Questions & Answers - Legal Advice Middle East

The effect of changing the original SPA many times

Q: Based on Dubai`s strong reputation, we invested and now own a couple of off-plan properties in the UAE. (1) Over the years, the master developer has changed the SPA agreement 3 times - how does this affect the original SPA which many owners still hold? (2) The original SPA does not allow for "sharing or staff accommodation or AirBnB units within the development yet the developer allows this (claiming this is a government directive). Is this legal ie to breach the SPA terms? (3) As there is no RERA or any property-governing body in this Emirate - what department can be approached to resolve this?

How to get employee's rights after delaying the salary for three months?

Q: Hello sir, My salary has been delayed for three months now. We are in June and since March, I haven`t got my salary. On the other side, I have a loan for which an installment is due since last month. Hence, I tried to get a new job which I finally got. Based on that, I have given resignation with one month notice period as my contract is unlimited. My employer doesn`t seem to be in a position to settle my end of service for 3 years, 2 months vacation salary, and 4-month salary including June; around 60000 to be paid. Please advise how to get this money and start working with the next opportunity? Thanks!

إثبات نصيب قاصر في محضر جرد التركة بالمكلفة الضريبية دون وجود عقد

س: هل يجوز إثبات نصيب قاصر في محضر جرد التركة بالمكلفة الضريبية فقط دون وجود عقد باعتباره سند ملكية؟ علمًا بأن نصيب القاصر وإخوته هو شقة في منزل الجد الذي تُوفِي ثم تُوفِي الأب وقد كانوا مقيمين فيها.

Is it possible to get arrested twice for the same cheque bounce case?

Q: My friend had a bounced cheque case in 2018. He was arrested and sentenced for one month but still did not get to pay. He has been arrested again in 2021 and jailed without been arraigned to court. The case is a civil case. What procedure does he have to take to get out of jail considering the fact he doesn’t have all the money to pay? Must he be in jail till all money is paid or could a payment plan be arranged by the court? Thank you

What to do when you face an absconding case and request to pay visa expenses?

Q: Hello Sir. I wanna ask if I have the right to get help from MOHRE. My Iraqi employer filed an absconding case and wants me to pay AED 6,168 for visa cost and AED 8,000 for the commission they gave to the agency. I think it`s unreasonable.

Transferring mother's residence to be under father's sponsorship

Q: My family is currently overstaying in the UAE for over a year now as my mother lost her job. We want to transfer it to my father’s sponsorship. Is there any possible way to get this done since we’ve been delaying it due to financial constraints? Also, since there is a financial case; we are hesitant to visit the immigration directly. Any advice? We want to solve this as soon as possible and reduce the fines as much.

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How to cancel visa and remove overstay fines after getting labour judgment?

Q: Hi, I had a labor case and the judgment came. The company has to pay my dues. My issue is that I have overstayed for the last 3 months. I filed the execution already in order to get my dues from the company. I requested my company to cancel my visa. But they are not canceling me. What can I do in such a situation like this? Is it possible to cancel my visa by myself? If yes, do I need to pay the overstay fine? Is there any possibility to avoid the fine?

نقل ملكية موروث إلى أحد الورثة القاصر

س: سيارة يمتلكها ورثة؛ أحدهم قاصر. يريدون نقل ملكيتها له لسهولة بيعها. ما الإجراءات؟

Who is responsible for the damages of a rented apartment due to water leaks?

Q: I have been renting an apartment for 1.5 years in Dubai. Recently, the kitchen ceiling leaked and the water has gone into the wooden cabinets and 3 of the cabinets have completely rotted from inside. All of our food in there is destroyed. Not only that, but the water from the leak mixed with the glue from the wooden cabinets and became brown and sticky. It is now all over the worktops and the floor and appliances in the kitchen. There are puddles of brown water on the floor. The entire kitchen is unusable. The main maintenance person first refused to visit the apartment to inspect the damage. He only came when we insisted and then told us we have to wait until next Thursday to get the work done. Meanwhile, we cannot use the kitchen, every day the water is spreading more and more and there are now flies everywhere (and the smell is terrible). Can I legally deduct the rent for the number of weeks we have been without a kitchen? I need to pay rent for the second half of the year in August.

Can my company cancel my labor contract without my knowledge?

Q: Can my company cancel my labor contract without my knowledge? If they cancel, what do I have to do?

Can the company make the employee work in weekend & public holidays?

Q: Can the company make the employee work in weekend & public holidays?

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هل يُعمَّم الإبعاد الإداري على دول مجلس التعاون الخليجي؟

س: تم إبعادي عن الإمارات منذ عام ٢٠١٨. أُبلغت أن مدة الإبعاد سنة من تاريخ المغادرة. أُخِذت بصمة عيني. هل هذا الإبعاد الإدارى فقط لدولة الإمارات أم مُعمَّم على بقية دول مجلس التعاون الخليجي؟

Cancellation of the labor contract after termination for redundancy

Q: Hello I have a lodged a labour case against my company and the court hearings are in the process. A few days back, I got a msg from labour that my cancellation for the labour contract is submitted. I went to Tasheel and enquired. They told me that only typing is done and can cancel with my permission only. But when I wanted to renew my wife`s visa, it could not be done. The system says that my labour contract is cancelled. But my visa is there. Now I want to know if my labour contract can be cancelled without my permission. The company gave me position redundancy as a reason as I was expensive overhead.

What legal action can be done to claim a cheque after the expiry date?

Q: I have given a cheque to someone but the cheque had not been presented on the bank and the validity of the cheque has been expired, one and half year passed from the due date. Please, what action can be taken legally against the person who issued the cheque?

How to defend yourself against a wrongful case of embezzlement?

Q: I am working in the finance department of an organization. I mistakenly deposited excess salary into my own account and then later on deposited back again in the company account. In all this, I have approvals and signatures from every person which clearly shows that it`s a mistake and clearly shows that my intentions were not wrong. Now the company terminates me and a legal advisor will file a case on me. I need your help and support on this matter.

Will you get arrested in GCC if you leave the UAE with a pending loan?

Q: I got terminated from employment because I was arrested in 2015 and jailed for 30 days for purchasing alcohol without a police alcohol license for individuals. I had a credit card loan in the amount of AED 130,000 dirhams which I was paying on a monthly basis until I lost my job. After I was released from jail, my passport was held for 3 months with the Dewan. When I got my passport, I immediately left the UAE without paying the loan or canceling my visa. I keep getting threats via email from collection agents in Sharjah/Dubai for which I explained I have no means or any income or barely any income to pay not even 100 AED/ month. Now I have a job offer in Qatar and I am worried to go to Qatar for the first time in my life and start a new life and hopefully be able to start paying the 2015 debt left in Abu Dhabi with the Bank. The Debt is around 300,000 with interest + late fees +over credit limit fees + so many added fees + Etisalat around AED 270. Will I get arrested at Doha airport and extradited to the UAE?