Questions & Answers - Legal Advice Middle East

Terminating SPA and seeking compensation for delaying handover of property

Q: What are the rights and remedies for the investor if the real estate developer has proven to have acted in bad faith? Assuming that there is evidence that the developer has consistently provided false/misleading information, failed to provide material information, and acted dishonestly, does this breach of law create any rights for the investor in addition to the rights arising from breach of contract? Thank you

How can I return an engine to the seller for discovering it is not working?

Q: Can I get my money back after I purchased an engine from a company in Dubai because it is bad and not good to be used?

What is the notice period in case of resignation during probation?

Q: I have been working in a hospital for 5 months when I submitted my resignation. I am a laboratory professional but my visa is archive clerk. My contract states I (may) work under 6 months probation period and states that the notice period is 3 months when either party terminates the contract. My question is I am still in the probation period, does this notice still applies? I tried to compensate for my remaining notice but they said they are currently not accepting it because there is no applicant but they are not posting their vacancy. Is there anything I can do to lessen my notice period? Thank you.

Automobile defects discovered after purchase from an authorized dealer

Q: I purchased a new vehicle from an authorized dealer in Abu Dhabi. When the car was delivered to me I noticed 6 defects. The salesman agreed, we sent the car back and it arrived again 4 days later they did they had fixed everything. It still has one significant problem, vibrations when driving. The salesman agreed that this was a problem, he sent it back and this time they said it was a problem with tyres and they would fix it. After 10 more days they replaced the tyres. When we received the car the third time, there was still the same problem, we spoke to the sales manager, he test drove and agreed. However the next day he said the service manager had now tested it and the car was fine and we must take as it is. We asked for a refund or replacement and they said we must pay AED 10000 in depreciation. What are our options?

Responsibility for the employee visa charges in case of resignation during probation

Q: Sir, I`m an employee in a company for the last 90 days. Now I have some family issues and I want to cancel my visa. They asked me to pay the visa cost. Is this right?

مقاضاة شركة إسبانية ليس لها مقر في الإمارات

س: تم الاتفاق مع شركة إسبانية على توريد عدد من الأجهزة الطبية وتم سداد قيمة الأجهزة بالكامل بناء على أمر شراء وتحويل بنكي إلى حساب الشركة بمملكة إسبانيا. لم أستلم الأجهزة! علمًا بأنه تم مراسلة الشركة عدة مرات وفي كل مرة يتحججون بأن المواد الخام هي سبب التأخير، ثم يتحججون بوباء الكورونا. ما الحل الذي أستطيع القيام به لاسترجاع أموالي؟ علمًا بأنه تم سداد مبلغ 36 ألف يورو والشركة خارج الدولة وليس لها أي مقر أو مركز إدارة أو خلافه داخل دولة الإمارات.

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Asking wife to contribute to home expenses and her refusal

Q: Dear Sir, I and my wife both are working in Dubai logistics; shipping field in different companies. Due to my salary condition, I have asked my wife to support me in the home rent & home expenses but her objection is that she cannot support me in rent as it is the husband`s responsibility and it is not good for a wife to pay with husband. I also informed her that if she cannot help me in this regard, then she should leave the job and sit at home so I will bear all the responsibility and if it is tough for me then I will choose the option to send her back to home country in order to send her expenses. But she warns me that she will leave me but cannot leave the job. So my questions are: 1. Is not a wife allowed to contribute/support in this regard to her husband? 2. Do the husband have legal rights to force his wife to stop going to work? 3. If the husband asked for a divorce, then what are the terms and conditions from husband`s side to release his wife after divorce?

What are the consequences of getting pregnant without marriage in the UAE?

Q: I am married and have a 5-year-old daughter. However, I split up from my husband a year ago (but still married). Now I am in a new relationship and pregnant. So, I am pregnant, married but not married to the father of the baby I am carrying. There is no time to divorce my husband and get remarried in time. What’s the best solution? Should I stay married to my husband so I can seek medical care here during the pregnancy? But then would that mean I have to put my husband`s name on the birth certificate? Is there any way I can put the father`s name on the birth certificate? I guess not, since I’m not married to him!

The application of notice period in case of resignation during the probation period

Q: Good day, All I am under an unlimited contract. I am still under the 3-month probation. In the 2nd month, I was given a role that was not agreed upon with them and not congruent with my position because the role needs a license which I don`t have. I have the skills and qualifications for that role so I was compelled to do it because I am new and wanted to keep my job. That time I have voiced out that I don`t agree with that but there was no response from them. Now, in the 2nd month of the project, they still want me to do the job but I refused and told them either they clarify and remunerate me fairly or I should just resign which I did. My notice period, as per the contract, is 3 months and I want to adhere to that because I still need to find a job meantime. But they emailed me that I can only work up to the end of the week because the notice period does not apply under probation. The Labor told me, when I called them, that I should serve my notice and if they want to end the notice, they should pay in lieu of the notice period. Please advise!

إزالة منع من السفر صدر ضد مدير شركة لا يعلم عن أعمالها شيئًا

س: سيدي المستشار، شركة ذات مسؤولية محدودة صدر ضدها حكم من المحكمة بدفع مبلغ من المال لصالح المدعية وذلك لكون الشركة أخلَّت بالتزاماتها في سنة ٢٠١٢ وبعدها في سنة ٢٠٢٠. تقدمت المدعية بطلب لقاضي التنفيذ لمنع أحد الشركاء في الشركة من السفر وصدر قرار من قاضي التنفيذ بالتعميم على مدير الشركة وهو مواطن إماراتي بمنعه من السفر. هذا الرجل كبير في السن، عمره ٦٦ سنة ولم يكن يعلم عن الأعمال التي قام بها الشخص الذي تم تعينه في الشركة باعتباره مديرًا بموجب وكالة. عند تقديم طلبات للقاضي المختص بإزالة منع السفر للمدير في الشركة، القاضي يرفض الطلب. ما الإجراء الذي يلزم فعله على الرغم من أن الشركة ذات مسؤولية محدودة وأن الشركاء لا يحاسبون بأموالهم الشخصية؟ كما أن الشركة متوقفة عن الأعمال ولم تُجدد رخصتها منذ سنة ٢٠١٢ بسبب الالتزامات ومطالبات الشركاء نظير التعاقدات التي حصلت من قبل الشخص الذي تم تعيينه مديرًا في الشركة بموجب وكالة. ما العمل والإجراء الذي يمكن اتخاذه؟

Can the employer cap the amount of annual leave days for employees?

Q: Hi, Good day. I just want to ask, the employee has more than 30 days of annual leave balance. But the employer is saying that the employee cannot take more than 30 calendar days of leave. Is it possible, what article it is mentioned in UAE labour law? Please advise. Thanks & Regards, J.

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The landlord right to keep security deposit for early exit from tenancy

Q: I closed a rent contract with my new tenant on 7 December and after 2 weeks she changed her mind and asked me to refund her the security deposit. She broke the contract and she is threatening me that she is going to make a complaint to RERA. She said that she couldn`t open the Ejari even though I provided her with all the necessary documents. I am not living in Dubai and couldn`t do it in my person. So I would like to know if I am entitled to any compensation because she broke the contract? I refuse to give her the security deposit which was even not fully paid (only 3k). I lost the rent for a month and refused other clients as I already had a contract signed. Thank you

What should you do when you get a police call without knowing the reason?

Q: I got a call from police yesterday said I should come today to give a statement they didn’t tell me what it’s about. I’m freaking out, all I know is I owe Etisalat. Apart from that, I don’t have any issues here. Can you help?

Legal action of a company owner against an employee stealing clients and business

Q: I have an LLC technical company made in November 2017 and sold 50% share to one of my employees in 2019. I gave him all signature authority to handle our company and his salary will be paid as an employee. Later on, in September 2020 he made his own LLC technical license without informing me with a similar name and business to my company and used all resources asset of our common company without my knowledge and permission for his personal company and personal benefit. He is still my employee and getting paid his salary as well as a partner also and he is doing all work with our common resources for his personal company use and taking our clients due to the similar name of his own business. I want to know if any Legal action is possible for his misuse of common resources and obtaining a license without any NOC. Please advise. Your early response will be highly appreciated.

Who is the signing authority of a company to give a POA?

Q: In a company, there are 3 partners and one of them is the manager. Now, who can give the POA for court cases to lawyers? Any of the 3 people can give or only the manager can give as per the UAE companies law?

Transferring the property of a deceased to his heirs

Q: Hi, My husband passed away last May. The car is in his name. I have two girls above 21 years of age. What is the procedure to transfer the car to one of our names, please? Many thanks in advance!