Questions & Answers - Legal Advice Middle East

How to recover commercial invoices pending with other companies

Q: We run LLC construction and transportation company established in Dubai and Abu Dhabi. Both are separate companies. However, there are companies that owe us nearly 3 million. - Among the companies, one of them was executed in 2013 and paid us 26% (600k out of 2.3M) of the total amount. - The second company was declared as defaulter 3 years ago and has to pay us yet. No execution has taken place. The lawyer was hired and the case is still with her. - The third company, main-contractor and we as sub-contractor. Recently, the project got terminated by the client and owes us around 850k, no claim has been filed yet. My question to a lawyer: 1. Can I re-open a case against the first company and transfer it to Saudi Arabia where they`re based? I`m not sure if they still have projects in the UAE. 2. Do you see all these as a potential case that can be executed and handled by a single lawyer? If yes, I can email you all the documents and I would like to get feedback so we can proceed further. Thank you

Consequences of the early termination of a renewed limited contract

Q: Dear all, I completed an initial 2-year limited contract which ended in January. Now we will sign a new contract, likely also limited. If I did not continue my employment (i.e. renew), I think I would be entitled to 42 days of EOSB plus one month of annual leave not taken. If I sign a new limited contract with one-month notice period but leave before the end of that contract`s term (and before completing 5 years of service), do I lose that accrued EOSB even though I completed the first contract? Plus would I be liable to pay a 3-month penalty?

How to settle a case with the bank after defaulting on payment due to COVID-19

Q: Hi I hope someone can help me with a solution to this current situation. I borrowed a personal loan of AED 260,000 from a bank. I already paid 24 months instalments. In the month of April 2020, I lost my job due to COVID-19 and the bank has given me a 3 months payment holiday. However, my employer has cancelled my visa and I had to fly back to my home country. I have informed the bank about my current situation and even requested them to grant me a few months of payment holiday until I can find a new job. Also, I have other credit card liabilities I wasn`t able to pay consistently since I am having financial issues. Recently, I found that the bank has presented my cheque for AED 260,000/- and it got bounced. Now, there is an active criminal case against me for my personal loan. Currently, I am unemployed and also I have very little savings left. Even If I get a job in the UAE in future, can I travel to the UAE? Please advise me on how I can resolve this issue.

Can I terminate my second limited contract after one year of service?

Q: I am working as a Nurse for limited-term contract and this is my second contract of limited-term which I completed one year on the second contract. I submitted my resignation with one month notice and my employer is not accepting my resignation. What are the consequences in this situation?

حق الموظف بالمطالبة برواتبه المستحقة بعد براءته بدعوى جزائية من صاحب العمل

س: لدي عقد غير محدد المدة. صاحب العمل رفع علينا قضية جزائية وأوقفنا عن العمل بدون راتب. الحمدلله، حصلنا على البراءة بعد 18 شهراً. هل من حقي أن أطالب بالرواتب التي لم أستلمها طيلة فترة التقاضي؟ مع العلم أنه رفع القضية في شهر 7 /2019 وعقدي انتهى في 15/10/2019 وصاحب العمل لم يجدده ولم يلغيه بحجة أنه رافع علينا قضية. الحمدلله أخدنا براءة يوم 20/1/2021. هل من حقي أن أطالب برواتبي بأتر رجعي؟

What are the precautions a wife needs to take before requesting divorce?

Q: I`m a Zimbabwean woman married to a Nigerian man for 5 years. We have been living in Dubai for a little over a year. I would like to divorce my husband as there are extreme irreconcilable issues. We have a son who is 4 years old with special needs. I`m a stay at home mum and have dedicated my every being in raising him since he was born. I would like advice as to how to proceed with a divorce in the UAE. My husband is a man with a short and sometimes violent temper. If I file for divorce and still live with him I fear for what would happen. Is it against the law to leave with my son to a safe place (a friend`s place/rent a place temporarily) as soon as I have filed? I have no intention of denying the father access to his son, every son needs his father, despite our differences. I just want to avoid a messy situation that my son could possibly witness. What measures can I take to ensure my son and my safety without breaching the law or damping my chances as his custodian?

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Entering the UAE with daughter without husband's permission

Q: I am in the process of divorce in Poland and the USA. The jurisdiction has not been ruled on yet. My 2 yr old daughter and I resided in Poland for the last year. My husband has sexual tendencies towards our daughter but it is difficult to prove. He is in the USA and filed for the Hague Convention. In the worst-case scenario, if I lose the Hague Convention, can I find protection in the UAE? I`m a skilled financial professional and I already have a job offer in Dubai. I am just wondering if (since I am still technically married) I will be allowed to work? Will I even be able to enter the UAE with my daughter without my husband`s permission? Since Hague Convention does not apply in the UEA and there is no extradition treaty to the US, can I find safety in the UAE and make it my home? (I am non-Muslim).

How to recover money amount lent to a person without written proof

Q: Can I file a claim against an individual to get my money back? I do not have any proof against the person except WhatsApp communication. Should I claim with police or with a court? Is there any imprisonment if the judgement is passed to repay in case he is not able to pay? Please advise. Thank you

Are property developers allowed to delay handover due to force majeure?

Q: Hi, The ACD mentioned in my SPA is October 2019, the developer further delayed the project to Feb 2020 and later again delayed to September 2020. In August the developer delayed the project citing force majeure clause mentioned and said delayed due to force majeure and delayed it to December 2020 The clause mentioned in the SPA says either party has to inform about the force majeure within 30 days of the force majeure but developer informed only in August. Can I claim compensation from the developer? Legally, they are allowed to delay up to 12 months but can I claim compensation from October 2020 till date? The building completion certificate has now been issued.

How to lift a ban or blacklist after getting deported from the UAE

Q: My mother was deported and got eye-scanned in 2010. I tried to apply for her a visit visa in 2014 but it was rejected. She does not have any court case. I am not sure if she was permanently banned or not. Is there a way to lift the ban or blacklisting? Thanks for your advice.

Partner's liability while other partners are outside the country

Q: My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country. The company bought things for AED 50k which was not paid back and now they filed a case. What will be the liability for my wife? she is not the manager of the company. What will be my wife`s liability for that company?

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How to determine the start date of work to calculate the gratuity

Q: Hi, My labour contract was made in Jan 2018 and the visa was stamped in March 2018. My last working day at the office is in Feb 2021. My employer says that the end of service will be calculated from the day visa was stamped, if that is true then please share the labour law article specifying that or something shows that what he says is false then what shall I do to claim the right figure for my gratuity?

Filing an absconding case against an employee to recover some dues

Q: There is an absconding case against me by my former company because I have some pending money to pay them after calculating my final settlement. As per the current situation, I couldn’t pay it. And without their agreement, I can’t close the case as well. I do not like to be banned from the UAE.

Is the agreement of sale of an off-plan apartment considered a muqawala contract?

Q: Is the agreement of sale of an off-plan apartment with a real property company - considered a muqawala contract? According to Art 872 of the UAE Civil Code: “A muqawala is a contract whereby one of the parties thereto undertakes to make a thing or to perform work in consideration which the other party undertakes to provide”. The Agreement with the company (or its group company) states: 5. COVENANTS OF THE VENDOR 5.1 .. the Vendor covenants to procure the construction of the Project ... 5.4 The Vendor shall remain liable for a period of ten (10) years from the date of completion of the construction of the Project ... 5.5 .. the Vendor shall deliver the Unit to the Purchaser .. constructed in accordance with the plans and specifications attached to this Agreement. 5.6 The Vendor shall construct the infrastructure of the Project including roads, lighting, walkways, and landscaping in accordance with the Vendor’s overall development plan for infrastructure. Should the Civil Code’s articles on muqawala govern this kind of agreement?

Implications of resignation after being terminated and rehired on probation

Q: Hi I worked for 9 years in a company and got cancelled for COVID-19 reason then after a month they rehired me. I have an unlimited contract. Question 1: I am under probation period for 6 months and during the probation period I want to resign to get another job. Is there a ban? Question 2: Is there a need to give a notice period?

هل بالإمكان اختصام الشريك بناءً على أنه يتملك ما نسبته 99% من الشركة التي تعاقدت معها؟

س: أبرمت عقدًا مع شركة لبناء عقار وحسب. مدون بالرخصة التجارية للشركة أنها مملوكة لشريك بنسبة 99% وهو شركة أخرى تقوم بنفس النشاط. هل بالإمكان اختصام الشريك بناءً على أنه يتملك ما نسبته 99% من الشركة التي تعاقدت معها؟