Questions & Answers - Legal Advice Middle East

Procedures to get the payment of a court judgment in a labour case

Q: Dear Sir, My Name is M. N. U. H. and I am working in the UAE since 2008. For over 12 years I have been a law-abiding citizen. In my last job since 2014, I worked hard and never had any complaint work-related. Our company hasn`t paid me any salary since January this year and I understand that it`s difficult due to current circumstances, but I haven`t been paid way before the pandemic. My visa is expired since January and my car insurance and registration expired as well. All I want is to get my hard-earned money which is approved by the court but it is delayed I don`t know why. I have a family dependent on me and I am failing badly. I request you to please help me out. The verdict came 6th October but I don`t know when I will get my money. Is there anything I can do to speed up my case?

The proper procedures to check the history of a mainland company before buying it

Q: Hi Mam, I am planning to buy an existing 13 years old mainland company in Dubai. Since it is a very old company, it might bring along a variety of issues with it as well. For a couple of years, it has not been very much operational and its financial records don`t seem to be good either. My question is how best can I safeguard myself from previous litigations and legalities that the company may have? Your expertise and advice are greatly required.

Will I get a ban if I leave a company who forged my labour contract signature?

Q: I am working for a company. They had submitted a labour contract without my knowledge. They got a fake signature mentioning only 500 as a basic salary for a job of sales, while I am working as a business development executive in the company. They also charged me for the visa. I have evidence & documents to prove my claim. I am waiting for my probation period till February 2019, while I got another offer from another company. My labour contract is limited-term. Will I face a 1-year ban or I can to transfer my visa to another company?

How to recover the amount of a bounced cheque after a criminal case

Q: Dear all, Greetings, A company issued me a post-dated cheque but when I went to the bank to cash it, It turned out that there were insufficient funds. I have reported the case to the Dubai police but still, nothing happened. What should I do next? Will I get my money at the end? When may I get my money as I really need it? Thanks in advance

كيف تضمن الشركة التي تؤجر مساكن للعمال حقوقها في حالة إنهاء العلاقة العمالية

س: تستأجر الشركة عقار سكني في دبي على أن تؤجر الشقق السكنية للموظفين. يدفع الموظف قيمة الإيجار الشهري على شكل شيكات نقدية. ويتم عمل تفاهم أو تعاقد مع الموظف ليدفع فواتير الكهرباء والمياه والغاز وخلافه. السؤال: كيف تضمن الشركة حقوقها في حال انتهت العلاقة العمالية التي تربطها بالموظف؟

Claim against the car company for damaging the paint of my new car

Q: I bought a new Jeep from a car trading enterprise in Dubai. The service team damaged the paint on my rear door sill while polishing the car and I have a formal stamped and signed letter from them mentioning the same and that the car needs to be repainted now to fix the issue. Taking into consideration that this will decrease the value of the car and as it was their mistake, can I file a law case against them? What are my chances for car replacement or at least a proper compensation?

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الحقوق المترتبة لوافدة متزوجة من إماراتي في حالة الطلاق ووجود طفل

س: السلام عليكم، أنا وافدة (عائلتي في الإمارات) متزوجة من مواطن إماراتي ولدي طفل. أريد أن أرفع دعوى لأنه يضربني ويشتمني وأرغب في معرفة نفقتي وحقوقي، مع العلم أن مؤخري لا شيء.

Claim against the car company for denying warranty coverage

Q: Good morning, I had an issue with my car Audi A3 when it gave a signal of gearbox malfunction. This happened during the warranty and it read you can continue driving. I informed the service advisor of the same which they said it should be some system error and nothing to worry about. It was not even mentioned in the service history. The next time I got the same error signal was 1 day before the warranty ended and I took the car to repair after the warranty as I thought again it is a system error. This time they said the mechatronics of the car is spoilt and to replace it will cost 17000. I informed them that this happened during the warranty and should be repaired under warranty. They said it was given after the warranty so they cannot consider. I repaired the car as I was scared it would breakdown any time. Can I fight a case against this as they did not provide proper details which could`ve alerted me to submit the car under warranty?

Joining a new employer while cancellation papers are not issued after resignation

Q: I am employed on an unlimited contract with my current employer. It is 1 month for the notice period (as per the labor contract). I got an offer from a new employer and, therefore, resigned a month ago. Now, one month has passed since my resignation but the employer is not canceling my visa and wants to extend more. Kindly advise on what I should do now since my new employer sends a labor offer and is asking for my canceling papers.

Delivery of a child without marriage in Dubai

Q: Can an unmarried ex-pat woman deliver a baby in Dubai after the latest changes of family law for expatriates?

Signing an intellectual property agreement to protect a business idea

Q: Hi! I have an idea and want to develop it into MVP. I am in the UAE and my friend who is in the US wants to help me to develop the product. I trust him but without a legally binding document, there could be issues at the later date. We will register the company after trying out our MVP. My question is, what sort of legal contract can I do with him? Note: we haven`t registered the company and he is in the US. I need to protect my MVP and he should use the idea to develop his own product.

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Is it possible to recover an old debt given to work colleague?

Q: Hi, I along with my colleague has given an interest-free loan to our other colleague (more than 50000 AED) in many instalments between Mar to June 2016. Recently, we have received an email from him that he owes us this amount and has also agreed to repay it in 3 instalments. The last instalment was supposed to be on 1st December 2020. But till date, he has not paid us single AED. He always says that he will pay but always end up giving us some weird excuses. He has a good salary (around 70K AED per month). We have a legally translated (from Notary), the email exchange between us, in Arabic. I can give more details and the exact amount to be recovered. I am looking for a lawyer who can get my principal amount only. I would like to offer you to please claim the principal amount + Interest for 4 years + legal charges + mental harassment charges (if possible) and you can keep everything apart from the principal amount. Is this possible?

How to check the status of a case at RERA from outside the UAE

Q: My ex-landlord opened a civil case against me for what should have been opened in RERA rental disputes. I had to urgently leave the UAE during COVID-19 and relocate back to the USA and have no idea what happened with the execution of the court case and if there is a travel ban on my passport. How can I check my status prior to coming back to the UAE?

Procedure and requirements for second marriage in the UAE

Q: Kindly advise the process for second marriage registration for Muslims?

The procedure of issuing a POA from outside the UAE

Q: I am a UK citizen temporary residing in India and want to issue a power of attorney to my manager to operate a bank account in the UAE. What is the process to issue a POA?

The legal steps of terminating an employee

Q: Dear Sir, My office is in DMCC. I want to terminate one of my employees who worked with me for the last 8 years. We have an unlimited contract with 30 days notice period. Can I terminate him with 30 days notice period? If the employee fails to work within the notice period of 30 days, then what happens?