Questions & Answers - Legal Advice Middle East

Should holidays or weekends be counted as part of sick leave?

Q: Hi, Is there an article related to sick leave during holidays or weekends? Should holidays or weekends be counted as part of sick leave? Thank you in advance!

What does "administrative archiving" mean for my case and its future implications?

Q: Dear Lawyers, I have received a letter stating that the decision for my case is "administrative archiving," but I don’t fully understand what this means. Could you please explain what the prosecution intends or does when a case is labeled as "administrative archiving"? Do I need to take any steps now? I am currently out of the country after my travel ban was lifted and was given the letter with the above decision.

What to do if the partner you add on your license changes the terms without your consent?

Q: My wife has a license in Dubai. Later we took one partner for 50% of her license. My wife signed the MOU in Amer Center without reading the changes made by him in terms that were not agreed upon. Later when we checked the copy of the MOU, we found that he had removed her name as a manager and put his name. He mentioned 50% shareholder for each partner in the company but in profit and loss, he mentioned 75% for him and 25% for her and bank account authority also he took solely. We asked him to change the terms as we never discussed or agreed on those terms. But he has now full control of the license and is not ready to change the MOU terms. Is there any legal way to compel him to change MOU terms?

Can I proceed with my investment case without paying the court fee upfront?

Q: Dear Lawyers, The judge has again rejected our second request to delay the court fees. Our lawyer has advised that we can proceed with the re-registration of the case as soon as the court fee payment is received from your end. The court fee is 21k, which I am unable to pay. Is there any option to request paying the fee after the case is won? This case involves a 400k investment where I didn’t get my money back or any profit. I went to court for legal action and have already paid 14k to the law firm, but now I am unable to pay further. I don’t know what to do. Please advise!

Can a black-and-white trademark registration provide protection for all color variations of a logo?

Q: We are currently reviewing trademark registration strategies for the United Arab Emirates (UAE) and seeking expert confirmation on a specific matter. It is generally understood that registering a trademark in black and white in the UAE provides protection across all color variations of the logo. This approach aligns with international norms. While the UAE’s Federal Decree-Law No. 36 of 2021 on Trademarks does not explicitly state that black-and-white registrations cover all colors, this practice is widely accepted and typically adhered to by the UAE Ministry of Economy’s Intellectual Property department. Could you please confirm if a black-and-white trademark registration in the UAE indeed provides protection for all color variations of a logo, specifically regarding the broad protection scope covering the mark’s shape, design, and layout?

Can I receive EOSB after my visa cancellation with MOHRE if I didn't claim it?

Q: Dear Lawyers, I complained to MOHRE to cancel my visa, and I did not claim my EOSB (gratuity and leave salary) as I was thinking I would file a separate complaint for it. I wanted to start my business as soon as possible, or else I would have lost many clients. After the cancellation, I found out that I can no longer claim my EOSB. What should I do next? I am planning to file the case again after a month. Should I complain again to MOHRE after a while? Will they accept it? Or should I go directly to civil court or labor court? What will the total cost be?

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Can Dubai Courts take steps to ensure that I see my child as per the joint custody order?

Q: I have shared joint custody orders issued in France for my child, which are recognized and enforced by Dubai Courts. Unfortunately, I haven`t been able to see my 3-year-old child for several months due to the mother’s non-compliance with the handover arrangement, despite fines being imposed for these violations. The police are assisting in supervising the handover process; however, because it takes place in the presence of the mother, it has become challenging. At only 3 years old, the child is too young to form an independent opinion about these arrangements and is currently under the mother’s influence. This raises concerns about ensuring the custody orders are effectively implemented. To my understanding, the police are limited to a supervisory role and may not have the authority to enforce the physical handover. Can Dubai Courts take steps to ensure the handover is carried out as ordered? If so, how would this process be enforced to uphold the custody arrangement?

I gave a brand expensive watch to agent for service and they changed delivery and fees. What can I do?

Q: Dear. I gave a brand and expensive watch to an agent for service. Only `normal service` at the beginning of 2024. They gave me an estimate and completion time and on this basis, I agreed. Later, they changed the price for service and time for completion many times without my agreement, I told them this was not acceptable because I already agreed and given my watch. Until now, my watch is not done and they have not replied to me with an update or anything. I have already reported this to consumer protection in Dubai. They already spoke to them but no use and told me I could try legal action if I wanted. I am confused and cannot believe a famous shop can do this with a business license and take valuables like this. Kindly give me an idea of what I can do. I have all communications in email and sms. Thank you.

Inquiry regarding visa renewal after penal conciliation and lifting ban

Q: Good evening dear lawyers, I hope this message finds you well. I had a case whereby someone claimed that I had stolen from him, which I hadn`t. Anyway, we ended up having a penal conciliation. Fast forward, my ban was lifted, and my question here is: will I be able to renew my visa in such a situation? Thanks in advance for your assistance.

I signed a contract as a freelancer with a company. Can they make me sign a non-compete clause in the contract?

Q: Hi, I have been appointed to work as a freelancer with a registered company in the UAE. The company strictly advised me not to work or engage with a third party during my probation for the first six (6) months period, as a way of submitting to their rules. It is instructive to highlight that I`m on my own visa. Do they have to reserve this right of non-compete clause in the contract? Please advise

Can I resign from a new job after just 5 days without submitting a resignation letter?

Q: Dear Sir, I just joined a company 5 days ago. I signed a standard job offer on plain paper. However, I do not understand the work and am planning to leave the company. Can anyone please suggest if I can easily leave this company, or do I need to submit a written resignation letter?

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In case of resignation, does the notice period include the annual leave?

Q: An employee has 2.5 weeks of annual leave booked next month. She has now resigned. Does the notice period include the annual leave? If the annual leave was approved before the resignation, is she still legally allowed to take that leave?

How can a bank account and assets frozen over a bounced cheque be unfrozen?

Q: Good day, What is the exact process for unblocking or unfreezing a bank account and assets frozen by the courts due to a bounced cheque? Is a new signed agreement required between the plaintiff and the accused (the debtor)?

Can I use someone else's account to issue a manager's cheque for a property purchase?

Q: Dear Experts, I am currently in the process of buying a property in Dubai. To arrange payment, I need to pay the seller via a manager`s cheque. I am not a UAE resident and am currently in Saudi Arabia. Can I transfer the money to my friend`s bank account in Abu Dhabi and use his account to produce the manager`s cheque in the seller`s name? Can I then present that cheque while completing the transfer by physically attending myself?

Is it legal for a company to cancel approved annual leave during the notice period?

Q: Hello, I resigned from a free zone company. I had booked two weeks of leave earlier, but when I resigned, they asked me to cancel the approved annual leave to serve the full 30 days in the office. I have been working with this company for over two years, and there is nothing in the contract about canceling leave during the notice period. Is that legal?

How can I find Sharjah labor case details online?

Q: Dear Lawyers, How can I find Sharjah labor case details online? Please suggest a website and steps to view the details online in Sharjah.