Questions & Answers - Legal Advice Middle East

Hiring a lawyer to settle an outstanding debt while being outside the UAE

Q: I am looking to hire a lawyer to defend a civil case for a credit card. I have an unpaid outstanding credit card in the UAE. I no longer live in the UAE and I desperately need legal advice on how to approach this and how to settle the outstanding debt once and for all. The bank has sent many emails threatening with civil action and a "lifetime" GCC travel ban. In the next few months, I believe I can clear up the outstanding account but I need to know if it is still possible to settle the debt without criminal charges, I am scared that I am already banned from traveling and will be arrested at the airport if I ever return to Dubai. Is it best to hire a lawyer to deal with this since I am not in the UAE?

Can a law firm get the amount of a bounced cheque while the plaintiff is abroad

Q: I have a doubt about a civil case (cheque bounce). All procedures and court fees are paid. I`m not in the UAE. The original cheque is with me. I wrote a power of attorney one year ago to a law firm. Without me, can anyone take the amount; e.g the law firm?

The status of a jointly bought property upon divorce

Q: I am an Indian woman who was under my husband`s sponsorship in Dubai. We had purchased an apartment in 2017 which is still under construction - in our joint names (50-50). The builder was supposed to give it by end of 2018, but it is still not ready. 60% of the payment needs to be done at the time of handover. We have the Oqood certificate. Now, we have decided to get divorced in India. I had given money towards the property`s initial installments.

Claiming the EOSB after signing visa cancellation documents

Q: Hello, An employee worked in a DMCC company for more than 10 years. He left the country in 2019 without settling the End of Service Benefits. Due to some reasons, the company asked to sign the documents for visa cancellation. He has signed and left the country. There is no EOSB transaction in his bank statement. Is there any possibility now to get EOSB? Any rule in DMCC to get EOSB? Please guide me!

What are the legal requirements and procedures for opening a startup company?

Q: What are the things a startup founder must consider in terms of legal?

تقديم دعوى ضد مقاول استلم دفعتين من المال وأوقف العمل

س: هناك مشكلة مع مقاول إذ اتفقنا على بناء ملحق داخل منزل خاص ووقعنا العقد واستلم أول دفعة. اشتغل حسب العقد واستلم الدفعة الثانية وأوقف العمل ويرفض المواصلة. تبين لي بعدما حاولت أن أقدم شكوى ضده أنه يستخدم ختم وعقد لشركة منتهية في سنة 2013 ولا يوجد لديه أي ترخيص. كيف أستطيع أن أشكوه وبنفس الوقت أواصل البناء؟

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What is the basis for calculating annual leave salary upon resignation?

Q: Hi, Please help me by clarifying the leave encashment claims during my resignation. I have worked in a firm for 3 years and I have 25 days of annual leave pending. Is that on the basis of gross salary or basic + HRA? Kindly advise

What can a person do if his girlfriend is threatening to sue him for money?

Q: One of my friends broke up with his girlfriend in Dubai, and now she threatened him with legal action for the money. Please let me know if the case will reach Dubai court how will he solve it and what action should he take to avoid the problem.

Claiming compensation from an employer due to an insult

Q: Hi, I am working in a free zone company in Dubai since 2016 as an accountant. Can I claim compensation for self-respect, as my boss insulted me by calling in an animal name in front of all for a mistake which I couldn`t bear and don`t want to continue with this company anymore?

What is the maximum time for execution of a labor case?

Q: What is the maximum time for a labor execution? In my case, both the First Court & Court of Appeal ruled in my favor. The execution court started the procedure and my ex-employer did not respond. Then the court sent messages to various banks and the government to block the licenses. It has been 3 weeks but still no progress. How long do I have to wait? Also, my ex-employer has again made a petition for review of the order of the Court of appeal. What would happen next and how long do I have to wait? Kindly advise!

Forcing an employee to sign that he received all dues while he did not

Q: My employer terminated my service in Nov 2020 and is yet to clear my last salary and EOSB. I approached MOHRE in Feb and they approved my complaint and directed my employer to settle the payments which he is still avoiding. Meanwhile, my family`s visas will expire in 2 weeks and I cannot send them back to my home country in this pandemic. Can I renew their visas under this situation? If yes, what is the procedure? My visa is still valid, but the company did not renew my work permit. The employer does not care about me and my family`s problems that he is the cause of. I cannot cancel the visa as he insists that I sign that I received all dues.

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The possibility of holding the stamping process of a visa

Q: Dear sir, I have done my medical for a visa. But my company didn`t put my visa on the stamping process till now. Is there any way to hold my stamping process? I got my medical insurance. But whenever I ask about my visa stamping and process, they say "you will get it today". How do I know that they started the process or not yet?

Is it possible to return to Dubai ten years after deportation?

Q: Is it possible that I can go back to Dubai after getting deported because 10 years have passed now?

The possibility to foreclose the unmortgaged property of the deceased by the bank

Q: My father was the director of an FZE company in Jebel Ali. He was the sole director and signatory. To grow the business, he had taken a working capital loan from an Indian bank in Dubai, unfortunately, he passed away a few months back, and overnight, the business had stopped as he was the sole owner/operator of the business. Debtors stopped paying and hence there was a liability with the Indian bank. He had a house in Dubai in his name which was never mortgaged with any bank and hence we were able to get an inheritance certificate from the court and get the ownership transferred to our name. I want to know if there is any risk of legal attachment towards the house from the lending bank as they are starting their legal recourse to liquidate the mortgaged property with the bank. Once again, the house was never mortgaged with any bank and we have the new title deed for the house with our names on it. Please advise!

How to claim dues from a European company which has a subsidiary in the UAE?

Q: Dear all, I was hired as GM for a company in Dubaï which is a subsidiary of a European Holding. For 3 months, I did not receive my salary. The local company (LLC) is about to close with no more assets & no local funds. We used to receive funds from this holding to pay all local expenses. My company doesn`t want to terminate my contract even they invoke that I am not working. Indeed, they removed from me the business car, the professional phone number, and the professional email without notice. The local sponsor and the director of the holding are the only ones mentioned as managers & shareholders on the trade license. Any chance to get my salaries + gratuities? Should I send a letter of resignation then and cancel my visa if the local sponsor accepts? What are the legal consequences for both sides? According to my employment contract, I should have 3 months` notice period for termination. In case of an "act of negligence", they can terminate my contract immediately (no notice period). Waiting for your advice, Thanks!

The right way to register a case against a civil company to recover money

Q: A civil company owes me money. They issued written and signed acknowledgment of debt. I want to start a performance order lawsuit against the civil company. Since it is a civil company, the law states that the manager and partner are liable from their personal assets in case the company cannot pay. Question: Should I register only the civil company as a respondent? Or should I register two respondents in the lawsuit: the civil company as respondent 1 and the manager/partner as respondent 2?