Questions & Answers - Legal Advice Middle East

Can the employer force the employee to renew a limited contract upon its expiry?

Q: I`m working as a security guard for the last 3 years in Dubai, since June 2018 and still working. My visa is going to finish in August 2021. I don`t need to renew my contract again but my employer is accepting my resignation paper before 45 days. They are forcing to renew the contract. If my visa is finished, can I go to my country? Also, my passport is going to finish this August after my visa expires. Can I complain at the police station?

Rights of the employee in case of termination during probation for poor performance

Q: I am working in Dubai under probation. If my employer terminated me and canceled my visa because of the warning letter that I received stating poor performance, do I get a ban and can I claim my last salary?

Right of the wife to claim custody in the UAE after losing it in home country

Q: My ex-wife and I are of the same nationality, non-muslim. We were married back home and divorced back home in Feb 2021. The court granted custody to me. I live with my children here in the UAE. The children are 16 and 9. She refused to go back home and now is an illegal alien in the UAE having an expired tourist visa. She threatened me to go to court here to take back custody. Can she do that?

What is the expected punishment for testing positive on drugs in the UAE?

Q: My friend was caught 2 months ago for an attempt of promoting drugs. 3 days later, I was taken for questioning and they did a test which was positive (crystal meth) and I was released on the 3rd day. A few days ago, I received a message saying I should attend a court hearing this 30th. My question is, will there be any deportation? Or will I have to pay a fine? I was caught for consumption only, not promoting neither possession.

Selling the company and handing its bank account without the consent of one partner?

Q: I had a trading company in the UAE with a local sponsor of 51%, myself and my partner 49%. We have a joint signature company account in a bank. I left the UAE and was not able to return back. 1. Can my partner operate that company account without my consent/approval? 2. Now my partner has sold that trading company to another person. Can the bank allow that company account to operate? Please advise. Can you provide services for the above on my behalf?

Can the landlord force to renew tenancy if you miss a few days of non-renewal notice?

Q: We notified our landlord that we do not wish to renew our lease contract 75 days before its expiry date. He told us we had to notify them 90 days prior therefore he will automatically renew the lease for one year. After some back and forth, he said we must extend for four months and he will increase the rent for these extra four months. We offered to pay for the days we missed in notifying and we requested to stay for 2 months extra with the same rate but he is refusing. Our contract does not have a penalty clause if we fail to notify 90 days. What do we do?

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Asking a tenant to evict an apartment because it is sold

Q: Hello, I had taken an apartment for rent expecting to live there for 4-5 years. Considering it, I had spent a lot of money on moving in arrangements for the apartment. After 3 months of moving in, the owner said he sold the property to someone else. Then the new landlord comes and shared all details of the takeover, and sent me a legal notice to evict the property exactly one year later because the new landlord is coming to stay there. What can be done to protect the situation? As I know this is quite within the legal grounds, so cannot complain, right? But in the future, how can I protect my situation? Maybe by a multiple-year contract? Is it valid? What can I do to protect my existing situation, etc? Could you please help?

The employer refuses to release the employee at the end of a limited contract

Q: Hello, I have been working for my employer for 2 years under a limited contract, and the expiration date is after one month. I’ve told my employer that I am resigning and not renewing the contract. He refused to accept my resignation. But I am going to work till the expiration date of my contract. Can I open a case in advance (before my last working day) that he is not cancelling my visa? Thank you.

How to claim the remaining amounts unpaid by a company after delivery of goods

Q: Our company (Ajman Freezone) has delivered goods to a company in Mainland Dubai. The payment terms agreed on 30% on order confirmation and 70% on delivery of goods to the warehouse in Dubai. The customer paid 30% on the order confirmation and failed to settle the 70% on delivery of the goods to their warehouse. Upon confronting the customer that he failed to comply with the payment terms, he asked to pay in installments. We agreed on five monthly installments and the customer confirmed the date and amount of the payments via email. Oct 2020, November 2020, December 2020, January 2021 and February 2021. He failed to pay December 2020, January 2021 and February 2021. Since then he has been avoiding us, and only when we keep pressuring him, he pays small amounts, which are not equal to the monthly installments agreed upon. The installments were confirmed, but not handed over as PDC. Kindly advise what can be done in this case and if it is feasible to go to court.

تكليف المدعي في دعوى عمالية بدفع تكاليف الخبير رغم أنه لم يطلب خبيرًا

س: تقدمت بدعوى عمالية وقدمت مذكرة توضيحية ومستندات وفي أول جلسة طلب القاضي مذكرات ختامية من الأطراف وفي الجلسة التالية "جلسة المرافعة" عيّنت الشركة محامى والمحامى طلب في مذكرته ندب خبير حسابي وحُجِزَت للحكم. حكمت المحكمة بندب خبير وكلفتني أنا بدفع ٨٠٠٠ درهم للأمانة على ذمة أتعاب ومصروفات الخبير. مع العلم أني لم أطلب تعيين خبير والشركة هي التي طلبت تعيينه. شرحت في المذكرة الأولى التوضيحية أنني لا أتقاضى الراتب وليس لدي مال ومديون. لماذا كلفني القاضي بدفع الأمانة؟ السؤال: هل هذا مؤشر لي أن القاضي رأى أنه ليس لي الحق في الدعوى؟ ما وضعي إذا لم أدفع الأمانة (ليس لدي مال)؟

Can the landlord notify the tenant and run checks randomly on the property?

Q: If the owner or his representative wants to visit the property, the owner will give prior notice of 48 hours (2 Days) in advance. Is this legal? While I am staying in the apartment, the owner wants to come in and randomly do checks.

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What to do if you default on commercial lease and get a bounced cheque judgment?

Q: I have got a decision against me from RDC for 1.5 million. I issued the cheque but the contract is in somebody else`s name. Also, the manager is another person but I issued the cheques of my company. I want to know how RDC will start the implementation of judgment because I lost all of my business during Corona.

Inability to pay the installments of an property after its completion

Q: Hi, I purchased an apartment in 2018 which was ready or completed property. I paid the down payment, then after Corona, I was not able to pay the installments. Can I get my down payment back? Or they will take it? And if yes, will they, by the court, force me to pay the full amount of the apartment and go to jail?

تحميل العميل المتضرر المصاريف الإدارية عند فسخ عقد عقاري

س: مرحبًا، اشتريت وحدة عقارية في إمارة عجمان عبارة عن محل والمفروض الاستلام في سنة 2018 وتم التمديد حتى 2019. نسبة إنجاز المشروع حتى اليوم لا تتعدى 57%. كانت هناك مخاطبات بيني وبينهم ولم يتم التوصل لاتفاق. قمت بمراجعة دائرة التنظيم العقاري وتم الاجتماع مع المحامي والاتفاق على إرجاع وسحب المبلغ المدفوع من قبلي كاملاً من حساب الضمان بالتراضي بين الطرفين وقد وافق على ذلك محامي الشركة. الآن حين تابعت الموضوع مع المحامي، قال إنه سيحضر عقد الفسخ وسألته هل سيكون المبلغ المُستَرد كاملاً لأنه من حساب الضمان؟ قال سيتم خصم نسبة باعتبارها رسوم إدارية وهي نقطة الخلاف معهم؛ فهل يُسمَّى العقد فسخًا؟ وهل يحق لهم اقتطاع نسبة من المبلغ المسترد من حساب الضمان؟ علمًا بأنني أستحق أيضًا مبلغًا تعويضيًا يجوز أو يحق لي المطالبة به. يُرجى الإفادة وشكرًا!

Defending a labor appeal filed by an employer after winning the labor case

Q: Hi, I have won a labor partial case of DHS 8400 and after the final judgment, my employer has registered a labor appeal case against me and has put an allegation of 20K on me instead. On the first hearing, the judge told me to reply to the memorandum that the company submitted and when I visited Al Adheed center, they advised me not to reply to the memorandum as it is not needed because ultimately their appeal will be canceled as the claim value of the case is less. My hearing for final judgment is now decided for next month. I`m still scared that I may not receive my payment and instead, I may I end up paying 20K to my employer. Also, please advise what happens after I lose this appeal case. Please advise!

أنصبة ورثة امرأة واستئثار أحدهم بالموروث دون الباقين

س: سيدي المحامي، لدي مشكلة تتعلق بالورث. إذا ماتت امرأة لديها بيت و3 بنات وزوج وأب وأم و5 إخوة، فمن يرث؟ وهل يستطيع أحد الأطراف طرد البقية من البيت؟