Questions & Answers

Q: This is regarding an under-cancellation real estate project in Dubai (started in 2017 & was supposed to be handed over in Dec 2019 but progress did not move beyond 10%). I made my cheques payable to the company rather than to escrow account. AED 881K was already cashed out of 1,460K (+ 58,400K for Dubai Land Dept). What are the options available for recovering my money? Thanks

إلزام صاحب العمل بدفع مستحقات الموظف المحكوم له بها

س: أعمل في شركة تطوير مشروعات بالإمارات منذ 5 سنوات، وتعمل على تطوير مشروع كبير لصالح إحدى الدول. منذ العام الثالث بدأ تأخير راتبي وأصبح صاحب العمل يدفع لي أجزاء من راتبي كل شهر دفعات نقدية. ولكنه انقطع عن الدفع تماماً طيلة الأشهر الست الأخيرة. وتبقى مجموع مستحقاتي المتأخرة ما يقرب من راتب سنتين 700.000 درهم تقريباً بدون نهاية الخدمة وباقي المستحقات. قدمت شكوى للعمل منذ شهرين وطلب مني مهلة شهر حتى يتمكن من السداد ووافقت على إعطائه المهلة. ولكنه لم يفِ بوعده للمرة المئة. سؤالي: ماذا يكون الإجراء حسب القانون إذا حكمت لي المحكمة بمستحقاتي ولكنه لا يستطيع دفعها ؟ هل هناك قضايا مشابهة يمكن أن نفهم منها ؟ وشكراً مقدماً

Enforcing divorce judgments from two countries in case of contradiction

Q: Hi. My ex-wife and I (both Muslim Pakistani citizens) were married in Pakistan and moved to the USA for 2 years. We did not have any children together. I then moved back to Pakistan and got a divorce under Pakistani Sharia law under which I paid her back mahr/dowry. My wife stayed back in the USA and got a divorce under USA law and USA court awarded her spouse alimony and some assets that were under my name. Now, would my wife be able to enforce any USA divorce claims against me in Dubai, even though I have fulfilled all of my obligations under Sharia (by paying back mahr/dowry)?

Calculation of gratuity upon being made redundant due to COVID-19

Q: I worked for a UAE airline company. I have just been made redundant due to COVID-19. After 15 years of service, my basic salary is 5000 but the actual salary that I get monthly is not fixed because it depends on my flying hours; sometimes 14000 or 10000. I stay in company-provided accommodation but I don`t get any allowances for it. My salary certificate states 13000 monthly. My last contract is unlimited. How can the court calculate my end of service benefits? And what kind of compensation I can ask for?

Claiming labour rights for termination after unpaid leave

Q: Hi Sir, I was working under a free-zone company in Dubai and received a stand down letter from the company in April 2020. I was asked to be on unpaid leave for 3 months (Apr to June) and was paid only 10% of my total salary. The letter also mentioned that if the business is not bouncing back to normal, this 3-month period will be considered as a notice period. On July 1, the company sent me a termination letter. Could you please guide me to know what are all benefits I am eligible for? Should the company pay me notice period payment? (Apart from EOS i.e. 21 days for 3.5 years + remaining annual leave).

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Director's responsibility for rental cheques upon bankruptcy/liquidation

Q: Good Day, We are an LLC based in Fujairah. Due to COVID, we have run out of money and will need to declare bankruptcy or liquidate it. However, when all rental cheques were handed over, they were from my personal account (as we took a loan to start the business and did not have a bank account for the business yet). These cheques are still in the possession of the lessor. It would be possible to replace the cheques but I will still need to personally sign each cheque, as I am the director of the LLC. If we liquidate, would I be held responsible for the payment of the outstanding rent? Can I end up in jail if I don`t pay? Is this not exactly why an LLC is established? What will be my responsibilities as we are not getting cash into the business?

Termination of SPA due to handover delay by the developer

Q: Hi I purchased my apartment was in 2017 and supposed to have delivered to us. In December 2018, it was delayed indefinitely. The Builder is dragging the completion of the project and also no communication whatsoever is forthcoming from their end. This has added a lot of financial stress on me and my family in this challenging time. We had already paid more than 45% down payment & continue to pay rentals at another place too. Under the circumstances, we want to withdraw and get our payment in full from the Builder with possible compensation (interest) to cover my loss of interest and to also to pay for Legal/Lawyer cost...etc. Please advise Thanks Best Regards S. S.

Possibility to terminate the SPA and claim refund for handover delay

Q: Hi, I purchased an off-plan property in Dubai that had an estimated completion date of August 31, 2020. I received an email that due to a delay, my completion date has been pushed forward to April 30, 2022. The email they sent for the delay did not say what was the reason for the delay. Since the developer has violated the SPA by delaying the project past 12 months of the completion date, can I request that the contract be cancelled and get what I have paid back? Do you believe that the developer could utilize Covid-19 as Force Majeure as a reason for not following the contract? Regards

النسبة القانونية لتقدير النفقة للزوجة والأطفال عند الطلاق

س: إذا طلبت زوجة مواطنة الطلاق من زوجها المواطن (إماراتيان) ولهما أطفال، فمن حقها النفقة لها ولأطفالها. هل صحيح أن النفقة تُحدَّد دائمًا وفقًا لدخل الأب بحد أقصى 30٪ من دخله ما لم يكن الزوج على استعداد لدفع أكثر؟ هل الحد الأقصى لا يمكن تجاوزه حتى على تقدير القاضي؟

Seeking divorce because of abusive husband

Q: Hi, My sister`s husband has been abusing her for years, and she has 2 police papers to prove it when she had to go to the hospital because she was abused so badly. She has pictures for proof as well. She wants to get a divorce (not Khula) but her husband is saying he won`t agree to a divorce. Will the courts give her a divorce anyways based on the evidence, even though the husband is not agreeing to it?

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Terminating the SPA and getting refund from developer for delay in delivery

Q: We purchased a condominium from a developer in Ajman. We keep paying monthly but haven`t received the property. We would like to get the money back as it`s been 8 years.

Resignation before the end of employment contract for holding salaries

Q: I am on an unlimited contract with a school. My contract will end in November 2020, however, I would like to resign as early as this month (July 2020), with 30 days notice. The reason for resigning is to look for another job to compensate for my financial obligations because we signed an agreement that we have no salary from June 2020 to November 2020 due to pandemic/crisis. Is there any chance that my employer won`t allow me to resign or ban me?

Suing a partner for mismanagement of funds and causing losses

Q: I`m a partner in a company. My partner who is also a manager ruined the company. There`s a big load of debts in the market which also crossed the capital. Is there any way, according to the law, by which I can sue him for mismanagement of funds and get my investment back? If the capital is gone and further losses are more than the capital, what are my legal rights in this situation?

Filing a criminal case of physical abuse against the husband

Q: My husband physically abused me and I went to do a medical report. Do I have to open a criminal case against him or I can use the medical report only in Dubai Court?

The right of the father to claim custody back from the mother

Q: I have a verdict from Dubai Courts against my ex-husband to clear the child support. He agreed to pay in our mutual consent divorce agreement. It was issued in Feb 2020. Today, I received a court hearing notification that he has filed a case for children custody. What should I do?

تجديد الإقامة في حالة عدم القدرة على العودة إلى الإمارات بسبب جائحة كورونا

Claiming refund from developer after cancellation of project