Questions & Answers - Legal Advice Middle East

What can you do when your employer rejects your resignation?

Q: Hi Sir, My name is A. K. I`m from India. I came to Dubai on 26-1-2021. My company gave me the first visit visa. My work start date was on 24-2-2021 after my employer visa approval date on 2-6-2021. After four months, I got the employment visa and now I gave the resignation letter. But my employer canceled my resignation letter and I worked with my company for 8 months. Now I want to go to my country. What can I do? My visa is a limited visa. Please help me, Sir.

Withholding the end of service and passport upon accusation of theft

Q: I am falsely accused of theft in the company where I work by my colleague due to a mistake I have done. This mistake has opened a door of false accusations and led to my termination, withholding my end of service and passport by the company. I need advice on what should I do!

Claiming back money paid to contractors for failing to perform their obligations

Q: Would like to file a case in Dubai against a real estate company. They were supposed to build my villa in Marrakech, Morocco. Nothing was done after 5 years. I have paid $ 200000 so far and want my money back. Please advise. Thanks

Paying the gratuity in case of transferring an employee to another company

Q: Hello, I have been working with a free zone company for the past 4 years and as a part of rebadging, I am being transferred to another company. My current company is denying my gratuity stating that it has been transferred to the new company which I am going to join, however, my new company has clearly stated that no such agreement was made and my current company is responsible for paying my gratuity. Please let me know how can I proceed as my current company is not giving me my gratuity?

Checking the pending cases to issue a police clearance certificate

Q: Hi, I currently live in Canada and would like to get a Police Clearance Certificate for immigration purposes (to apply for permanent residence). I tried online twice but I have failed. I worked in the UAE (Abu Dhabi & Ajman) from 2013 to 2016. Unfortunately, I had to leave the UAE without informing my employer, bank, tenant, etc. due to my wife`s emergency medical situation. I never returned back to the UAE. Later, I got to know that my employer has put me abscond. I would like to get assistance with checking for court cases filed against me. Thank You!

الخطوات التالية لقبول الاستشكال

س: السلام عليكم، سؤال في قضية إيجارية: سكنت لمدة ستة أشهر في أبوظبي كمستأجر بعقد موثَّق، وكانت الكهرباء والمياه على المؤجِّر. دفعت نقدًا قبل السكن ومعي الإيصالات. في أول شهر من الإيجار أخطرت الشركة المؤجِّرة بعدم التجديد (إيميل) نظرًا لسوء حالة الوحدة، وأخليت العين بشهادة شاهدين قبل انتهاء العقد ب 3 أيام، وسلَّمت المفتاح لمدير الشركة في مقر عملي أمام الكاميرات وبشهادة زميل لي. انتقلت بعدها لسكن آخر موثَّق أيضًا على بُعد ناصيتين وهذه المرة بحساب مياه وكهرباء منفصل. بعد مضي 4 أشهر على انتهاء العقد، قامت الشركة بتقديم طلب لدائرة القضاء في أبو ظبى مطالبة بإرفاق العقد الموثق بالصيغة التنفيذية و"مطالبتي بالإخلاء والقيمة الإيجارية عن 6 أشهر أخرى وبراءة ذمة المياه والكهرباء"، وهو ما أيدته لجنة الإيجارات، وبعدها بيوم أحالت الطلب للتنفيذ. قدمنا استشكالاً في اليوم التالي لـ"القضية التنفيذية"، وكان الرد بعد عشرة أيام بالقبول. هل هذا يعني إسقاط القضية أم لا؟ وإن لا، فما الخطوة التي يمكننا إثبات موقفنا بها (بعد 21 يومًا من الطلب)؟

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Signing a document that the employee did not meet the company’s conduct standards

Q: I recently concluded employment after the unsuccessful completion of my probation. It was an amicable departure. Two weeks following my official end date, I was requested to sign a termination document acknowledging the end of probation and its outcome. It was OK to sign this, however, the document stated that I did not meet the company’s conduct standards. My conduct was impeccable and has never once been questioned during this role or my career (over 12 years), where I have been a model of professionalism. I feel disparaged but the company says it’s a standard “template”. Is this legal or can I ask them to remove misleading sentences about my character?

What can a person do if other family successors are holding from him inheritance info?

Q: A UAE national family member is not getting the assets list as the other family members are not providing it to him. Where can the person get the assets list of his father`s assets from? He already gave a POA to his brother. How will he get his inheritance?

How to issue a Police Clearance Certificate for immigration if there's a possible case

Q: Hi Eman, I am K. R. D. C. G., currently live in Canada. I worked in UAE (Abu Dhabi & Ajman) from 2013 to 2016. I would like to request a police clearance certificate for immigration purposes (For Canadian Permanent Residence). I have tried twice online but have failed. In 2016, I had to go back to Sri Lanka due to my wife`s medical situation (she was pregnant). I quit my job & left the UAE without informing my employer, banks, landlord... etc. & I never went back. I have my Expired Emirates ID with me. Please advise.

How to remove shareholder's name from a professional license?

Q: How can I remove my shareholder name from a professional license in Dubai economy? And how can I cancel my partner visa from this license? Kindly help me!

The eligibility for a renewable retirement visa

Q: Hi, I need to know the eligibility and process of obtaining a retiree visa for someone who got retired after working for 15 years at a reputable organization in Dubai. He has a real estate investment in Dubai worth over AED 3 million. Appreciate it if all the details along with the cost are passed on to decide about it. Thanks and regards,

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The applicability of an immigration ban issued in the UAE to GCC countries

Q: If I have an immigration ban in the UAE for unpaid debt (bank loan), will it be applicable to other GCC countries like Saudi Arabia, Qatar, and Bahrain?

The handover is delayed and the size of the property is changed. What to do?

Q: I have purchased a property that was due by the end of 2018. A few days ago I have received a notification that the property is ready for handover, however, during the "snagging" I could see that the building will take at least few more months to reach completion! Mashrooi states 92% completion only. I asked the developer for compensation for the delay - according to the contract, it should be 1% per quarter which should be 11-12% by now (3 years), however, he is saying he will do a maximum of 7%. In addition, the drawing of the unit in my contract differs from the actual studio. The outline is different and the size of the unit is 35 sq. m. vs. 50 sq. m as shown on the drawing. The developer points to another page where the 50 sq. m is stated as a gross area rather than a net area. However, if placed directly under the drawing of the studio, shouldn`t this refer to the net area? With the difference in size as well as the 3 year+ delay, do I have a chance to ask for a refund of my 50% investment?

Filing a case against a defaulter for a crypto scam

Q: I believe that I am a victim of a crypto scam. I met a girl on tinder on 17/06/21 and after talking, we exchanged numbers. She onboarded me to Binance using step-by-step screenshots, helping me to set up an account. She then asked me to set up an account on another platform which I now believe is a fake platform. Over a period of three months, she consistently encouraged me to deposit more and more money, and I was making huge returns. In total, I deposited around 250k USD and supposedly had returns of 850k USD. But just recently when I tried to withdraw some of this, my withdrawal was declined and customer services told me I had to pay 150k USD in tax in order to access these funds. I was very suspicious now and refused to pay. It was at this point that customer service stopped replying to me. I hope I can recoup some of the losses and this person can be brought to justice.

هل يمكن لوافدة مخالفة أن تتزوج من مقيم وضعه سليم؟

س: أنا مخالفة في الدولة لكن خطيبي معه إقامة. هل يمكننا أن نتزوج رسميُا أم يلزمني تعديل وضعي؟ شكرًا أرجو الرد!

The right of a successor to obtain a list of assets for his late father

Q: Hi My father passed away. I stay out of Dubai and my brother asked me to give an absolute POA. I gave them, and now I ask them to give me the assets list and they are making excuses. Where I can get a copy of the assets list for my inheritance from? I am a UAE national. Thanks