Questions & Answers - Legal Advice Middle East

Consequences of failing to reach a loan settlement with the bank

Q: I have a case in the UAE due to personal loans and not paying monthly instalments after job loss and other family issues. I went back to India in March 2019. The loan is not paid since Aug 2019 and I cleared all the dues on Jan 8th 2020. I informed the bank to withdraw the cases and allow me to come back to the UAE. At that time, they didn`t accept and informed me to go for a one-time settlement which I cannot. I tried several times to have an amicable settlement but they are not accepting. Now they come up with a solution of paying AED 25000 as down payment and the remaining AED 40000 in 20 instalments. Due to my current financial crisis, I am not able to pay this. Is there any other solution to sort out this matter? Another thing now, I got an offer in a Qatar-based company. Is there any problem That I will face while I`m trying to enter Qatar? Please help. I need to get out of these issues.

The time frame of a labour case before getting the dues

Q: I would like to know how much time it takes to resolve a labour case in Dubai court. Is it really taking more time due to COVID-19? I had registered a labour case in April 2020 in Dubai and it is still going on.

How to claim the security deposit back from the landlord

Q: Hello Madam, I hope you`re doing fine. I am unable to get a security deposit of AED 2000 from the landlord. The current real estate agent claims that the landlord has some legal dispute with the former real estate company and I can`t get my refund. Can you kindly guide me on the above?

Legal procedures against the tenant for failing to pay rent

Q: Hi, I have an apartment in Dubai rented out to a tenant since Mar 2020. I have been a very supportive landlord in the COVID-19 situation, have collected monthly rents in cash instead of depositing the cheque even delayed the rent for a couple of months, and reduced the rent for July 2020. For the last rent cheque which is due next week Jan 10th 2021, the tenant has asked me not to put the cheque and still requesting for negotiation. The tenant lost his job in April but was successfully running his own business on an extended residency visa from his company. His visa is cancelled now and says that accounts are frozen, and not to put the cheque. When I asked for cash payment he said there is no money. Can I still choose to deposit the cheque and proceed legally? Or Should I give him a one month notice? Do I still need to wait for his green light to put the cheque? I feel the tenant is taking undue advantage of me being nice since it has happened every month since April. Please advise.

Delaying the issuance of a court clearance certificate

Q: I have applied for a court clearance certificate on 29 November 2020, but they have not sent it to me. Please help me!

تهديد صاحب العمل للموظف لقبول جزء من حقه وإما يطعن على حكم المحكمة

س: قدمت شكوى ضد الشركة التي عملت فيها لمدة 4 أعوام وحكمت المحكمة لصالحي مع العلم أن الخصم تعمَّد عدم حضور الجلسة وأغلق تلفونه حتى لا يتم إعلانه وقد أُعلِن عن طريق البريد الإلكتروني للشركة وانتظرت مدة الاستئناف ولم يستأنف. بعد ذلك فتحت ملف تنفيذ وبعدها عرض عليّ صاحب العمل جزء من حقي وطالبني بتقبُّل المبلغ وإلا سيطعن في الحكم ويوصي العمال أن يشهدوا ضدي.

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Staying in the UAE for three years without a valid visa

Q: Hello, I have an Indian friend. he lived in Dubai for three years and when he was exiting, he knew that he overstayed in Dubai for 3 years. He had a visa that was valid for only one month. When he decided to go back to India, the immigration officer said that he should pay a fine (big amount) or he gets banned. He did not have such an amount of money so they scanned his eyes, then he left. Anyway, one year has passed since he left Dubai and he wants to re-enter Dubai because he has a job opportunity (with a working visa ). Is there a problem? I want to know how much he should pay to Dubai government to remove the ban.

Grace period for appealing a verdict before the family cassation court

Q: How many days is allowed for an appeal to the Court of Cassation relating to a Personal Status case? Is it 30 days or 60?

How can hiring a lawyer help in a divorce case?

Q: Greeting, I`m planning to hire a lawyer to offer me writing a legal note that I can submit to the court myself just to reduce the legal fees - with more legal advice to deal with the divorce case. Based on your experience, please advise: - Is there a fundamental difference - in the case of potential end results/judgment - between hiring a lawyer for full services or just ask to write a legal note? - What would be your advice or criteria for a client in selecting the right lawyer in such a case? If you offer such a service, please contact me with a glimpse of your service, charges, and basic terms. Note: the case is in Dubai courts - personal status court (Muslim Affairs). You can write to me in both Arabic or English. Thanks!

How to execute a labor case judgment if the employer is abroad and the company is closed

Q: Hi sir, I am working in a Dubai based company. I filed a labor case against my company. I got a judgment in my favor. After that, I filed an execution. Now, I got some emails that the court has sent letters to various departments to execute the amount. Now my question is: If there is no amount or property available under my employer`s name, what will be the next procedure? As I know, there is no property in my employer`s name, and my employer is not in the country for the past 2 years. The company is also closed. One more thing, some payments have to come from Dubai Municipality to my company due to incompletion of a project. They did not release the payment during that time. Is there any possibility for the court to request DM to release payment against my case? Please advise!

What to do if the court delays the issuance of the final settlement of an employee

Q: Good Afternoon sir, My problem is I filed a labour case against our old company. I have a final judgment. Now I applied for execution. But I am still not taking my final settlement! The court gives me every time a new date. Please help me!

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Absconding report against an employee running away from visa cancellation

Q: My employee cancelled her labour card but now she ran away because she doesn`t want to cancel her visa and children visa now. What should I do according to UAE law?

Recovering money from immigration consultant requested mistakenly

Q: How can I get my AED 11000 back paid to an immigration consultant? The amount was charged for a service which I am not eligible for. I have a voice recording of the promises made by the consultant.

Employer's right to deduct damages from the employee's EOSB in case of mistakes

Q: Hello, I`m structural detailer/draftsman. My employer terminated me last Nov. 30, 2020, due to some mistakes of work. But now more than 1 month already he doesn`t want to cancel my visa and he told me to go back to my home country without cancelling my visa. Otherwise, he will file a case against me due to my mistakes and he wants to deduct the cost of rework and material scrapped from my settlement (AED 15k of total cost) due to my mistakes. Hope you can help me and give advice on what to do in this situation. Thank you in advance.

Can the tenant file a case for security deposit in case of damaging property?

Q: Hi Team, I rented my property to a gentleman and the lease expired on 14th November 20. The tenant refuses to agree on the maintenance issues like broken tiles, door hinges and improper painting done by him. He asked me to sign that all are clear and refused to give the key. Finally, after 5 days he handed the keys over but did not agree on maintenance. Now he filed a case to claim his deposit. What is my right? What is my liability on the same? A. M. S.

Checking the status of a case after losing the checkbook

Q: Assalamo Alaikum, How are you, sir? Last year, I had a case in Sharjah because someone put a cheque case against me. I complained about the loss of my checkbook before that. I refused the charge in court and the other party didn`t come on 4 hearings so the court released me without any guaranty. Now I want to check the status of that case and close it as I need to travel to my country after finishing my visa. Can you guide me on this matter? Thanks!