Questions & Answers - Legal Advice Middle East

How to accelerate cancelation of visa to join another employer?

Q: Hi, I was working in a private company since 2018 and I renewed my contract last 2020, then I found a new opportunity. I`ve submitted my resignation letter last May 2021. I asked only for a 15 day-notice because I need to start with the new company. It took 2 weeks before they approved my resignation. Now I`m begging for my cancelation, but they`re always saying that it is in process already. Can you give me some advice?

How to remove an absconding complaint and clear overstay fines to get a new visa?

Q: Hi, I had a visit visa (job seeker) and it expired before I get a job. So now I have an overstay fine and they have put an absconding case on me. I think it was from immigration. Is there a way to remove the abscond (without me going to immigration) so I can get a new visa after taking care of the fines?

إرسال عروض عمل لموظف بعد رفضه العقد المقدم من منشأته

س: في حال رفضي للعقد لأي سبب من الأسباب بالمنشأه الموجود فيها حاليًا، هل يحق لأي منشأه أخرى إرسال عقد عمل لي؟ أفيدوني بارك الله فيكم!

What to do after facing a credit card case by the bank and payment of a fine?

Q: I lost my job in March 2020. Had a loan payment and credit card payment going with the bank. I could not pay the loan EMI, the bank filed a case and I had to pay the fine of AED 10,000/-. At this point, I`m still jobless and unable to pay the credit card minimum due since April 2020. My query - 1- I don`t remember giving any blank cheque for a credit card since it was issued by the bank without my request, can they still file a case? 2- In the meantime, if I get a job, can I open a salary account with a different bank?

How to avoid a case by the bank for defaulting on loan instalments?

Q: Hi Sir, I have a personal loan with a UAE bank, the amount was AED 240k. I paid 6 months, the remaining amount is 200k. My security cheque amount is AED 288k. Unfortunately, I am not getting a salary from my company so I can`t pay the EMI. Currently, 2 months are overdue, the collection department people started harassing me. I sent all the relevant documents to the bank related to the salary issues... etc., but no help from them. Can I know what will be the penalty & jail term for it? Still, I am staying here in the UAE.

Who will be granted the custody of the dog after divorce?

Q: Dear Sir/Madam, I’m thinking of getting a divorce but I want to make sure the dog will stay with me. What impacts court decisions about who should look after the pet? I work from home, my husband works 9h/day at the office. The municipality tag is registered in my name but we bought the dog from the joint funds.

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What can you do when the POA agent breaches the trust and steals your money?

Q: We left a POA to a person in the UAE and left the country. Instead of finishing our issues, he completely cleared our account. What legal action can we can take? The amount is 275k Dhs. Thank you

The basis for calculating accrued annual leave days upon resigning

Q: Dear Madam/Sir, I am employed under a JAFZA contract, and at the end of June, I`m leaving the company and the UAE. My position is a manager and I am office-based. My employment contract is based on 5 working days per week (Friday and Saturday off). When I take my annual leave, only the weekdays are taken for my leave balance calculation (i.e. 2 weeks off costs me 10 days leave). I still have an outstanding leave balance of 12 days over 2021. The company will pay out these days with my final salary. However, I have my doubts about the way they calculate the value of these days. They take my monthly salary, divide this by 30 days, and multiply this by 12. But in my opinion, since I have a contract based on 5 days per week, they should take my monthly salary and divide it by 21.75 days instead of 30 days. I would like to know what is the correct way to calculate this, and how this is described in the UAE labor law. Thank you very much in advance. Kind regards, P.

How to sue an employee for forging documents to make business dealings?

Q: My secretary forged my documents and made business dealings without my consent. What are my legal rights? What is my legal recourse?

What are the court procedures in the online hearings of a labour case?

Q: What goes on in a typical labor case of a claim, denial of salary, EOS... etc. in the virtual court of the first instance? The memorandum and the statement of claim are already submitted. Do we have to talk to the judge?

How to return back to the UAE after getting deported for HIV?

Q: Good morning, We have a company in SHAMS Sharjah, My business partner, age 29, from India, was here last year in November 2020 to get his partner visa. But unfortunately, he was medically unfit and then got deported after doing all the formalities because of HIV. But now my business partner is completely fine after taking 6-7 months of treatment and got a clearance certificate from the health authority as well. He is completely fine now and undetectable, which means nontransmittable. My business partner wants to come back to Dubai because he has invested in the company. Is it possible for him to get back? If yes, please let me know how to proceed. He has already stayed in Dubai for 5-6 years. We want to remove his deportation, so he can come back to Dubai. Best regards, K. M.

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How to agree on the applicable law for divorce if the couple seek different laws

Q: Hi, I had a question regarding starting divorce proceedings in Dubai. My wife and I are Australian citizens, Dubai residents. We are originally from India, married in India as per Hindu customs. We have two kids (23 years & 14 years) both Australian passports also. She wants to apply the UAE law for the divorce and I want to proceed as per Australian law. Can you advise how the court will rule and which country law should apply?

What is the validity of a divorce order by Dubai Courts in India?

Q: I am an Indian expatriate and I have been granted divorce recently by Dubai Courts. During the last two hearings, my wife was not present. Would it be considered an ex-parte divorce or a contested divorce? Also, would this divorce be valid in India? * I have read that the UAE Notified As A Reciprocating Territory Under Section 44A Of Civil Procedure Code. But I am not sure if this divorce would be valid in India.

Removing an immigration ban issued due to an old labor issue

Q: I have an immigration ban from Dubai (2011) due to an old labor issue with my previous employer. I need to get this ban removed as I am working for a Dubai-based entity and need to travel to Dubai for official visits. Please don`t expect any assistance from my previous sponsor. Kindly advise!

How to register a will for allocating assets in the UAE?

Q: I am a non-Muslim expatriate in Dubai. I have 2 apartments and bank accounts in Dubai. I have only a daughter who is abroad (my wife passed away). How to make a will and register that in the cheapest way in Dubai, so that the properties and cash in accounts will go to my daughter?

Is it possible to get an experience letter to apply for another job?

Q: Good afternoon, I am a doctor working in Dubai. I am on a 2-year contract which is due to expire in 5 months. In the interim, I want to apply for another job, for which I need an experience letter from my present employer. However, my present employer is refusing to give me a letter saying that it is company policy not to issue a letter if the purpose of the letter is to apply for another job. Is it consistent with the UAE labor law to refuse to give employment letters to employees before the end of the service? Thank you!