Questions & Answers - Legal Advice Middle East

Can the employee resign from a limited contract without getting banned?

Q: Hello there. I am working in a government organization here in the UAE. I was employed last January 2020 and was supposed to be a regular employee last July 2020. But last April 2020 they released a memo saying that all regularisation and promotions of employees will be on hold due to the pandemic and financial situation of the company. Up until now, I am still receiving a probationary salary. I wish to resign and transfer to a semi government company. Can my employer impose an employment ban on me if I resign? I have a limited contract by the way. Thank you in advance for answering my question.

Can the employee refuse to sign visa cancellation form before retaining his passport?

Q: I have been disputing with my employer to release my passport as I have informed them that I will not sign the cancellation forms for my residence visa till I get my passport in my possession as I`m aware that the employer has no right to retain my passport for whatever reason. The employer stated that they will only release my passport when I sign the cancellation form plus show them that I have received my new visa or leaving the UAE within the 30 days grace period. I have repeatedly informed them that they don`t have the right, but they keep telling me it`s a new procedure that they need to hold my passport till I get a new work visa or leave the country within the grace period. In my offer and my labor contract, there is no statement or I have given them a written consent in the first place to hand over my passport. Please advise if I can open a case with regards to this.

How can I cancel my visa during court proceedings and take a new job offer?

Q: Hi, I have filed a case in Dubai Courts against my employer due to non-payment of salaries. I also requested the termination of the contract. the Judge decided in my favor, but the company has appealed. Now I have received a new job offer, but I was informed in Al Adheed that until final judgment I cannot cancel my visa. How can I handle this situation and not lose the new work opportunity?

The following steps after registering the labor case online and paying the fees

Q: I have registered my case online and even received a link to pay the fees for the labor case. I have paid for it and received a receipt. What is the next step, please? I have no update from Dubai court.

Visa cancellation upon expiry of labor contract

Q: Hi, I am an employee in an LLC company and my contract is going to expire on 19 June 2021. Can you please guide me about the timeline for my current employer to cancel my visa as I have to join another company on 20th June 2021? My current visa will expire on 24 July 2021. Is it legal to work after the contract expiry? Can my current employer force me to do that? Thanks!

What rights and possibilities does the beneficiary have against the guarantor?

Q: What is the enforcement process of a personal suretyship? My maid agreed in writing to be the guarantor of a private loan (AED 10,000 + AED 2,000 interest fees) for a principal debtor against the beneficiary. The principal debtor left the country and is not available. What rights and possibilities does the beneficiary have against the guarantor?

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Can the employer cancel the visa of the employee before paying labour dues?

Q: Hi, Is there any law that can apply for illegal cancellation of my visa even if my employer has not paid the judgment yet from the Labour Court?

Spouse request of applying the law of home country in a divorce case

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- 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 it apply?

منع أطفال من السفر بسبب غرامات على والدهم

س: غادرت البلد قبل ١٠ أشهر. طليقتي تخبرني أنها لا تستطيع السفر بالأولاد لوجود مخالفات عليّ بقيمة ٧٠ ألف؛ وهي مخالفات إقامة بـ٢٠ ألف وغرامات بنكية بقيمة ٥٠ ألف. علمًا بأنها دفعت غرامات الإقامة. هل يمكن أن يُمنَع أطفالي من السفر كونهم كانوا على إقامتي إذا كانت عليّ غرامات بنكية؟

What happens when you terminate your limited contract during probation?

Q: If I want to go back to my country on a limited visa within 5 months, do I have to pay a fine to the company, and if I have, how much? Please, can you tell?

Forcing an employee to resign while on vacation and denying his labour dues

Q: I was in India on my vacation. Then when I planned to come back, HR sent me an email no placement for me now and I have to wait until the company gets a project. I sent a reply to the company that they should terminate me if there`s no work but they don`t. They need me to resign and they push me due to financial crises. They sent too many emails that I must resign for getting my settlement quickly for family requirements, but I didn`t get money. HR even didn`t send me how much my final settlement is. I lost more money to stay in India for one month for getting a reply. After resigning, is it necessary to work one month notice period? But how to work from India? I came back and give another resignation with a notice period but they did not accept. Am I eligible for compensation for my loss happen in India and room rent and food money for staying until finishing the case with labor court?

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Eviction of a tenant because the cheque is not honored

Q: This is the second time a cheque of my tenant is not honored for rent payment. My relationship with him is not good. Can I evict him? I need my property back. What is the best way to get it back?

The rights of an employee under termination/redundancy conditions

Q: Hi, I lost my job due to restructuring this week. I requested to consume my annual leave before the notice period. As such, I haven’t been handed over my letter of redundancy/termination (something I do not have clarity on). I have had no performance-related issues as I have had great ratings in my 25 years of service. I do hear that my job has been offered to a team member that reported to me and has been put on a trial basis. The company has changed to one month notice period since last year. It used to be three months until March 2020 but Covid19 and poor business are now used as an excuse. What are my rights as an employee under termination/redundancy conditions?

How to prove paying the rent and vacating property against a claim by the landlord?

Q: Hi there, We were staying on a monthly rent basis in one small apartment which was vacated on 31 Jan 2021. We paid all rents but unfortunately, we don`t have any proof for Nov, Dec and Jan. Now the landlord has filed a case against us saying we are staying at the property and not paying them. Before leaving, we informed them through my email (which is not registered in the records) and cc my husband. We didn`t know that the paper we are signing was a sub-agreement as we never saw a contract before. Now based on this, they have filed a case and fine and rent is levied on us now if the case number is generated. We have a hearing for settlement but the landlord is not agreeing to settle as he is asking us to sign a key form saying we vacated just now on the current date. We need to travel urgently. Will we have a travel ban? We want to resolve the case even if we travel. Please advise

What is the best way to claim unpaid invoices from clients?

Q: Hello, I have a question, few customers are not paying my invoices. We have followed up several times with them. They are not responding to anything after almost 2 years of waiting. How can we get our payment from those companies? Can you guide us? Regards F.

How to appeal a labour judgment granting more dues to the employee?

Q: My employee filed a case for gratuity and I received a judgment to pay AED 40000 for his 10 years of work. But his annual leave was over 1 month every year and the cancellation request period was 25 days. How can I appeal to the court with these details?