Questions & Answers - Legal Advice Middle East

Obtaining a PCC in case of a pending loan after being made redundant

Q: I have a salary transfer loan of circa AED 660K, out of which AED 600K is remaining. My company made me redundant. I need guidance over loan settlement and what would be the impact on the police clearance certificate in case the bank files a case against me. I am ready to face the court of law but I only have 2 months before my visa will be cancelled.

Rights of the employee in case of resigning during the probation period

Q: I was working in a company in Dubai on a family visa. I was not provided with any labour contract during my tenure. I have resigned under probation serving 7 days of notice period as per their contract. They also deducted my 1 month & 8 days of salary by considering it as training and licensing cost. Now the HR and the manager are not responding to me to clear my incentives and complete my exit process. I also want to know whether the employee is supposed to bear the cost of licensing (DHA) if he/she resigns under the probation period.

How to terminate a property SPA for delay in handover and request refund

Q: Hi All, I bought a property in Dubai in May 2018. The timelines are mentioned below. Dec 2017: the project was commenced. May 2018: I bought my property (30% Paid and 70% Mortgage (upon completion)) March 2021: (66% project completed as per the RERA website). As per my SPA, the project completion date was Dec 2019. 2020 being a force majeure year I am not sure if we are supposed to count that in the compensation period. Other than that I wanted to know what kind of compensation should I expect and in what form (rebate on the property or cash). I wanted a solution for 2 aspects. 1) Compensation 2) Terminate the contract. Your inputs are highly appreciated.

How to get your labour rights in execution after obtaining a favourable judgment

Q: Hi, As per a Dubai court order on 04/01/21, the company has to pay me. Then the court has issued a letter on 04/03/21 to freeze the bank account and trade license because of denying the court order. Still, I did not get any good news. Please let me know When I will get my end of service and pending salary.

How to sue an employee for taking money from company and forging visa cancellation

Q: I run a company based out of Shams. Our employee took a loan from the company and refused to repay. He forged signatures to cancel his employment visa with us and moved to another company. We want to file a labour department complaint against him.

Termination of SPA due to the delays in delivery and getting refund

Q: I`ve signed a booking form only back in September 2016 for an off-plan project. As per the booking form, the expected completion date was Dec 2017. I paid until mid of 2017 30% of the value of the property, as 70% was set to be after the handover. The project is now recently completed in 2021. I have not signed any SPA and reservation agreements for the residential apartment. They did not give me reservation and SPA until the end of 2019. I requested a refund of my 30% payment back in Jan 2020 due to significant delays. Now, the handover started and I don`t want to pay the final handover instalment. I would like to ask if I can claim a refund and compensation based on the facts above.

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How to evict a tenant for failing to pay rent since one year?

Q: I have a tenant living in my apartment. She has not paid me the rent for over 1 year. She pays small amounts into my account once in a while. The current outstanding is around AED 110,000. I want to evict her from my property. However, I don`t have any cheques from her as she used to always pay the rent directly in my account. What can I do?

Why a permanent administrative ban is issued?

Q: Hi, One of my relatives got a "permanent administrative ban" while entering the UAE. How can I find the reason?

Claiming money invested in properties in Ajman after the developer died

Q: Hello, I have a friend who invested 15 million dirhams in real estate projects in Ajman. The developer took the money and fled the UAE. The case has been in Ajman courts for 15 years and nothing had been done. The developer had recently died aboard. Can we sue his estate?

Removing a partner from a company in a Freezone and cancellation of his visa

Q: I have a company in Ajman Freezone. We are 2 investors (myself and a business partner). I wish to remove myself as an investor and cancel my visa. The trade license expired recently and there is a small outstanding amount to be cleared as well. How can I proceed with the cancellation of my visa?

Inability to get money back after receiving the final execution judgment

Q: I have 10 bounced cheques with me that I had received from a company for the supplies given to them. I had filed a civil case against the company here in Abu Dhabi. The judgment came in favor of me that I should get the amount and later went for execution also. I also received the judgment in my favor that I should receive the whole amount including court fees. After that, I put a travel ban, block in Muroor, bank, and an arrest warrant was applied also. As of now, the procedures had completed a year and a half back, and still, when I enquire in the court, they tell me that there is no money and ask me to enquire in the CID department. But several times I went to the CID department and they are telling me they are searching for the person. The person is a local Arab and I heard that he is still here in Abu Dhabi. Is there anyone who can help me out in this case?

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Time frame for a final settlement of an end-of-service gratuity to be issued

Q: Hello Madam, Good Morning! How many days does it take for a final settlement of an end-of-service gratuity to be issued? I am told that it may take 30-45 days. What if we close the bank account and go back to our country?

What happens after filing a report to the police for a bounced cheque?

Q: Hi, I made a bounced cheque report to the police. The amount is 250,000 AED. I have been to the police station to complete the process. On the police app, it shows "transaction completed". Now, I am unsure what happens next! When will they arrest the person? Call him to the police station? etc. Basically, I`m waiting for something to happen but don`t know exactly what happens now!

Cheques issued for the benefit of a friend who stops paying his loan

Q: Hi there, Last year in January, one of my friends asked me to give cheques to him to buy a flat on rent and he gave me the reason that he is having bank issues that`s why he cannot use his cheques. He promised me that he will pay on time and I will not face any issues. But after April, he stopped paying and I started getting calls and emails that I am having a case in the police and the civil court. I have a travel ban. My dept is 60,000 AED. I don`t have enough money to pay this amount and that guy isn`t paying either. Can anyone help me to get rid of this? Thanks in Advance!

Time frame to get a travel ban removed after loan settlement

Q: Dear Ms. Rajasree Ravivarma, I need your help to know how much time it takes to get the travel ban removed after the loan settlement amount is paid to the bank? I am in discussion with the bank to settle my loan amount.

How can you terminate a property SPA and get refund for delay in handover

Q: I have purchased Residential Villa, in a project in Dubai; the value is AED 7,100,000. The project started in 2013 and was supposed to be completed in 2 years time. The project today is showing 38% completion on the DLD website. I have paid 35% a long time back, also I have paid the registration 4% fee, and I have Title Deed. In my opinion, the project is unlikely to be completed in the near future, although the DLD website says Dec 2021 completion. I am looking for a lawyer who will get me a refund for the money paid, and also if possible refund of Stamp Duty and also compensation/interest. I will pay the lawyer only after I get my money back.