Questions & Answers - Legal Advice Middle East

The requirement for an Emarati Advocate to register Commercial Cassation at High Court

Q: The requirement for Emarati Advocate to register Commercial Cassation at High Court. There is an existing old law that states that only a registered Emarati Lawyer can register a Cassation lawsuit at the High Court for the 3rd level of the litigation. However, recently I was informed that there was a new resolution that allows a litigant to register a cassation lawsuit without presenting the POA in favor of an Emarati Advocate. If this is true, can you inform the resolution number? Please confirm if current Civil procedures demand an Emarati Advocate for Cassation lawsuit, or has that requirement been removed and now litigants can register their own Cassation lawsuits just like they can register First Instance and Appeal Lawsuits. PS: I also need to hire a lawyer for a new Commercial lawsuit. Please inform me of your phone number and I will call you. Thank you!

رفع دعوى للعودة إلى العمل بعد الفصل بسبب جائحة كورونا

س: أنا موظف في شركة مقاولات. عملت لديهم مدة خمس سنوات وفي شهر أبريل من العام 2020، تم فصلي من العمل بطريقة تعسفية وبسؤال مدير الشركة عن الأسباب، أفاد بأن السبب يرجع لجائحة فيروس كوفيد 19، وعليه أرغب في رفع دعوى قضائية للعودة إلى العمل.

Claiming labor dues after signing the cancellation document

Q: Hi Rajasree, My Concern is I have worked with a company for almost close to four years and just recently I moved to another organization before a month. Upon cancellation of my visa, the previous organization has assured to provide me with all dues in the future, and hence, I have signed the same. As you are well aware of that, companies would not wait for the arrival of employees quite longer than usual and on mutual faith, I have signed the cancellation document. Now on a recent development, the previous organization`s MD has not responded to any calls and of course, I have sent an email. My pending dues are close to around AED 14K including two months` remuneration as well. Please suggest your advice and help! Thanks,

Legal dues upon resignation from a freezone company

Q: I would like to seek assistance in regards to my resignation and end of service settlement. - Duration of work: 3 years and 4 months. - Type of Contract: Unlimited in Freezone. 1. How is the calculation of gratuity in Dubai Silicon Oasis Freezone? Because I got only 2/3 of 21 days. 2. If I win, can my ex-employer pay all my expenses; including my lawyer? Will the court approve that? 3. Can I ask for compensation for Psychological Damage? Thank you!

التحقق من دعاوى مرفوعة بسبب قرض بنك قبل العودة للإمارات

س: السلام عليكم. غادرت دولة الإمارات العربية بعد انتهاء إقامتي منذ أكثر من ٥ أعوام. وبقي في ذمتي مديونية (قرض شخصي) لبنك دبي الإسلامي تبلغ حوالي ٨٠ ألف + بطاقة ائتمانية (كريدت كارد) بحوالي ١٠ آلاف دهم. توقفت عن الدفع الشهري بحكم انتهاء إقامة العمل ومغادرتي الدولة ولم أستطع أن أسدد أي شيء من القرض. الآن أريد أن أصل إلى تسوية مع البنك أستطيع بموجبها أن أعود في يوم ما إلى دولة الأمارات بدون أي مشكلة. آرجو المساعدة. هل هناك قضية في حقي؟ ما نوع القضية، وكيف أعرف؟ هل أستطيع أن أصل إلى تسوية معقولة مع البنك، ننهي بموجبها القضية؟ شكراً ولكم فائق الاحترام. أ. د.

The possibility of getting detained in the UAE for a loan in KSA

Q: I have a delinquent credit card loan in KSA which I am certain they have filed a case against me. I am moving to Dubai soon and wanted to know if there is a possibility I will get detained in Dubai for credit cards (170K SAR) delinquent loan from KSA?

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The law governing payment of invoices in the UAE

Q: Which law governs unpaid invoices in the UAE? Which act and section (article number)?

Is it legal to publish details of a developer's misconduct on social media?

Q: What are the legal limitations for an investor to share details of a developer`s misconduct with the media and publish them on social media, assuming that the investor will not lie? If there are any limitations, could you please point out which laws or regulations impose those limitations? Thank you!

Calculation of gratuity for an employee worked on limited and unlimited contracts

Q: I am an anesthesiologist who recently was terminated on organizational requirements. My contract (limited) started on 26 May 2016 until 25 May 2020, and unlimited contract from 31 May 2020 until 23 January 2021 in the same organization. The basic pay was 20000 Dh during the limited contract and 18000 for the unlimited contract. How will the gratuity be calculated?

How long does a general POA last and how to revoke it

Q: How long is a "General POA for Cases" in the UAE valid? Is there any expiry date? Is it possible to revoke this specific POA from abroad, without being in the UAE?

Filing a complaint if the visa is not stamped on passport

Q: Is it possible to file a complaint if the visa is not stamped on the passport? My visa is available online when I check, but it is already 3 months since the process started and the visa is still not stamped in my passport. They always say that the passport is not yet collected by Zajel. I started to buy a freelance visa on December, 18. Now, entering the 3rd month. I need my passport badly as it is required for applying for Poland visa. Please advice. Thank you!

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The consequences of breaching an unlimited contract by an employee after 4 months

Q: Respected advisors, Please guide on the consequences of breaching an unlimited Mohre contract by an employee. He worked only for four months and resigned. Shall he compensate for the visa cost? Notice period? He wiĺl join a free zone company.

Is it possible to transfer a company license from one free zone to another?

Q: Hi, I am S. A. and I have a Sharjah free zone license. I want to shift my license into Dubai free zone with the same name. Kindly advise me if there is an option. Thanks & Regards, S. A. K.

How to sue a company for forging invoices to get a verdict against our company

Q: Greetings! A company filed a claim against our company for an unpaid invoice amount; they got an order from the primary court in Dubai against our company based on forged invoices. 1- We never received any summons/notice of the claim against us (neither from the court nor from the claimant), so we can file our reply/defence; 2- Once the court issued its order, we were served with the court order to pay the x amount; and 3- The claimant forged invoices (their receipt by our company by forging our employee`s signature on such invoices). Questions: 1- Is the lack of summons/notice a ground for appealing the court verdict? 2- Isn`t forging someone`s signature a criminal act under the UAE law? Any advice will greatly be appreciated. Thank you!

How to obtain the NOC from a developer after paying full price of property

Q: I purchased a flat located in JBR in the secondary market. The developers have not released NOC and make themselves extremely difficult to reach. Without NOC I cannot register the property in DLD. What are my rights? I paid 100% upfront.

What can I do if my wife is not letting me see my daughter after separation

Q: My wife and I have separated already 2 years and right now we decided to get divorced. We already opened a case for non-Muslim. She took my daughter to Spain to stay with her mother and she came back to Dubai alone a month back. She doesn`t let me talk to my daughter AT ALL. She also told her mother to block me. And even my mother, who lives in the same city, not allowed to visit her. Since she took my baby to Spain, she allowed me to do a video call with her only 2 times (she is there already 2 months). And since mid of Sept, she allowed me to see baby only 1 time before she travelled with her. Before we initiated the divorce I could to call my baby every 2 days. We were taking turns to take care of her (1 week she is staying with me and 1 week with her). I know that I have a right to see and talk to my baby but she doesn`t let me. Even right now she blocked me again for a week already and her mother too. Is there anything I can do in this case?