Questions & Answers - Legal Advice Middle East

شركة مقاولات أوقفت العمل بسبب زيادة الأسعار بدون اتفاق مسبق مع العميل

س: راعي شركة مقاولات أوقف العمل لأن سعر الحديد الإماراتي ارتفع في السوق ويطلب مني فرق وفائدة وقف العمل في الموقع. لقد وقعت العقد الخاص بأرضي وليس به أي بند بخصوص ذلك.

The application of a travel ban due to offensive language

Q: Hello, In case someone complains to the police for offensive language / bad words in the UAE, is there any immediate travel ban against the offender? Or in general, is there any travel ban if the case is open for such an offense? If yes, then at what stage of the case the offender cannot leave the UAE?

The buyer pays seller and buyer agent fees, is this correct?

Q: Hi, I recently bought a townhouse in Dubai. I paid both the seller and buyer agent fees (2% each, 4% total). I was told that it is the way to be done in Dubai. Is this correct?

How to claim money back from a partner after separation

Q: Good afternoon, I am writing from Italy. Before going to court, I would like to know, according to UAE`s laws, if I`m entitled to claim my money against my former Bangladeshi partner. I will sum up the situation briefly: I and my Bangladeshi partner opened on 23rd April 2019 a fifty-fifty trading company in Ajman FreeZone. Due to Covid in June 2020, we decided to separate. Meantime in July, we received an order from a customer with a shipment date in November. After order, proforma invoice, adjustment quantity, etc, on 1th of September, we received a definitive LC at sight from the customer. On the 14th of September, I signed in favor of my partner and left him all my 50% shares for free. I want to know if I`m entitled to ask for my part of the money because I brought the customer and my former partner doesn`t want to pay. Please note that I signed a transfer share form in Ajman FreeZone offices, but nobody wants to give me a copy. Many thanks for helping!

The rights of husband in case of KHUL demand by wife

Q: In case of KHUL demand by wife, do I as a husband have the right to ask for compensation for all the expenses incurred during marriage and return of our gold given during marriage including mahr and money spent during marital life? Is it mandatory for the husband to accept Khul when demanded by the wife for such marital discords? In case of domestic violence by husband, what are the legal consequences here in the UAE? And also what is the law for verbal abusive nature of the husband? There are phone recording and voice recording proof for this. Is it legal? Can the husband claim custody of children? If the marriage happened in Dubai Sharia Court, can divorce procedure be done in India? Can home country law be applied for the divorce proceeding in Dubai? Both of us are Indian. How to issue a travel ban for kids? How a father can take custody of children after 11 years of age? What are the requirements?

How to settle possible cases for a bank loan and return to Dubai to find a job

Q: Last year, in 2020, I had to leave Dubai due to a personal issue and I still had an outstanding loan. And now I want to go back to Dubai ASAP to find a job. What should I do?

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How to settle an outstanding bank loan to return to Dubai and find a job

Q: In Jan 2020, due to my personal issue, I had to go back to my country. When I left Dubai, I still had an outstanding personal loan of 125K, but the bank already deducted 49K from my gratuity money. According to the bank, I still have 73K, but I`m unable to pay my instalment since I don`t have any job or income source. I`m planning to go back to Dubai ASAP to find a job, but I also understand I will face a travel ban, and they will catch me once I enter the country. I would like to settle the outstanding if I have money, could someone advise me. Many thanks

The consequences of resignation before stamping the visa on the passport

Q: Hi, I have just joined a company in Dubai for 2 months. In the contract, it does not show any probation period. They said that they are already done with my visa but not yet stamped on the passport, also not yet done with my EID. If I resign, can they ban me? Or I have to give 30 days period before I can quit? Thank you!

How to make sure the employment visa application won't be rejected for TB

Q: Dear Madam, I worked 14 years as a sales supervisor at one leading retail company in the UAE, Dubai from 2005 to 2019. I left the UAE and returned back to my home country Nepal in August 2019. Now I got a job offer from the same company and want to return to Dubai. I am wary regarding medical fitness test as I was diagnosed with tuberculosis TB in 1999 while I was in Kathmandu and treated at a government hospital and completed my medication and thereafter, I never experienced any medical issues related to TB. Kindly let me know the process, how to apply for the UAE residence VISA. Thanks and best regards P. from Nepal

What happens if you resign before completing your probation period?

Q: Hi Ma`am, I am working for a private company. My contract is unlimited and I have been here for 4 years. My question is if I resign with one month notice period before 6 months completed with an unlimited contract, will the employer impose a ban? What will happen if I resign from the company before 6 months?

Paying a criminal fine to clear a travel ban while being outside the UAE

Q: I lost my job in the UAE in 2017 and left with debt. I think I already have 3 cases filed against me. I want to go back to the UAE as I have an employment opportunity. Can I pay the criminal penalty at court to clear my travel ban while I`m outside the country?

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إثبات علاقة العمل رغم عدم وجود عقد أو عرض عمل

س: أنا من اليمن. عملت مديرًا إقليميًا لشركة إماراتية لها وكيل في اليمن. نظرًا للظروف في اليمن ولحاجتي الماسّة للعمل، عملت ثلاث سنوات تقريبًا بدون عقد، وفي النهاية تم توقيفي عن العمل بشكل مفاجئ وتعسفي بدون أي سبب ولم يُصرَف لي راتب آخر شهرين.

العودة إلى الإمارات لمدة أسبوع واحد مع وجود قرض غير مُسدَّد

س: أخذت قرضًا من بنك بقيمة 97000 بلغ بالفوائد 124000. سددت 41000 ولي 6 أشهر لم أدفع أي قيمة لفقداني عملي. أرسل البنك إيميل أنه سلم الشيك للشرطة وأنا حاليًا خارج الدولة وأريد العودة لدبي لمدة أسبوع (إقامتي إصدار دبي). هل أواجه السجن عند وصولي المطار؟ وهل يُسحَب جواز السفر لأكثر من أسبوع؟

تأخير الرواتب لأكثر من 6 أشهر والمطالبة بإلغاء الإقامة

س: السلام عليكم، لي رواتب متأخرة بالشركة لأكثر من 6 أشهر وانتهى عقد عملي وصاحب العمل يماطل في تسليم رواتبي المتأخرة ومستحقات نهاية الخدمة حتى انتهت إقامتي. أصبحت مخالفًا. هل أستطيع تقديم شكوى في مكتب العمل والتقدُّم بطلب لإلغاء إقامتي؟

دمج شركتين تحت مُسمَّى واحد

س: أريد دمج شركتين تحت مُسمَّى واحد ونقل جميع العمال وجعلهما كيان واحد.

Filing a complaint against a company after withdrawing a job offer

Q: I signed an offer letter and a copy of a contract in a company located in Dubai Design District. I resigned from my current company located in Jebel Ali and will be ending my noticed period on April 4, 2021. Now the new company is really unclear about when I can start joining them. If the company does not pursue my hiring, but I have already resigned and lost my job, are there any legal complaints and claims I can file?