Questions & Answers - Legal Advice Middle East

Consequences for leaving the country before signing the job offer

Q: Hello. Good morning, I want my advice. I`m a foreigner, and I agreed to come to Dubai to get a job, and the company that hired me sent me a job offer. But the truth is that I do not want to work in that company, and I want to return to my country. Will I have legal consequences or be detained at the airport if I want to leave? I haven`t signed the job offer yet. Thank you.

Cases where the delay in property handover call for a full refund

Q: Hi, I am seeking advice on property purchase. In 2016, I purchased a studio with a completion date of Q2 2018, for 500k, with 70% paid at handover. So far, I have paid 140k+21k registration fees. It has been over 2 years since completion date with no signs of it completing till Q1 2021. Due to this delay, I would like to inquire my legal right if I were to file a case and request for a refund from the developer. The SPA states in case of force majeure, they can extend the completion by 1 year, after which they have an additional year under the seller`s remedy period. However, I have not received an email stating a force majeure, therefore, I did not issue a written notice. Although, I have sent them numerous emails stating that I would like to cancel my unit and get a refund, however, I have been denied this request. They had said all such requests sent by email do not count. Can someone please guide me, whether I should file a case or not? Thank you!

Can the employer ask employees to take unused leave during the notice period?

Q: The employer terminated my DMCC unlimited contract. I am currently serving my notice period. Can the employer ask employees to take unused leave during the notice period? Is it legal to force the employee? Is there compensation for 3 months` remuneration in case of termination by the employer?

Possibility to terminate property purchase for failing to issue the SPA

Q: Hello, I have purchased an off-plan apartment in Dubai last year. I paid the deposit, OQOOD registration fees and have been paying all instalments on schedule toward’s the developer`s Escrow Account. However, the developer is delaying issuing the SPA and OQOOD until now with no valid reason, even though they had me sign the SPA from my side on the promise that they’ll sign it after me and attest it from DLD. It’s been more than a year now, I’ve been asking for both the SPA & OQOOD or refund of my money, yet the developer simply replies with “it’s under process”. I would prefer now to just terminate the agreement and get a full refund of my payments. is that possible?

UAE companies' governance and compliance

Q: How companies in the UAE ensure corporate governance and compliance with UAE laws without a mandatory company secretary as in India?

The restaurant is sold to another person without paying employees' dues

Q: I was working at a restaurant. An accident happened and fire exploded in the kitchen. Other staff members get burn on faces. Municipal officials came and my boss got fined because CCTV was not working. My boss closed the shop on September 3, 2020. I did not get my salary. My visa expired on September 26, 2020. I am already overdue. I did not get paid until now. The restaurant was already sold to others on September 5, 2020. My visa is expired and I do not have my accommodation rent. My boss procrastinates and tells me that I will get my dues tomorrow. I`m afraid of the fine.

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Claiming the amount of a bounced cheque after the employer fled the country

Q: Hi, Actually, my old company has given a post-dated cheque for my final settlement. After that, the company owner ran from the UAE. My cheque bounced, I didn`t give any complaint. Now I got information that the company is going to be taken over by another person. Is there any chance to get that money? Is there any validity for the bounced cheque?

استيراد ملابس ماركات أصلية وبيعها عبر الإنترنت

س: هل يمكن استيراد ملابس ماركات "أوتليت" أصلية وبيعها من خلال موقع إلكتروني؟

How to reduce the notice period upon resignation in an unlimited contract?

Q: Hi Maha, I am an employee with a private firm on an unlimited contract. I have resigned and my contract is for 60 days, however, I want to serve only 30 days due to other issues. The company force me to serve full 60 days contract. Can I use "compensation in lieu of notice" and pay for the 30 days notice or can the company (if they want) still put a one year ban on me? Regards

How and where to check a credit card case on behalf of the father

Q: My father has multiple credit card debts hence bounced cheques from 2009, and he is not in the country. I have the power of attorney from him and I can`t afford a lawyer. How and where can I take this case to the courts to remove his travel ban so that he can travel to Dubai once again? Any help would be appreciated. Thanks

Settlement with a bank regarding the instalments of a commercial loan

Q: A bank offered and granted a loan of AED 500,000 to our company in June 2019. All instalments were being paid till Feb 2020 after which our business suffered a considerable setback due to COVID-19. Luckily, the bank offered deferment of instalments for 6 months that have ended now but our business hasn`t picked up yet and we may not be in a position to pay instalments until we get back on level as before. Kindly inform us of the consequences if we fail to pay the installments. Regards S. S.

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How to claim legal rights from the employer when he changes the license

Q: I have opened an execution file on 6 September 2020 against my company after 11 months of a case. They didn’t pay my final settlement, my court judgement was declared in January 2020. I visited Al Adheed Center last month and they sent some requests to the court in which they demanded on my behalf license suspension and some similar charges. But I came to know that my company owners have changed their license and they didn’t renew the old license, which means whatever Al Adheed Center requested on my behalf to the court and whatever decisions the court is taking was on the expired old license. Please, can anyone tell me whether the old license is still effective or not because I’m still on my company’s old license visa? What’s the next procedure?

Missing credit card payments and its possible consequences

Q: Dear, As my work got affected together with my salary and I wasn`t able to pay my credit card loan, I guess for last 3 months, I have received now a message from the bank saying: "... we would like to inform you that there is a police case initiated against you and its current status is (Cheque Already Bounced)." Please may you explain what might it cause? Thank you!

ماذا بعد الحصول على حكم في قضية عمالية؟

س: فصلتني الشركة فصلاً تعسفيًا وقمت بمقاضاة الشركة والحمد لله حصلت على حكم بمستحقاتي المالية من رواتب متأخرة ومكافأة نهاية الخدمة. تقدمت بطلب تنفيذ ولم تدفع الشركة لي أي مبالغ حتى الآن! ما الخطوة الواجب فعلها في هذه الحالة؟

Required notice period and legal rights in case of redundancy

Q: I was working as a Sales Manager in an LLC Organisation for the past 22 years. I was made redundant in Mar 2020. Kindly help me with my three queries/doubts, please. 1. The `Unlimited Term Employment Contract` dated 13 August 2017 mentions 2 months prior notice period. The renewed contract shows 1-month notice, which I didn`t check during signing the renewal document. Is it right for an organization to change this? 2. What are my entitlements, please? 3. If I had been deprived/cheated, can I still approach for my rightful entitlement, if any? Thanking you in advance.

The best option to solve a dispute with a client after losing his money

Q: A client raised a case against our company in Sharjah for some financial disputes. One of our suppliers took our money and ran away almost one year ago, now our situation is that we are not in a position to give back money to our client. In this case, what is the best possible option to solve this case in court or with our client? Your quick response will be highly appreciated!