Questions & Answers - Legal Advice Middle East

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!

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!

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هل يمكن للزوج منفرداً نقل دعوى طلاق من الإمارات إلى البلد الأم؟

س: السلام عليكم أنا وزوجي أردنيين مقيمين في الإمارات. قدمت لطلاق الضرر وحضرنا جلستين مع التوجيه الأسري ولم تتنتهِ القضية. هل يستطيع زوجي نقل القضية لإكمالها في الأردن مع رفضي؟ أريد إكمالها في الإمارات. وشكراً

Counterclaim by the employer to case and resignation for salaries non-payment

Q: Hi Good Day. I already complained in the labor (delayed salary for 4 months) and the day after that, I gave my resignation to my employer. However, our first mediation is not settled. After 10 days, my employer filed a complaint that I resigned from a limited contract while my complaint is still active. I still didn`t receive the mediator call from my employer`s complaint but just want to know how I can fix the issue that now I`m a complainant and at the same time, my employer has a complaint.

Is the permission of the first wife required for the second marriage?

Q: Dear. I am a Pakistani resident in the UAE. I want to make second marriage with a Pakistani girl here in the UAE. Do I need permission from my first wife? What are the documents required?

Can the business owner replace his local partner with his new landlord?

Q: Hi, I`m an auto garage owner in Al Quoz 4 and planning to relocate my garage business to Al Quoz 1. I have a local sponsor currently but planning to cancel him and make the new landlord my sponsor. Is it risky to make your landlord your sponsor & what are the things I have to ensure before taking this decision?

What is the best way to receive a big amount of money from family outside the UAE?

Q: Hello I wanted to ask if my family will send me money from Germany to the UAE, and the amount is 120,000$, what are the procedures? Can I receive them? And when can I withdraw them?

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Does a police call about bounced cheque mean that you have a travel ban?

Q: I got a message from Dubai police that the holder of the ID No. xxxxxxxxx has been circulated. The concerned person is kindly requested to refer to Muraqqabat Police Station as soon as possible. Does it mean I have a travel ban? I checked on the Dubai police app and it shows that a cheque of 60000 was bounced and the description of Crime for giving a cheque without balance in bad faith. Does it mean I have a travel ban?

What are the procedures to find the assets of deceased father?

Q: Hi If someone`s father is deceased and doesn`t know about his assets in the UAE, is there any way to find his assets?

A company is unresponsive after taking money to provide a Canadian residency

Q: I have applied for my Canadian residency file through a Dubai-based company. They promised me to got an offer letter from Canada and once I registered with them, they will send it to me. I paid AED 7000 and registered with them but now they did not send me anything and now they are not responding to my emails and calls. I have all emails, paid invoice receipts, and other proof available. I would like to take legal action against them. I am based in New Zealand and the suitable time to talk with you would be 8 am to 1 pm Dubai time. Thanks!

Punishment and charges for abuse and possession of narcotic substances

Q: I would like to know the punishment and charges for abuse and possession of narcotic substances listed in the table (1 2 4) for a group of 4 people. I also like to know how long will it take for the first hearing they got caught on 6th august 2021.

الاستقالة خلال فترة التجربة والبحث عن عمل آخر

س: مرحبا أعمل عامل بناء في شركة مقاولات. مضى علي شهر واحد في فترة التجربة ولم تصدر الإقامة بعد في عقد غير محدد وأريد الاستقـالة نظراً لإصابتي بداء السكري لأن العمل شاق جداً؛ 11ساعه ف اليوم. كيف أستطيع الاستقالة والبحث عن عمل آخر؟ ســاعدني وجزاك الله خير