We have informed the old employer and they stall by saying they will speak to their lawyer or they will contact me. Nothing of the sort will be done as they are just delaying and I don`t know what they are playing at. When will I get the funds and how much longer will this take?

The witnesses of an inheritance case

Q: Hi Rajasree, Wishing you a good day! In regards to inheritance cases, for the witnesses, does it only need to be male witnesses? Can these witnesses be of any nationality? Do they need to be related to the person registering the case? Thank you in advance! Sincerely,

A case against the employer for not issuing visa for one year and holding salaries

Q: Hi, I am working for a mainland company operating in Abu Dhabi. The company didn`t complete my visa in more than a year and I complained to MOHRE for unpaid salaries, non-payment of overtime. After complaining and when MOHRE started investigating the matter, the manager lied that I was not working with them and now only one month I started to work with them. They lied also that I suddenly leave the store and did not come back on duty after. But in fact, I started to come back on duty after registering the complaint. The employer was not going to pay I was assured, and earlier many times he verbally also told me I will lose the job if complained. My case was transferred to court from MOHRE and I have given a memo of rights but the employer didn`t attend any hearing and now they will give a verdict after two weeks. My question is if I go for the execution of the judgment the same day I receive my judgment copy, can the employer appeal or he will lose the right to appeal once I make an application for judgment?

How to expedite the execution of a labor judgment?

Q: Will the court give me the full benefits mentioned in the memo? Or will they analyze the evidence submitted and give a verdict on the basis of this evidence? I want to recover my money and I don`t want to delay it as I`m sitting jobless. I don`t want to give appeal time to the company. What do you suggest to me? Should I rush for an execution application after judgment or still the employer can appeal even if I register for execution? I need advice. Thank you!

Asking an employee to pay money to get the cancellation letter

Q: Hello, My cleaner`s (laborer) visa is expiring in Nov 2021. I want to renew my visa with a new company. The old company which had given the visa is charging me 1000 AED for the cancellation letter. Is this legal? If not, how can I complain and get a cancellation letter at a proper price? Thank you for any guidance!

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Status of a rental case is still active after the case is closed

Q: Hello, Good morning, I hope you can help. Below is the summary of my case. My question relates to a rental dispute where the landlord refused to return the full deposit. The land department created a case. The landlord has now paid the full deposit and I have paid the AED 20 to close the case. The case has a Status of Closed, however, in the “In Progress case” section, the case has a Status of “Active”. I need to know if this case is actually Closed or any action is needed from my side.

How can I get my labor rights from company with an expired license and no assets?

Q: I have just left my previous company as I was owed around 10 months of salary across the past 18 months. I had worked there for over 10 years. They now want me to sign a settlement that forgoes my claim to gratuity and any salary not paid last year. Instead, they will pay me over the next 10 months 10k per month plus a 50k `thank you`. After doing some investigation I have discovered that their trade license expired in November 2020. Will I be able to make any claim against them as they don`t have a valid trade license? Also, the owner is currently in the UK and I have no idea if he plans to return. The company was in a torrid state when I left in terms of their finances. Hence I was thinking of getting what I could from them as I don`t believe there are any assets worth selling as it`s a service industry and that any hope of getting what I`m due seems unlikely. Advice?

Repercussions of resigning before one month of contract expiry due to harassment

Q: My contract is ending on October 19, 2021. I have resigned from the company last September 18, 2021 (limited contract) because of harassment I have been receiving from the CEO and employees of the company due to the manipulation and politics from the CEO. I have not continued working in the company since September 19, 2021, because of the harassment from the company which is risking my health condition. First question, since my visa is expiring on the 19th of October, do I need to approach the company to cancel my visa or will my visa expire and will be cancelled automatically without me going back to my employer and ask them to cancel my visa? Second Question, I know the legal consequences of breaching the limited contract, compensation of the remaining no of days from the contract and labour ban of 6 months. Can I avoid these? Can I get another working visa from another company if I get banned?

Can I study in the US or UK and then become a lawyer in Dubai?

Q: Can I study in the US or UK and then become a lawyer in Dubai?

Signing the employment contract on behalf of the worker without consent

Q: I have had a domestic worker ‘nanny‘ under my sponsorship for 7 years. She decided suddenly to terminate our existing contract which will end after 4 months and ran away with her boyfriend! Tried to negotiate with her to come back till I search for a replacement but unfortunately, she did not agree. I usually take her with me to renew her working visa and contract in TADBEER. But last year, after reaching there, my son was sleeping in my car and she stayed with him. I had to sign the work contract on my behalf and her behalf in front of the officer who told me it is ok as she was our nanny for 6 years that time. I’m not sure if I finger stamped on her behalf or not. My question is: can she file a case that I signed on her behalf on the maid contract? If she did this, what will the consequences be on me? Thanks!

Can I travel to my home country if I file a case for my labor dues?

المنع من السفر في حالة عدم تسوية قرض بنكي