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Questions & Answers
UAE
تعميم الإبعاد على دول مجلس التعاون الخليجي
س: السلام عليكم، صدر ضدي إبعاد من الإمارات سنة ٢٠١٤. إبعادي قضائي بجنحة تحسين المعصية. الآن حصلت على عقد عمل بالسعودية. هل أنا ممنوع من دخول السعودية أم أن الإبعاد محصور بدولة الإمارات؟ مع الشكر! Questions & Answers
UAE
How to claim your labour rights in case of termination for performance
Q: Hi, I was notified as terminated by my company on 04/Feb/2021 after 5 years. I have a limited contract under JAFZA. The reasons for termination as per the termination letter is due to my unaccepted management style. My termination came after raising a complaint against the management to the HQ for being discriminated against. As per the termination letter, the notice period is 2 months Garden Leave per the contract, 2 months termination compensation and my EOS. I filed a complaint against them to claim 3 months termination compensation instead of 2, my full bonus and the unused leave balance in lieu. Currently, I am in my home country after I have informed them. So my questions are, Is there any risk that my employer can report me as absconded? The court fees are calculated based on the total unpaid values, or only the additional values I am requesting? For the bonus, is it likely to be paid based on article 1 of the UAE labour law that defines the wage as whatsoever paid on a regular basis? Thanks, A. Questions & Answers
UAE
How to make sure the case is cleared after settling the debt with the bank
Q: I am looking to return to Dubai on holiday in June 2021. I have recently cleared my outstanding debts with the bank and they have issued paperwork to say the civil case has been lifted. I would like to check that there is no travel ban attached to my passport before returning, just to be sure I will not be arrested. Questions & Answers
UAE
Right of the seller to claim the deposit from the buyer for breaching the MOU
Q: Hello, I have signed an MOU where the buyer failed to complete the transaction as per the date of transfer plus the extension. Thus, the MOU expired. I have requested from the agency the 10% deposit cheque signed by the buyer. They refused to give it to me and requested an extension without any penalties or price increase despite the market appreciation by 10%. What can I do to get the cheque legally from them? I am already in a big issue because I already bought a bigger unit having in mind that my unit is sold. They are asking for an MOU extension but the prices went up and I request the fair price as per the market and they are refusing to pay the increase. Appreciate it if somebody can provide me with feedback on these two points: 1- Can the agency hold the cheque and not give it to me? Aren`t they violating the law here? 2- What can be done in this case and what would the next steps be? Thanks in advance, Regards, Questions & Answers
UAE
The possibility to be caught in Bahrain because of a loan in the UAE
Q: Hi, I left the UAE in 2017 due to job loss leaving behind my debts totaling AED 400,000. A personal loan of 280,000 and the balance amount of 4 credit cards. I have a job offer from Bahrain. Will it be possible for me to safely arrive and get a job visa? It would be great if you could respond to my query. Thank you! Questions & Answers
UAE
إزالة تعميم صدر بسبب كريدت كارت بجرم إصدار شيك بدون رصيد
س: يوجد تعميم ضدي بسبب كريدت كارت بجرم إصدار شيك بدون رصيد بمبلغ ٤٨٠٠٠ درهم. ماذا أفعل؟ Questions & Answers
UAE
A defendant is not responding to notifications, what to do?
Q: If a defendant is not responding to notifications, and his address is not known, what would be the best way under UAE law to notify him? In court or arbitration proceedings? Questions & Answers
UAE
The requirements to get the property of a deceased
Q: Hi, My father died in Kalba hospital. My mother is in Pakistan, my brother is in Indonesia and I am in Malaysia. Can I come directly to the U.A.E and make a letter of succession? Or I need a POA? If yes, is my mother`s POA enough or I need a POA from my brother also? Kindly reply, Thanks! Questions & Answers
UAE
How to claim compensation from insurance for a car accident with fatalities
Q: Hi Sir, Unfortunately, we lost our elder brother, sister in law and 8-month-old baby boy in a road traffic accident on 13th Sept. 2019. One baby girl who survived the accident was critical with traumatic injuries and multiple skull fractures. This accident took place at Haima, Sultanate of Oman while the family was on the way back home to Dubai. The baby girl was undergoing treatment in Khawla Hospital, Muscat, Oman, from 15th Sept to Jan 9th. After which we have airlifted her to India for further treatment. Now, I need to apply for a claim for 3 deaths and 1 claim for the kid as the hospital authorities have issued a disability certificate with 100℅ disability. He was holding insurance from an Insurance Company. He had a comprehensive insurance policy (Orange Card) which covered both Oman and Qatar. It`s been more than one and a half year now as we were busy with the kid`s treatment. Can we please discuss the same further? I can be reached on the below numbers. Questions & Answers
UAE
How to sue an employer after revoking a job offer?
Q: I received an offer letter from a company (the offer letter has the Managing Director`s name mentioned but no signature) which was accepted by me (via email confirmation). This was followed by a face-to-face meeting with MD to finalize my joining date (which was agreed to be 01-Apr-2021). Accordingly, the new employer asked me to resign from my current job and submit a business plan for my new role. I resigned from my current position and, as requested, a business plan was submitted. I and my new employer, along with another co-founder, had a detailed discussion on zoom call on the business plan and everything seemed fine. Suddenly, after that meeting, my new employer is not responding to my calls and messages. Also, they are not giving any clarity on my joining date. In case my new employer revokes the offer, do I stand a chance to sue the company and claim compensation? Questions & Answers
UAE
Claiming compensation and full refund due to delaying property handover
Q: Hi, I need advice. I have purchased a property that is still under construction. Payment terms were 40% during construction and 60% on handover. I have paid 70% (not mentioning developer name here). As per SPA, the handover was supposed to be Dec 2018 and it has been delayed for over 15 months. Expected possession is by end of the year. I would like to know about the chances of getting compensation for delay (mainly covering potential Rent loss or Interest cost) or I would like to terminate the SPA and receive whatever I have paid. Can someone please advise what is the average fee to the lawyer and court expenses? Litigation expenses: Will it be payable by the developer in case the court ruling is in my favor? Thanks! Questions & Answers
UAE
Getting married when the Wali is unable to travel to the UAE due to COVID pandemic
Q: Salaam, I want to get married in Dubai. Due to the current pandemic, my father and brother are unable to travel to Dubai to be my Wali. Is it necessary to appoint someone as my Wali? What is the process of doing this? Thank you! Questions & Answers
UAE
Terminating an employee's limited contract due to being absent for more than 7 days
Q: My employee has not reported to work for more than 7 days now. Can I terminate his limited contract under Article 120 of the UAE Labor Law? He claims not to report to work until next month and is also claiming the end of service benefits which become null and void under Article 120 (clause j). Can I send a termination letter? Questions & Answers
UAE
شركة مقاولات أوقفت العمل بسبب زيادة الأسعار بدون اتفاق مسبق مع العميل
س: راعي شركة مقاولات أوقف العمل لأن سعر الحديد الإماراتي ارتفع في السوق ويطلب مني فرق وفائدة وقف العمل في الموقع. لقد وقعت العقد الخاص بأرضي وليس به أي بند بخصوص ذلك. Questions & Answers
UAE
The application of a travel ban due to offensive language
Q: Hello, In case someone complains to the police for offensive language / bad words in the UAE, is there any immediate travel ban against the offender? Or in general, is there any travel ban if the case is open for such an offense? If yes, then at what stage of the case the offender cannot leave the UAE? Questions & Answers
UAE