Questions & Answers

Q: Hi, I was working in a private clinic and I submitted my resignation through email and even informed the owner on WhatsApp and worked till the end of my notice period. I have asked my company to cancel my visa since the beginning of my last working week and have sent them repeated calls and even emailed them to cancel my visa. I told them that I will be leaving Dubai on 22/10/2020 so they should cancel my visa before that but they did not cancel my visa and they kept on delaying it. Now, I`ve left UAE and I still want to cancel my visa so the owner asked me to pay for visa cancellation on WhatsApp, my friend did and they have cancelled my labour contract however my visa is still not cancelled at GDRFA. I have repeatedly sent them messages on WhatsApp, phone calls and email asking them to cancel my visa before I leave UAE on 22/10/2020 but they ignored and did not cancel my visa. My question is what should I do as the next step and how can I cancel my visa as I`m outside the UAE? Please guide me!

تطبيق قرار إداري بشأن مكافأة نهاية الخدمة بأثر رجعي

س: تحية عطرة، أنا إماراتي عملت سابقًا موظفًا في الحكومة الاتحادية واستقلت منها واستلمت مبلغا قدره (ثمانون ألف درهم) باعتباره مكافأة نهاية خدمتي. بعد أربع سنوات، رجعت إلى وظيفة لدى حكومة أبو ظبي، وقدمت طلبًا لضم خدمتي السابقة إلى خدمتي الحالية، وتمت الموافقة على طلب الضم على أن أسدد مبلغ الثمانين ألف درهم قيمة المكافأة الذي سبق أن استلمتها. مضت السنون (19 سنة) ولم أسدد المبلغ . وعندما أردت أخيرًا أن أسدد قيمة المكافأة، طلبوا مني سداد ما يقارب مبلغ المليون درهم، بذريعة أنه حدثت إعادة تقييم جديدة لطريقة حساب المعاش التقاعدي. السؤال: أليس القرار الذي صدر سابقًا بقبول ضم خدمتي وسداد مبلغ (الثمانين ألف درهم) هو الواجب التطبيق، كونه أصبح حقًا مكتسبًا لي لا ينبغي تعديله أو إلغاؤه، وعلى أساس مبدأ عدم رجعية القرار الإداري، وحفاظًا على استقرار الأوضاع للأشخاص وعدم تجاوز السلطات على بعضها البعض، وغير ذلك من الأسباب المتعلقة بأحكام وقواعد تطبيق القرارات الإدارية؟ ألتمس من أساتذتي الأفاضل الرد القانوني السليم مع جزيل شكري وتقديري!

Reducing salary and leave encashment upon resignation due to COVID-19

Q: I worked in an LLC company for 1 year and 4 months. After completing one year, I haven’t taken any leave or encashment of my 30 days leave with full pay. During the Covid-19 pandemic, my employer reduced the salary without my approval, no contract was signed. There is no COVID impact in the client`s place where I am working. They did not reduce my contract with my company while the employer still reduces it for 6 months. I have resigned now. My employer dictates the amount on the final settlement. Indirectly, his saying is if you don’t take any leave, I will pay the full amount of your leaves and if you left the company, I will pay only basic salary. Without a sign of approval, he reduced my salary. Kindly advise me!

Claiming compensation after job offer withdrawal by the employer

Q: Hi ma`am, I am an anesthesia technician. A new company has given me an MOL offer letter which is signed by both employer and employee. Now, suddenly after all procedures, they told me that they are canceling my offer letter and asked me to search for another job. For the last three months, I sit jobless and resigned from my previous company to join that new company. What should I do? Please help me!

The proper procedures to claim the blood money for the heirs

Q: My friend died in the UAE in a roadside accident. We claim blood money but they demand a succession certificate. What should we do to get that certificate?

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Is it possible to get arrested in other GCC countries because of a loan in the UAE?

Q: Good day! I have a personal loan in the UAE, which I haven’t finished paying yet. I’ve never missed any payment when I was still working there back in 2018. I had to go back to my home country and fix some of my personal problems. I was planning to go back to work again in any GCC countries except the UAE because I want to first clear my loan from there and head back soon. Is it possible I’ll get arrested in other GCC countries because of my loan in the UAE? I got a job offer and I want to settle that loan ASAP. Please advice!

Precautions should be taken to protect a partner in an LLC

Q: I have a 5% share in an LLC and the other partner holds 44% apart from the local partner`s 51%. I am just a namesake partner. I am not involved in the day to day functions of the company and the manager on the Trade License is my other partner. I wish to know what happens if there is any fine on the company or any legal case? What will be my obligations? How can I safeguard myself in this scenario? What precautions should I take?

Getting a heirs certificate while two of the legal heirs do not give their proofs

Q: How to get a legal heirs certificate while two of the legal heirs are not willing to give their proofs?

Is it possible for a Muslim British man who owns properties in Dubai to draft a will?

Q: My father is 89 years old. He is a British National and Muslim. He holds bank accounts and owns properties in Dubai. What law will apply to his Will? UAE or British law? Is it possible for him to draft a will under UAE law disposing of his assets as he chooses as opposed to Sharia?

What are the market fees of the broker when you sell a property in Dubai?

Q: I have agreed through a real estate broker to sell a property in Dubai. The agent is charging the buyer a commission and the seller (me) a marketing fee which is about 40% of the size of the commission. In the event of the contract not being completed through my fault, the contract I am being asked to sign requires me to: a) repay the deposit to the seller, b) repay an additional amount equal to the deposit to the seller, and c) pay the broker commission to the agent. This contract is between myself and the buyer, and the contract between myself and the broker does not cover me paying the broker commission, so is c) above enforceable?

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Lease contract termination and and eviction of the tenant for defaulting on rent

Q: Dear all, I am the landlord of an apartment in Dubai and I am currently not residing in the UAE. I have rented the place to a vacation homes company and payment was done monthly for the first three months and quarterly cheques thereafter. They paid the first 3 months but when I tried to cash their cheque for the second-quarter payment (was due Nov 3rd) it got rejected due to insufficient funds. The company owner asked me to help them and agree on monthly payments for 3 more months, I agreed. The first payment should have been done before 14th Nov by wire transfer, which did not happen and since then I have been chasing him for the payment. Finally, he provided 3 cheques for Nov, Dec and Jan, when I tried to cash the first cheque it got rejected. I have sent them an email notice for breach of contract today. I need advice, what can I do further, how can I serve them a legal notice for non-payment and proceed to ask for eviction? I am not in the UAE hence a POA must be made. Thanks in advance.

How to evict a tenant from an apartment while being outside the UAE?

Q: Good day, I am an owner of a property in Dubai. I have rented my apartment to a vacation homes` company which in turn are sub-leasing it to their clients. The original agreed payment method was monthly for the first 3 months and afterward, 3 post-dated cheques, one of the cheques become due on 3rd November. When I tried to cash it, it was returned. I have then communicated with the tenant (company owner) who asked me to allow him to pay again monthly for 3 more months. The first installment to be due on 14 Nov by wire transfer, he did not pay on time and I had to call him many times and chase him until he finally agreed to provide 3 cheques for Nov, Dec, Jan. When I tried to cash the first cheque, it again got returned due to insufficient funds. My question is, how can I proceed further to evict them from my apartment? I have sent them an email notification that they are in breach of contract. I must mention that I am not a UAE resident at the moment and live outside the UAE. Appreciate any advice!

The proper procedure to settle an employee's EOSB issues

Q: Facing EOSB issues with one of our employees, we have the below issues: 1. The employee has not been paid since Jan 2020. The total dues are 52k AED. 2. The manager handling these affairs has left the UAE. Our owner and a few other employees are at the DAFZA office. 3. The manager was asked by the owner to terminate the said employee in 2019, but he did not do. Now, the employee is claiming his EOS. 4. The employee had approached DAFZA in the past week and there has been no resolution to date and the employee is threatening to approach the labor court. 5. Also, the business is NIL due to corona aftereffects and no revenue to pay off the dues. 6. Do we stand a chance in contesting the case based on no revenue? The manager has run away and did not terminate the employee even after being asked to do? 7. What will be the consequences for not paying the employee if the labor court orders came in the employee`s favor? 8. Is it advisable to settle the dues by paying advance initially & later amounts within a period of say 1 year?

How to get a PCC from Dubai Police online?

Q: How can I get a PCC from Dubai Police online? I do not have an Emirates ID as I left the country 8 years ago and it was not mandatory to have one at that time.

How can I check if a job offer is valid and not scam?

Q: Hi, I received a job offer for 30k dollars per month in Abu Dhabi. I did not find much info on LinkedIn and Google. Please advise. Most info you already mentioned on the site holds up. Can I email you the emails and a copy of the contract for you to review? Should I contact the London embassy of Dubai to check if the info is valid?

Filing a case against a company for a bounced cheque

How to cancel the visa while the company delays cancelation and the employee is abroad