Questions & Answers

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?

How to claim pending salaries and EOSB after resignation

Q: Hello I have been working for a company in Dubai for 3 years, and in the current year, the company didn`t pay salaries. Overall now, I have 8 months worth of pending salaries + the other end of service benefits. I was chasing them around for months and got tired of it, so I resigned. I filed a complaint against the company, but for 3 weeks the company never reached out for settlement, so finally, I registered a case against the company in court. I am on my husband`s visa & my work permit expired months back. What I want to know is: 1. Now that I have registered a court case, what`s going to happen next? 2. Will I have to visit court, every time for hearings? 3. I am looking for a new job here, will this court case be any issue in me getting a new job or new employer issuing a new work permit and what can I do to ease the process of new work permit? Appreciate your advice. Thanks, S.

How to claim pending salaries when the employer forces an unpaid leave

Q: My company put me on unpaid leave without consent from me. They even want me to go home to my home country even though they owe me money for incomplete salary. There are months of no salary which I am trying to collect but they keep saying there are no funds. What should I do in this matter?

Filing a divorce case in the UAE while the same case is filed abroad

Q: Hi, If I have already filed for divorce in a foreign jurisdiction, the papers have been served and my spouse has responded, is it then possible for them to try and file for divorce in the UAE? Additionally, they are seeking a "settlement agreement" in the UAE, which I have declined as the matter is already before the court overseas? Is this possible?

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How to expedite the process of sending a judgment issued in the UAE to another country?

Q: Hello, There was a bounced cheque case against me in Dubai in 2009-10. I won the case upon appeal in January 2020. I have been fighting extradition to Dubai since 2018 for the same case. Even though, the case was won in January. Until today (December 2020), the authorities in my country of residence (Ukraine) haven`t officially received the judgment from the UAE. 1.What steps can be taken to expedite this process? 2. What steps does a judgment go through before it is communicated to the country in which the extradition case is pending? 3. What is the normal time frame for this process and for the removal of the Interpol red notice against the accused? Thanks and regards,

Rights of the employee in case of termination during probation

Q: Can the employer cancel the visa of the employee under the probation period in a limited contract?

إتمام طلاق أجنبية في الإمارات رغم إبرام عقد زواجها في الخارج

س: سلام عليكم، أنا مغربية متزوجة من إماراتي بعقد مغربي. أريد الطلاق لكن أرغب في معرفة هل يمكنني أن أتطلق داخل الدولة رغم أن عقد زواجي مغربي؟ أريد أن أتنازل عن كل شيء؛ أهم شيء أن أحصل على ورقة طلاق. شكرًا!

رفض الشريك المدير التجاوب مع الشركاء وكيفية التعامل مع إختفائه

س: نحن ثلاثة شركاء والشريك الثالث يملك ٤٠٪؜ ومُسجَّل بعقد التأسيس بصفة مدير للشركة. رفض التجاوب معنا نحن الشركاء وأخفى جميع أوراق الشركة وأغلق مكاتب الشركة ولا يرد على جواله. ما الإجراء المتبع في ذلك؟ وهل نستطيع إعلان هروبه وعدم التعامل معه في الصحف؟

How to clear liability after leaving a mainland company?

Q: I was a partner in a mainland company. During my tenure, I had given a personal guarantee for a bank loan for a mainland LLC company. I have exited the company. The company is in poor financial condition. I wanted to know if the personal guarantee will/can be enforced if the company fails to pay the bank debt. Can my personal assets in the UAE and INDIA be called upon?

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Possibility of lifting labour ban in case of resigning during probation

Q: Hi Ms, I`m B. working as a registered nurse on a probation period. I`d like to know about the labour ban and how it can be lifted.

How to sue a business set up firm for being unresponsive?

Q: I set up a company through a business set up firm and paid them in full per their quoted fee. It is a sole ownership company under my name. I requested documents like the local sponsor`s copy of passport, letter of undertaking, etc so our office can process employees` employment visas without the need to approach them as they charge a hefty amount for every visa processed. The local sponsor doesn`t want to coordinate or help me with all these requirements. What should I do? Can I also sue them so I can claim back the amount paid and look for another sponsor?

The developer insists on VAT payment in spite of delivery delay

Q: Hello, We have purchased an off-plan commercial property in Dubai which was due for handover in Dec 2017 but still incomplete. Delivery and handover should take place around mid-2021. The developer is asking to pay the VAT completely before year-end. I have read that VAT must be paid at completion but the developer insists on VAT payment by December. What should I do? Thanks and regards!

Recovering all payments after delaying property delivery twice

Q: Dears, I`ve purchased an off-plan property in Dubai in 2016 which was due for handover in Dec 2017 but still incomplete (approx. 80%). 70% has been paid from a purchase price of 1.35 million. By contract, I am entitled to 8% compensation from the amount already paid since the end of 2018 (sunset). Early this year, I signed an amendment with updated payment terms with new sunset at the end of 2020. As of January 1st, am I entitled to cancel the purchase in its entirety and recover all payments done? Thanks and regards,

How to deal with a managing partner after losing investment due to hiding information?

Q: Hi, I invested a sum of money and entered into a partnership in an LLC in Ajman for cafeteria activity. The managing partner didn`t keep accounting properly through my reminders by emails and phone calls. After some time, the business was losing but I was not able to take the decision to sell my share due to lack of data. The business has stopped. The value of selling the business is less than the liabilities accumulated from rental, water, electricity, mobile. Recently, the landlord filed a legal notice for bounced cheques and I understood it has criminal and civil cases. PDC is issued by the managing partner. I can see the below 3 options, please advise which one is best and if there are other options as well. 1- Sell the business and, on top of that, pay my share in the liabilities? This means a complete loss of investment. 2 - Sue the managing partners for negligence and hiding information which led to a loss of investment. Had they reported properly before, I could have sold my shares. 3- Do nothing and wait for court.

Procedure and requirements for second marriage in the UAE

The procedure of issuing a POA from outside the UAE