Questions & Answers - Legal Advice Middle East

The possibility to join a competitor while there is a non-compete clause

Q: Hi, I am working for a company in the Media City as a developer and I have a non-compete clause in my contract. I want to join a competitor who is also in Dubai but because of this non-compete clause, I cannot join the competitor. Is there any way to leave my current company and join the competitor?

Paying compensation to the employer due to early termination

Q: Dear Sir/Mam, My brother is working in Jebel Ali Freezone. He has planned to put resignation as he got another job. His notice period is 30 days as per the contract. He wants to join a new company soon so he would like to compensate for the unserved notice period days. He would like to know if it is his right to claim to pay the compensation to the company or employer and exit early?

Is two months' notice before contract expiry enough to terminate an employee?

Q: Dear Lawyer, I am a part of the HR Team of a company on the mainland. In our company, in order to terminate a contract, a notice of 3 months has to be served. We need to terminate the contract of an employee and only two months remain for the completion of the contract. We have mentioned the below statement in our contract: "In case the company is the party who desires the termination, the company shall notify the employee in writing, three months prior to the termination date or for the remaining period of the contract, whichever is shorter. However, if the company fails to serve the above-mentioned notice, the college shall compensate the employee with three months aggregate salary or the remaining period of the contract, whichever is shorter." So please confirm if two months` notice is enough and this employee has no standing to challenge us in the court.

How to apply for travel ban to prevent the wife from travelling with daughter?

Q: Hello, How and where can I directly apply a travel ban on my daughter, as to not allow my wife to take her outside the country without my knowledge? And how much does that cost approx?

A property bought in 2014 and has not been handed over yet. What to do?

Q: I purchased a property in 2014 and the developer has not handed over it yet. What can we do?

The applicability of the recent cohabitation law on married couples

Q: My wife lives with an Emirati in Ras Al Khaimah. She claims that she can do that because of the recent cohabitation law in the UAE. Is her interpretation of cohabitation correct?

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العودة إلى الإمارات بفيزة زيارة للبحث عن عمل وسداد القرض

س: السلام عليكم، اضطررت للسفر خارج الإمارات قبل بداية الحظر وعلقت في الخارج. خلال تواجدي خارج الإمارات وبسبب الحظر المفروض على شركات الطيران ألغت شركتي إقامتي وأنا مدين لبنكي بقرض شخصي. وضع البنك بلاغ ضدي. في حال حاولت، هل أستطيع الحصول على فيزة زيارة لأبحث عن عمل وأسدد قرضي؟ وما التبعات التي تنتج في هذه الحالة؟ وما نصيحتكم؟

What does the expert report include in a property dispute?

Q: What does the expert report include in a property dispute with a developer from whom I purchased an off-plan villa?

Checking the criminal system in the UAE while being abroad

Q: I have left a signed checkbook in my office. I left Dubai in 2001. In 2016 I came to know that my manager misused the cheques and issued cheques in 2003, 2005, and 2006 amounting to around Aed 60000 in my absence. As I want to go back to Dubai, can you find out the details of my cases in the police and immigration computer and how to clear those cases as it is more than 15 years when the cheques were misused? Please help! Thanks and regards,

Leave salary when working the whole year without vacation

Q: Mam, I want to know in a limited contract if an employee will not go for leave after one year due to staff shortage in the company or any other issue like Covid, so when the visa expires after 2 years, will the employee get leave salary along with gratuity?

The consequences of resignation from a free zone company in Jafza to get a better offer

Q: Dear Sir/Madam, I have been working in a company in Jafza for the last year and six months on a limited contract of three years. I would like to resign from my current job since I got a better job offer from a company outside Jafza. I have some doubts to clear before I submit my resignation. Do I have to pay compensation to my company to cancel my visa? If yes, how much would it be? Is it possible to get any type of ban on me? If it is possible, what kind of ban would it be? Will it be applicable outside the Jafza free zone? Hope you can help me with my queries. I look forward to your reply!

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شركة مالكة لعقار تطالب بدفع متأخرات بعد تسويتها والتنازل عن البلاغ

س: كان لدي شيكات مرتجعة للشركة المالكة للعقار وتم تسويتها ودفع المبلغ المُستحقّ والتنازل عن البلاغ وسافرت. فوجئت بإيميل من الشركة المالكة بالمطالبة بدفع مبلغ ٢٠٠٠٠ قيمة مستحقات متأخرة مع أنني لم أجدد العقد وفصلت الكهرباء عند انتهاء العقد وأرسلت صورة بذلك. ١. هل أُمنع من دخول البلاد عند العودة؟ ٢. ما الوضع القانوني بالنسبة للمطالبات؟

Obtaining a PPC from Dubai while being abroad

Q: I want to obtain a PCC from Dubai as I was working in Dubai from 2008 and left Dubai in 2010. I do not have the Emirates ID number with me as I understand that I can do it and for that, I need to obtain a fingerprint card from the country where I am residing. My question is how can I obtain this card and from where? I am in India (Delhi). Do I need to book an appointment in the UAE embassy to do that and get it attested from the embassy as well. OR I can do this fingerprint card from elsewhere. Kindly assist, please!

A scam asking for fees to issue a residence visa and a work permit

Q: I am posting below; which clearly looks like a scam coming from the UAE. ---- After a careful evaluation of your application for the position mentioned in the attached contract agreement document, we are glad to inform you that you have been confirmed in our organization. You have to contact "Agency" - U.A.E via email for the procurement of your U.A.E residence visa/work permit papers and payment of job security deposit/clearance fees.

How to get a clearance from the bank after paying the pending installments

Q: Hello, I need help with a legal matter. I have a personal/car loan with the bank and I missed 2 payments, July-August 2020 EMIs. The bank informed me they would be filing a case but I resumed the payments of both pending EMIs by paying them. Since September 2020, I have no debts, since I am paying my loan instalments regularly. On April, 27 this year I came to know I have a bounced security cheque which came with a travel ban. It is unfair as I never had any debts in more than 7 months. I provided the bank with all the necessary documents and I signed the new security deposit cheque 1 week ago. They are supposed to provide a clearance letter for the police to lift the travel ban but nothing is happening in more than 1 week and I am losing my job. Please advise me what is the solution in my case and how long does it take for the bank to cancel the bounced cheque and provide the clearance letter. Thank you in advance.

Checking whether a travel ban is issued against somebody while being abroad

Q: Hi, I have been in a social media altercation with my ex-partner who resides in the UAE while I live in the UK. They have said that they somehow now have me banned from entering all GCC countries and if I do enter, I will be arrested. I am not sure if this is possible, how can I find out how legitimate this claim is?