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UAE
Making an employee redundant and offering his position to a colleague
Q: My position was made redundant on 1 April 2020. The company stated restructuring as a reason for that. I was given a termination letter along with 4 other colleagues being made redundant from their positions. Meanwhile, one of the 4 colleagues whose position was made redundant has been offered and accepted my position (nearly the same job title) with a higher salary than mine. I served 30 days` notice. The last working day was 1 May. Considering the above, do I have legal grounds to file a claim for an arbitrary dismissal? Regards, Questions & Answers
UAE
مطالبة الزوجة الوافدة بالطلاق للضرر مع حفظ حقوقها
س: زوجي يعاملني معاملة سيئة مع العلم أنني متزوجة منذ ٧ أشهر. لا يعطيني مصروفًا ولا يعاملني معاملة حسنة؛ بل يشعرني أنني خادمة فقط. لا أستطيع الاستمرار وأريد الطلاق، مع العلم أننا أردنيين تزوجنا في الأردن. ماذا أفعل وما الخطوات اللازمة دون أن أفقد حقوقي؟ ألغى إقامتي وجعلني على إقامته. Questions & Answers
UAE
Resolving dispute between company partners and accusation of fraud
Q: We have a partnership owned LLC company in Dubai - 60% shareholder in Qatar, 20% me & 20% another sleeping partner (we both are signatories in Dubai). Recently, the sleeping partner holding the same share 20% has accused me of fraud in the company. He stopped my monthly remuneration and asked me to give away my phone and car. Now, he went to telecom and complained about a missing SIM, the number I have been using for more than 5 years. I have been a working partner for more than 12 years, and now I am suddenly sitting in my office forcefully. How can this be stopped legally? Questions & Answers
UAE
Cancellation of property purchase and claiming refund without contracts
Q: I paid 90% of a property that was meant to be complete in 2011. The original developer crashed & ran out of money. No contract was signed but the new developer took over in 2017 and the project was completed in 2019. The new developer has a record of my payments and I have all receipts. I have not signed any new agreement with the new developer. When the project finished it was nothing like what was planned. Can I claim my money back? Questions & Answers
UAE
The implications of missing the date specified on a promissory note
Q: Hi, Do you have the latest update on the promissory note as per UAE law? I searched in Google and found the latest update as of 2017. What are the latest changes and charges related to the promissory note? What are the implications if the client does not abide by the date specified on the promissory note? Questions & Answers
UAE
Requirement of a special agreement in case of lending money to a friend
Q: Hi, I have lent money over a period of time to a friend (without any interest). I do have a simple payment agreement duly signed by my friend that sets out the amount to be repaid on a monthly basis. I would like to know if there is a template for such an agreement that safeguards my interests in case of default and that is valid under the UAE legal system. Would appreciate your advice and guidance. Questions & Answers
UAE
Renting the property of the buyer by developer without approval
Q: After completing the full amount, I am currently suffering a lot with the developer company as they have rented my apartment without my approval just one month before my handover date. Until now I am trying to get the rental income but day after day they are delaying and every time they provide excuses they have deducted lots of money for management FEE and service charges advance payments, even as I have mentioned that the rent was done without my approval. Is there any way I can complain about such misconduct from the developer company? Please advise about my issue with the developer. I have purchased a unit in a project in April 2017 from an exhibition done by the developer in Oman. The developer sold me the apartment in Oman and they know that I am not a resident of the UAE and therefore do not have any bank account in the UAE and can never create a current account according to the UAE law without having a residence card. The developer asked me to provide bank cheques from a local bank. Questions & Answers
UAE
Procedures of obtaining a trade license to sell goods online
Q: Can we sell imported goods with a free zone license online on Amazon and Noon locally? Questions & Answers
UAE
Need for a license to work as a freelancer in the UAE
Q: Hello, Are beauty home services provided by freelancers legal in the UAE (manicure, hair, makeup...etc.)? Does a freelancer require specific approvals, documents or licenses for providing home services? Questions & Answers
UAE
Expected legal action in case of defaulting on a bank loan
Q: Hi I have a personal loan around AED 230000 in the UAE. I`m outside of the country. I have not taken the last 2 months salary of April and May and I can not pay the instalments. Now the bank started to ask for the payment. What will be the next step? Will they raise criminal case outside the UAE? Can I reschedule instalments? Please advise. M. Questions & Answers
UAE
Is flirting with a married woman on Whatsapp a crime in the UAE?
Q: Dear Mr Elnaggar, I would really appreciate your help. What are the consequences of having a Whatsapp relationship with a married woman (with kids)? Only over Whatsapp, nothing physical. Her husband found out by reading her Whatsapp messages. If he decides to take it to the courts in Dubai, what are we looking at here? P.S. all parties here are Canadians. Thanks Questions & Answers
UAE
What legal action can I take for delay in property handover?
Q: I purchased an apartment in 2017 with a completion date of Q4-2018. Till now, the construction is not complete. And based on the construction update, it will not complete in 2020. As per the agreement I already paid 50% of the amount and rest 50% is due on completion. As per the Default and Termination clause of the SPA, I sent the notice for termination on 5th Jan 2019. This clause clearly states that "If the seller has not served the completion notice within a period of 12 months from the anticipated completion date (unless the delay is caused by force majeure) and the purchaser has fulfilled all of the purchaser obligations under this agreement, the purchaser shall be entitled to send a written notice to the seller requiring the seller to complete the building works within 90 working days of receipt of the purchaser`s written notice. That time has elapsed and now I have to send the second notice as the remedial period of 20 days is also coming to an end. Please advise on the plan forward. Questions & Answers
UAE
الإجراء القانوني المتَّبع حال عدم إنجاز المشروع العقاري في موعد التسليم
س: اشتريت شقة في دبي بتاريخ 25/03/2019. موعد التسليم المتوقَّع: الربع الأول من عام 2020. نسبة إنجاز المشروع 25٪ بتاريخ اليوم. هل توجد غرامة تأخير؟ وما الإجراء القانوني الواجب اتباعه في مثل هذه الحالة؟ Questions & Answers
UAE
Legal way to resolve legal issues among partners of a company
Q: One partner wants to leave the company. What are the options if the other partners are not willing to let him go? It`s a tech company and the partner in question is the CTO, without him, the company will almost certainly fail. There are accumulated operational losses to the tune of AED 4 million. It`s a Dubai Mainland LLC. The second partner is a Dubai company who acts as a collaborator in some of our projects. We recently found out that the GM and a couple of top managers in that company are building a clone of our most promising product. We can prove it too. Both the teams happened to bid for the same opportunity and the customer realized both are exactly the same product and informed us. Is this enough legal grounds to demand release from the partnership? Questions & Answers
UAE
Settlement with the bank for defaulting on a loan due to COVID-19
Q: Hi, I have an outstanding loan with 97000. I have been always paying and have a good history with the bank. The loan was given with a salary guarantee from my company. I work for a reputable airline, however, I was just notified a couple of days ago that I have been made redundant due to the pandemic. I understand the bank will seize my end of service gratuity. That will leave me with around 70000 outstanding. Based on the current market situation it will be hard to find a job on time. I have an official letter from my company with the reason why my contract was terminated, although my contract is auto-renewal. I have a few questions, if I may. 1- Since I haven’t missed a payment before, when does the bank issue a travel ban? 2- What are my options at the moment? I won’t be able to repay the outstanding unless I find a job. 3- What kind of legal action can the bank take against me? Questions & Answers
UAE