Questions & Answers - Legal Advice Middle East

How to get a police clearance certificate while being outside the UAE?

Q: I had a loan which I have settled and paid off. Now the bank is telling me that they will clear it but I need to have a lawyer go to court on my behalf. I am not living in the UAE anymore and I only need to get a police clearance certificate (PCC). Do I need to get a lawyer to get the PCC? Or will the bank clearing be enough? If I do need a lawyer, how much will it be?

Would a promotion offered with less salary be considered constructive dismissal?

Q: Hello, I am originally from the UK and relocated to Dubai in 2004 when my company established a new office. I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role. Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain. I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it`s a major drop in salary (basic salary would drop by 40%). There are no additional allowances. Currently, I receive basic salary + allowances. I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal?

Obligation to serve notice period upon resignation for working on tourist visa

Q: I am working in a restaurant on a tourist visa. I resigned while still on the probationary period. Now they are asking me to do a notice period. What is my right as an employee for this matter?

The non-compete clause in case of working in a different field

Q: My previous company is claiming that I broke the non-compete clause even though I am working in a completely different field.

How to object to the maintenance charges determined by the building management company

Q: Hello, I am the owner of an apartment in JVC. The building management company charged very high maintenance charges. They are asking to pay AED 22 PSF, not worth paying even AED 10 PSF if you see the building condition. Also, no one invited us while selecting this company. It was forcefully implemented on us by the property developer because this company belongs to the same owner of the property. Now I have received a notice from the Rental Dispute Center. What should we do? Please advise!

An employer delays issuing the cancellation papers after completing the notice period

Q: My office is in Tecom Free Zone. I resigned one month back and now completed the notice period but they didn’t cancel my visa. My new employer is asking for cancellation papers to get me onboard. The current company is not issuing them. I would like to know how many days can a company hold my visa cancellation? And what steps I have to take if they delay my visa cancellation?

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Inability to attest the Tanazul paper because landlord company trade license is not renewed

Q: I had a bounced check case. My landlord made a police case in 2018. After several attempts to make a settlement, the landlord finally agreed to settle the matter. I was asked to make the payment of the settled amount. I paid the amount at the police station and received a Tanazul paper from my landlord. After making the payment, the police asked me to visit the public prosecution. Upon visiting them, they said that this letter is not acceptable as it has to be notarized, and then it would be acceptable. Today, after visiting the Notary Public, they asked for the landlord company trade license which is not renewed. The landlord says he can not renew the trade license. I want to remove the case from the system by paying the fine. Please guide if it is possible. What should I do? I want the case to be closed. I made the payment in front of the police officer. Your kind suggestion in this regard would be highly appreciated!

A friend borrowed money and is paying back in small installments, what to do?

Q: My friend borrowed 10k dirham from me. She isn’t paying them back. She is paying a very small amount like 200,300 per month. If I file a case, then can the court help me to get back the full amount of money in one installment? Or will the court allow paying slowly because her salary is 3k per month? And if she pays slowly in installments, then I’ll have a loss because I need to build my house and I need all money. What should I do? Please help!

التراجع عن توكيل محامٍ بعد إرسال التوكيل عبر الواتساب

س: استخرجت توكيلاً رسميًا عامًا من السفارة المصرية لمحامٍ. بعد ذلك تداركت الخطأ. لم أرسل الأصل ولكنني أرسلت صورة منه بالواتساب. هل في ذلك مشكلة؟

Returning to the UAE to run business after being convicted with a crime

Q: Hi, I want some information regarding my uncle. He was arrested in November 2015 and was in prison until 13 June 2016 when he was deported to Pakistan. The reason for the arrest was that my uncle had his own business in Sharjah and he was involved in a case where his employee accused him of attacking him and other allegations. He was arrested and convicted. He needs to reenter the country as he has his business in Sharjah but I believe he is blacklisted/banned. How can I find out if he is blacklisted/banned and how can it be removed to allow my uncle to reenter the country and take over his business? Is there any way of helping to resolve this issue? I know that if he enters on a visa, he could be arrested at the airport, and don’t want that to happen. Thank you!

How to get the deposit returned from a canceled project?

Q: How do I have my deposit returned from a canceled project? The deposit was paid in October 2008.

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An employee forged documents to cancel his visa, what to do?

Q: Employee Dispute and Forgery One of our employees in the UAE took out loans from the company and then resigned. He forged the documents to cancel his visa with Shams as well. We want to file a labor department complaint against him.

The right of infants custody if the mother seeks to get a divorce

Q: Hello. If I applied for Khula`a, will I lose the custody of my children? I am a foreigner married to a UAE national. I have 2 months old baby and 1.4 months old daughter.

How to make sure that the court did not impose higher expert fees than normal

Q: I have been charged an expert accountant and expert commercial fee of AED 50,000 each time for an inheritance case. Is it normal for the court to charge that high amount?

How to act with an employer negotiating terms for termination a limited contract

Q: Hi Could you please give me an advice regarding my problem? I was asked by my employer to stop work but they don’t want to terminate me. They want a settlement. Because of money negotiations, the process of visa cancellation is pending. I’ve done 8 months out of 3 years contract and my contract is limited and I finished my probationary period. What should I do?

What to do to reach a settlement for credit card debt with the bank

Q: Good day Sir, I have a credit card due of AED 6000. I left the UAE in 2019 but now I have to pay my total outstanding due which is AED 6380. So I tried to mail the bank but I don`t get any proper answer that they can give me any bank account that I can pay my dues or any settlement. Now I am confused about what to do. Please guide me on this. I wanna clear this due. I got a travel ban also. I want to remove this burden from my shoulder.