Questions & Answers - Legal Advice Middle East

Requirements to check whether a case is filed against an ex-pat for credit card loans

Q: Hello, I am writing to your criminal case services. I was living and working in Dubai between 2013-2017. Unfortunately, I’ve incurred some debts which I wasn’t able to repay in full due to loss of employment. Debts: Credit Cards Loans. I would like to use your services in order to check if any cases have been open against me in the UAE. Could you please provide your fees and which documents you may need from me? Looking forward to hearing from you. Best regards,

Can I resign during the probation period and return to home country?

Q: Hi Ma`am, Good Morning. I am working in one LLC company in Dubai, I signed an unlimited contract in the month of Jan 2021. Now I am not satisfied with this company and salary also not proper so would like to resign and go back to my country. Will there be any consequences if I resign within 6 months. My VISA belongs to the employer and my passport is also with them. Kindly advise. Thanks

Resignation after 15 days of work in limited employment contracts

Q: I have just joined a company with a limited contract. I signed an MOL, but haven’t done the medical tests. I am currently working and it’s been 15 days. Can I resign during this period or not? What might be the problem that I could face? Will there be any ban?

تعنت المستأجر مع عدم دفع الإيجار أو تكاليف الخدمات

س: السلام عليكم أستاذنا الفاضل، مقيم بالإمارات ولدي مستأجر في الشقة ممتنع عن السداد منذ حوالي أكثر من سنة بسبب صعوبة السفر لمتابعة الموضوع. كل فترة يقوم بكتابة كمبيالة بالمبلغ المستحق عليه وإعطائها لابنتي. عندما طلبت منه إخلاء المأجور امتنع. عليه مستحقات عالية جراء استهلاك الكهرباء والماء. أبلغت شركة الكهرباء بفصل الخدمة عن الشقة إلا أنه لم يتم؛ فقمت بفصل الخدمة عنه. رفع شكوى ضد ابنتي. أُجبِرت على رد الخدمة. ملاحظة: العقد منتهي منذ شهر سبتمبر 2020 ومعي منه كمبيالات تأمين وكمبيالات بقيمة الإيجار وعليه قيمة إيجار غير مدفوع. يُرجى الإفادة!

Right of the employee to resign without notice in case of holding salaries

Q: Good morning. My sister joined a company 2 weeks before her visit visa expired. Her company delayed processing her visa until she got overstay fines. The company now suggested she pays for the fines before they issue her employment visa. She didn`t have money and requested for the overstay fine to be deducted from her salary because she wants to work. The company made her sign an agreement paper stating AED 6000 will be deducted from her salary as overstay fines. The company is deducting this cash monthly alongside a deduction because of COVID-19. But for two months now, they didn`t pay her salary. Every time she requested the salary, she is not given it. Now she stops working and wants to be paid before she starts working again. She is still in her probation period and wants to request termination because the company is not terminating her. Would she have any ban if she requested termination during this probation period or if the company decided to terminate her?

Is it legal to invest in a crowdfunding outside the UAE?

Q: Regarding investment in a UK-based crowdfunding platform from the UAE I am a UAE (Dubai) resident. Is it legal to invest in a startup that is based in Cayman Island and London through UK based crowdfunding platform (crowdcube.com) from the UAE? Looking for precious advice. Thank you!

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Is it necessary to get the NDAs attested by Notary Public?

Q: Hello, My company is developing a real estate project and we are signing NDAs with many vendors and potential clients. I wanted to ask if it is necessary to get the NDAs attested by Notary Public. In case there is a conflict and the case goes to court, can we present the NDA (which is not attested) to the court? Please advise on the same. Many thanks in advance!

The employer is not responsive regarding executing the court order

Q: Dear advocates, I, the plaintiff, won a legal case against my employer. I am the employee. The judgment date was Feb 7, 2021. I wrote an email to my employer 10 days before attaching the court order asking for payment as per the court order, but there is no response from the employer to date. Can you advise me regarding further actions to be taken by me to get the money from my employer as per the court order? Also please advise about the overstay fines if any, as my visa expired well before the judgment date. As I am jobless for more than 10 months now, I am suffering much, and I want to go back to my home country at the earliest after collecting the money from my employer. Kindly advise me about the possible remedies. Regards,

When do you consider a civil or criminal claim time-barred

Q: Reviewing this article and UAE FL 18 of 1993, Article 95 CTL states 10 years for commercial obligations between bank and person (trader): I would like to know if the statute of limitation (time-bar) can be brought up in court for defence if the verdict by the initial court is issued in 2010 (10+ years ago) and nothing has paid by the debtor after the execution of the verdict. Exp: If a case has a time table like below, can the defendant still use the law in relation to time-bars? - Case opened in the UAE initial commercial court: 2010 - Case reached a verdict in absentia (UAE commercial initial court): 2010 - Case is sent to Execution court and remained there ever since: 2012 If nothing has changed and no payment is made, am I right to assume that after 10 years (2021), this claim is time-barred and the defendant can use the statute of limitation as his defence with the debtor?

What is the effect of unpaid loan in the UAE on travelling to other GCC countries?

Q: I left Dubai in 2017 & I have a loan amount of 35 to 40 thousand USD from a Bank. Now I want to travel to Qatar for work propose. Can I travel to Qatar? If I tell I can work & pay the debt from there.

How to sue the employer for reducing salary without a valid reason

Q: Good morning, I am planning to file a complaint against my employer who has not paid me a housing allowance similar to my male colleagues at equivalent positions on account that I am a woman living with her husband. I have 3 questions: - What is the impact of filing a complaint with MOHRE on my employment visa? - Am I compelled to stay in the country until the matter is solved? - And can I claim retroactive payment for all the unpaid housing allowance amounts? Thank you for your advice.

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Clearing a criminal case of a bounced cheque to obtain a PCC

Q: Clearing a criminal case of a bounced cheque to obtain a PCC I have a current police case in Abu Dhabi due to a bounced security cheque of AED 200000 from a bank for my Loan. I have cleared all the outstanding dues as of Feb 2021. I am outside the country, and I have just applied for UK immigration. I want to remove my police case and get a police certificate for UK immigration. I have received a judgment against me to pay the 10000 AED fine. If I pay the fine amount online, will I be able to obtain the PCC?. Thank you for your help!

Checking the criminal system before traveling abroad

Q: I have a question. A company had put a case against my company because there was a disagreement between both of us and we went through the whole procedure of court dates and the judge pronounced his verdict. Now, I want to travel for a business visit to a factory based in China to get products to supply in Dubai, I would like to know if there will be a travel ban or I will be arrested at the airport during immigration.

How to claim gratuity and unpaid salaries after termination for COVID-19

Q: I am employed in a private firm and my visa is from Umm Al Quwain. As a result of the current pandemic, the company asked me to be on long unpaid leave and agreed to pay my pending salaries along with the employees still on the payroll. Now they have sent a termination letter as my visa is expiring this March `21. However, my salaries for 4 months are still not paid. I can register a labour complaint. In case it is not resolved through MOL, then it would be referred to court. This would take some time and my visa is expiring, so there are sure chances of overstay fine. Who will bear them and also the legal charges, if any? Also if I get an opportunity to work with a new organisation, would there be any issues with a new employment visa? Look forward to your kind suggestions. Regards, L. R.

What should you do if the employer refuses to give a copy of labour contract?

Q: Hello, Actually, I got a job in the UAE and right now I am working in a private company. Anyhow, I signed the labour contract without reading that because they didn`t give me time to read it. But we forgot about that. Now I got the visa from the employer. I have mailed to my owner and management to send the labour contract copy of mine, which I signed already. But they are saying, it`s confidential I can`t send it by mail or anything. If you want to see that labour contract come to the Dubai office and check that. Right now I am working in Abu Dhabi. They are not even paying also. Could you please give me some idea? Is it a fact what they said, that sending a labour contract is confidential?

تنفيذ قرار قضائي في الإمارات بعد ختمه والمصادقة عليه في السعودية

س: تحية طيبة، صدر قرار قضائي من محكمة التنفيذ في الرياض بإلزام المنفَّذ ضده بدفع مبلغ (.........). من المعلوم أن قرارات قاضي التنفيذ في السعودية نهائية غير قابلة للاستئناف. المُنفَّذ ضده سوري الجنسية ولديه إقامة في الإمارات وهو شريك في شركة مقاولات مقرها دبي بنسبة 49%. ما الإجراءات الواجب اتباعها لتنفيذ القرار القضائي في الإمارات بعد ختمه من وزارة العدل في السعودية والمصادقة عليه من وزارة الخارجية السعودية؟