Questions & Answers - Legal Advice Middle East

Does the employer have the right to hold half the salary of employee?

Q: I`m a housemaid. My employer cancelled me yesterday and he said he will not give me half of my salary because he wants me to exit. Now I`m still here in their house waiting for them to give me my passport and cancellation paper. What should I do about my salary? Please reply

How to find out if there are any cases blocking visa cancellation

Q: I am trying to cancel my visa application through DMCC free zone, however, the application as stated by DMCC was `returned by immigration as the applicant is still wanted by police. Please clear the case so we can proceed with the application`. The issue I am having here is that I don`t know why this is coming back from immigration as I have checked police cases online and there is nothing showing. I also checked on Dubai Prosecution website and cant find any case showing either. Does this mean I have a criminal case and warrant for my arrest that I can`t find online and don`t know about? I am very worried and concerned about this situation as I can`t find any information regarding any case. At the same time, my employer is filing an Absconding Case as they can`t cancel my visa and are now being charged overstay fees due to my passport not being stamped. This creates another issue as I have just been offered new employment in Dubai. What should I do and is it likely that I have a criminal case?

Time frame for the execution of a labour case judgment

Q: Hi Sir/Madam, I won the case against my employer in February 2020. After that, as the claim amount is AED 21,500/-, my employer filed an appeal against that judgment. However, on 17/11/2020, the court delivered the judgement and the appeal made by my employer was rejected and whatever appealed judgement was stood final. Now, what do I need to do for the payment follow up? Is it possible for my employer to appeal again against this order? How much time will it take to get the payment? Thanks so much in advance.

The legal repercussions for an unmarried couple to live together in the UAE

Q: Hi, I would like to know if there would be any legal repercussions for an unmarried couple to live together in the UAE while one of them is battling a divorce case back in their home country?

هل يمكن إجبار البنك على القبول بتسوية لديون بطاقة ائتمانية؟

س: السلام عليكم إذا رفض بنك تسوية المستحقات كردت كارد (بطاقة ائتمانية) على شكل أقساط شهرية، هل يمكن تقديم شكوى ضد البنك مع أنه تم توضيح الأسباب؟

Will I be arrested for an old pending debt if I visit the UAE?

Q: Good afternoon, I have a question regarding my financial status in Dubai. I have acquired a credit card many years ago from a bank on which I have stopped making payments about maybe three years ago and right now I would like to visit my family in Dubai. I just would like to enquire about the consequences of the visit what could possibly happen to me at the airport and what legal consequences would I face as a result of this. I am so as a result of defaulting on my debt. I haven’t paid anything towards that in the past three years.

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What should I do if my employer refuses to cancel my visa?

Q: Hello Sir/ Ma’am, I`m working in a hospital in Dubai for 18 years and due to COVID-19, I was forced and released out of my work. All other formalities are done as usual and I have a new job offer, so I want to do the cancellation but the owner does not accept to cancel my visa. So please, can you advise? - Type of contract I signed - Unlimited - How long have you been working with the company? - 18 years completed - Do you have a university degree? - Yes

Necessity of notifying the employer who is not attending case hearings

Q: "Notification By Notice Of Action," this is what was written on my case regarding my previous employer who needs to pay my final settlement. But during the hearing he was absent and the court said that Al Ahdeed needs to notify my previous manager so he will attend on next hearing. Please explain to me what this note means.

Requirements for the marriage of expatriates in the UAE

Q: Salam Sir, I am a Bangladeshi Muslim male resident here in the UAE who wants to get married to a citizen of the USA. Is it possible here in the UAE?

A side agreement as a valid document to protect the shares of a foreign owner of an LLC

Q: Is a side agreement considered a valid enough document to protect my company? I own a car rental company and, by law, I was told it has to be an LLC, so I brought a partner who is really a nice guy. I want to protect my business as I am the full owner and all the assets are mine; including the luxury cars, etc. I only give the sponsor a fee yearly. I’m worried if something ever happened to my sponsor, God forbids, what will happen? Can any of his family try to take his share even though the 100% company is funded and run by me but his share is 51% on papers only? Is the side agreement valid? Is there anything I can do to protect my whole 100%? Are there any documents I can make or use?

Do I need to establish a company to send newsletters to UAE potential clients?

Q: Hi, I am a Digital Marketing professional. I intend to send Newsletters (not Marketing mails) to potential clients in the UAE. They have not subscribed to our Newsletters, hence it will be cold mail. Can GDPR or any other law be held against me? Is email campaign/marketing an offence in the UAE?

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Joining a new company while there is an accident investigation in the old company

Q: I am a site engineer. An accident happened at our project site where a worker, unfortunately, died, during our shift. The investigation shows, however, that it`s a nonwork-related accident. The worker was supposed to be part of the night shift, but because it has been weeks since I am not seeing him at work in our area, I have verbally informed our HR to update the timesheet and remove him from our attendance sheet. Unfortunately, no action was done by HR and, at the time of his death, his name was included in our team. However, during the initial investigation, I was one of the employees who were interviewed by the police. I have just learned today that my name was included on the list submitted to the police and our PRO said that it is impossible for me to travel or change job while the case is still ongoing because of insurance claims. I received a good offer from another company, will there be a problem with the visa application?

The rights of a father upon divorce

Q: I have given divorce to my wife on 3 multiple occasions as per her wish to force me to give her divorce verbally, then she came to Dubai on a visit visa along with my kid. She has requested me to sponsor her with a wife visa just for few months. She has convinced me and I sponsored her with my kid. Now for 2 years, I am telling her to cancel the visa as she promised but instead, she is blackmailing me. During these 2 years, I took all my child`s expenses. She is trying to get the child`s full custody and she will not allow me to meet my child. Even now she blocks all my contact and shifts her house to another area. Kindly advise!

Possibility of legal action against a UK resident for a debt in Dubai

Q: I am an Indian citizen living in the UK. Can debt collectors file a case against me in the UK for a Dubai debt? Will my wife job be affected because if my debt?

How to request free zone authority to allow visa renewal to avoid overstay

Q: Hello, I am a partner in a company, registered in SAIF Zone. My residence visa has expired in March 2020. I have submitted all relevant paperwork and payment to SAIF zone administration for visa and ID renewal in April but was refused with the said reason that there are some overstayed persons in the company, thus no visa can be processed. The grace period for visa renewal had been extended by the UAE govt. up to Aug 10. Meanwhile, SAIF Zone has started the legal proceedings against the company about some pending payments etc. and said this is another reason to not renew any visas. I asked them to cancel my residence visa but they refused with the said reason that they do not cancel visas of the partners of liable companies. So, now my stay in the UAE is illegal and I am not able either to renew or cancel my residence. My question: Is there any way to force the SAIF Zone administration to renew or cancel my residence?

Paying corporation tax when the company provides only remote services

Q: My company is in Gibraltar. I also have a company in Ajman free zone. My Ajman company will provide remote services such as accountancy, IT support, and sales for the Gibraltar company. There is no transport or handling of goods, and the Ajman company will only provide services. The staff salaries will be about 400,000 AED. My staff will be based in India. My Ajman company will be basically used to pay salaries to staff in India. Will my Ajman company have to pay corporation tax? (because it is running and managing the company in Gibraltar) Do I have to register for VAT? Do I have to keep accounts? What do I need to register as a service?