Questions & Answers - Legal Advice Middle East

How can I inspect about a cheque bounce case filed by the bank against me?

Q: I am a Dubai resident and I have a cheque bounce case registered against me in Abu Dhabi by a Dubai based bank. I am struggling to find any information about the case. AD doesn’t seem to have a financial crime status check as Dubai does. Is there a lawyer who can advise?

Calculation of gratuity when the current salary is not the same as the salary in the contract

Q: My employer put my salary in the agreement as 800 AED since 2012 and still the same. But, my present salary is 2000 AED. Q1: How they will pay my gratuity if I cancel my visa from the company? According to my agreement salary or my present salary? Q2: If they hold my passport after canceling my visa, then what can I do? Requesting your help in answering these 2 questions.

What can you do to speed up the labour appeal judgement?

Q: Dear All, Please do let me know how long does the court of appeal take to make a judgement. Can a court of appeal reject the appeal submitted by the defendant? I am looking for a good labour attorney, would appreciate it if you can give me your contact details. Thank you and looking forward!

The consequences of changing the nationality of an ex-pat

Q: I have a working visa in the UAE. I have decided to apply for an EU passport. Once I receive it, I need to surrender my original passport to the consulate since my country does not allow dual nationality. I will be informing my company HR about this. I would like to know: 1. Can the company terminate me since I have joined under a different nationality? 2. What will happen to my end-of-service benefits? 3. Do I have to undergo a medical test, get a new Emirates ID, update my bank accounts, phone registration, and other documentation? 4. Anything else to be done?

How to recover post-dated cheques issued by the employer after resignation

Q: I have worked in a contracting company for 2 years as a supervisor. During the pandemic, the company faced problems with payment and projects. That time, my visa also expired and I told them that I will not renew it because I need to get back to my home country. Meanwhile, the company is facing some financial issues and they assured me they will clear my dues later and I agreed to get post-dated cheques. I have 4 cash cheques dated 28.10.2020, 28.11.2020, 28.12.2020, and 28.01.2021 which all are cash cheques but unfortunately, still one single cheque didn`t pass because of insufficient funds in an account. I have been asking my boss politely for paying for the past 8 months. In the beginning, he behaved normally and asked me some more time but now he is telling me that because of me, some projects got problems and he didn`t get payments. Now I am in India and I have some medical issues for which treatment is going on. Presently I can`t come to the UAE to fight with him. Is there any way to get my money back? Please help me to get my money back. Thank you!

Terminating an unlimited contract by an employee due to having a better offer

Q: Hi, I am nearly 6 months resident (6 days more) based on a visa issued in my current company. I decided to resign immediately due to having a better offer. Are they going to ban me? Considering I had given an unlimited contract, I am working in a Non-FZ Ajman location, do I need to pay for the visa they provided me? Is there any chance they can agree to my resignation? Great advice is highly appreciated!

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The effect of old TB scars on issuing employment visa

Q: Hi Sir, Would a past TB scar affect my new Dubai work visa?

The status of visa when the employment contract ends before visa expiry date

Q: Hi Sir, I am working in a private company in Sharjah. My contract is a limited contract. My contract will be ended on 22-05-2021 but my visa ends on mid-July 2021 so that my contract end date is 22-05-2021. If I leave this company with resignation, will I get all benefits (like gratuity & leave salary & air ticket)? And would I face any legal issues? Should I wait for up to July as per the visa date? Thank you!

Claiming benefits upon termination after travelling to home country for medication

Q: Madam, I worked for a company in Dubai for 23 years and have not been paid my end of service benefits and sales commission. I came to India for treatment and I could not resume my duty soon since the treatment was lengthy, so the company has canceled my visa and hired someone in my place. I have requested severely to pay the service benefits but the HR manager misbehaved and threatened in an unethical and unprofessional manner! what should I do? I can file a case against the company for claiming my benefits? I am paralyzed and can not walk properly now and suffering a lot! Can you please help me?

Can I request changing a limited contract to unlimited to resign without restrictions?

Q: Good Day, Ma`am, I am S. H. from India and working with the waste management company in Abu Dhabi. My employment contract is limited and finishing in June 2021. I want to change it to an unlimited contract so I can leave whenever I want for a better opportunity. Requesting your valuable advice, thank you. Regards, S.

How to claim the payments made for a property after cancelling the project

Q: This is the brief of the request I have submitted: I have paid AED 183,000.00 for an apartment in a residential project, in 2 instalments of AED 91,500.00 each. However, the said project was later cancelled by the developer. A refund of the money already paid was promised by the developer but to no avail. The matter was raised to the Dubai Courts, where I pleaded my case against Case No [-----]. Dubai Courts Real Estate Committee have confirmed my name in the list of investors via official email on 08/10/2020. Now the said case has been transferred to Dubai Land Department. I, therefore, plead with the concerned office of your department to please update me with the latest information on the said case, and request for a timely decision and refund of the amount paid by me as an investor for the said cancelled project. I would be highly obliged and grateful for your just advice on the above.

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Right of the buyer to terminate the SPA and request refund for delay in handover

Q: I purchased an off-plan property in 2017 in Dubai. Handover per the SPA was early 2018. I served a formal request for handover in 2018, however, the builder used 1-year extension as per the SPA and revised the handover date to early 2019. Then in 2019, I enquired about the handover, but the builder used an additional 1-year extension as a remedy period. Again I enquired in 2020, construction was incomplete but the seller/builder promised mid-2020. Now in 2021, the building is near to completion (but still not certified). However, I have raised a formal request to claim a refund as per the contract due to delay. Can I personally go to the Dubai Courts service center and make a legal notice to the builder. I am a non-Emirati, however, a resident. Please advise

How to hire employees outside the UAE while the entity is in Dubai?

Q: Hello, We have an entity in Dubai Freezone. If we want to hire employees outside the UAE, for example in India or in London, any other location outside the UAE, how do we hire them? I`ve heard of RemotePass which helps to make contracts for contractors outside the UAE. Is this the solution to hire people outside the UAE legally with only an entity in Dubai?

شركة أجنبية ترغب في تأسيس شركة ذات مسؤولية محدودة

س: نحن شركة أجنبية في الولايات المتحدة الأمريكية ونريد أن نفتح شركة ذات مسؤولية محدودة في إمارة أبوظبي بشراكة مع مواطن إماراتي. ما الإجراءات المطلوبة لذلك؟ وهل هناك موافقات من الجهات المختصة داخل الولايات المتحدة؟ وما التكلفة؟

إعلان التكليف بالوفاء ضد شركة موجودة خارج الدولة

س: كيف يتم إعلان التكليف بالوفاء ضد شركة موجودة خارج الدولة (إسبانيا)؟ وما جهة الاختصاص القضائي في الدولة في حال عدم ذكر ذلك في الاتفاقية أو العقد المُبرَم بين الشركتين؟ وهل المبلغ الواجب ذكره في تكليف الوفاء يشترط أن يكون بالدرهم الإماراتي أم بالعملة التي تم التعامل بها؟ وما اللغة الواجب استخدامها في الإعلان: العربية أم الإسبانية أم الإنجليزية؟

Paying the police fine while the loan is settled with the bank

Q: I had AED 120,000 personal loan + 20,000 interest out of which I paid AED 100,000 till last May 2020. I was out of UAE due to transplant surgery and was unable to go back due to the Covid situation, meanwhile, in July 2020, the bank deposited my security cheque of AED 120,000 & it bounced. For the past 1.5 years, I am without a job or income. I am trying to reach a settlement with the bank to clear the cheque bounce case. My questions are: 1) If the bank agrees to a settlement and, after payment, withdraws the cheque bounce case, should I still pay the police fine? 2) While entering the UAE, will I have any problem after settlement? 3) What are all documents that I should request from the bank before & after settlement? 4) I have AED 40,000 outstanding on a personal loan, requesting the bank for a one-time settlement of AED 20,000. Can any law firm help/assist me with that?