Questions & Answers - Legal Advice Middle East

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.

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.

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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!

Is the employee obliged to pay overstay fines to employer to get visa cancelled?

Q: My previous company filed an absconding case against me in December 2020. The reason for them filing the case was down to the company refusing to pay the visa fines that had incurred due to not canceling or completing the residency visa. Within 60 days period, I approached immigration who told me to contact the company to apply for absconding withdrawal which I did. The company then requested I pay AED 4,800 to cover the cost of applying and withdrawing the case and cover visa fines. As I didn`t have that amount of money to hand, it took me a few months to get the money together. As of May 2021, the absconding case was officially withdrawn. Now the company is requesting I pay AED 8,500 in fines in order to cancel the employment entry permit. How can I go about waiving or reducing this fine? I don`t have AED 8,500 to pay the fine. The company won`t help me either. I am in a very difficult financial situation and have been offered new employment. Any advice would be helpful. Thank you.

Will the appeal court listen to the employer's fake allegations and judge in his favor?

Q: Hi, I have won a case of dirhams 8400 but my company has filed an appeal case and has put fake allegations on me of 20 thousand dirhams. When I went to submit the memorandum reply, 3 people have advised me that since the claim value of the case is less there is no need for any reply to the memorandum. My hearing for final judgment is now decided for next month. I`m still scared if I will not receive my payment and if I have to end up paying 20K to my employer. Please suggest. Also please advise what happens if I lose this appeal case.

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رفض البنك التسوية إلا بدفعة كبيرة

س: السلام عليكم ورحمة الله، في حالة رفض البنك التسوية إلا بتقديم دفعة أولى ويكون المبلغ كبيرًا والشخص ليس لديه هذه الدفعة، ماذا يفعل؟

Preparing for a court hearing of a labor case by an employee

Q: Hello, I have a few questions: 1. My first court hearing date is set for my labor case, has the employer been notified by Dubai court of such? 2. I have a remote hearing case in 2 weeks` time, how do I request a translator for the remote hearing beforehand? 3. I have already submitted all documents, what do I need to submit during the first hearing? 4. Will there be access to listen to what was said during the session after the court session is over? 5. In the event the employer does not attend the hearing, will they postpone or continue as normal? Thanks!

Is the seller responsible for the car faults after sale and insurance transfer?

Q: Hello Sir/Madam, I put an ad in one of the online portals for selling my used vehicle which I brought from a private person 4 months before. When I purchase it, the seller did not disclose to me the faults of the vehicle. One buyer came to me seeing my advertisement and agreed for 10,750/-. While inspection at ADNOC, they found that the car is having some issues. He agreed with me that he will take the car with the issues with a very low amount of money 3,300/-. I transferred the insurance, but could not transfer the car in his name due to RTA`s short working hours in Ramadan. Even I did not take any advance from him. Later one mechanical part got damaged. As a seller, I informed him as the buyer. Now he is saying that I have to fix it and sell him at a lower price than agreed. The repair may cost me around AED 1,200/-. Now I don’t want to sell at this big loss and I told him the same. But he is saying that he will go to govt. authorities. What should I do? Please help.

Suing a beauty salon for damages occurred during a standard procedure

Q: Dear community, Our relative is on a tourist visa in Dubai. She has visited a beauty salon yesterday in DIFC. A standard procedure has resulted in severe cut with continuous bleeding, in sensitive parts. The salon didn`t charge her and they followed up asking if she was okay. We bought medicine to stop the bleeding at home. We didn`t visit the hospital or a doctor, as we have an 8-month-old baby and it is not easy to do this. At this stage, we want to sue them for these damages, because it is yet to be seen how this will impact in the future. Kind Regards,

Can the company decide to cut the payments of employees without their consent?

Q: I`m a pilot and my contract with my company says that I will be paid when I`m on site in Abu Dhabi. However, they have decided not to pay me when I`m in quarantine in Abu Dhabi, I`ve never tested positive and always been ready for work. They are saying that they have a waiver from the government for not paying.