Questions & Answers - Legal Advice Middle East

رفض إعطاء براءة ذمة بعد انتهاء عقد الإيجار لعدم الإبلاغ مسبقًا بالإخلاء

س: السلام عليكم، انتهى عقد الإيجار في 19/05/2020 في الشارقة. عندما طلبت براءة ذمة، طلبت إدارة المبنى إيجار شهرين غرامة لأني لم أبلغ خطيًا بإنهاء العقد قبل شهرين. عندما طلبت نقل الأثاث، رفضت الإدارة بحجة عدم دفع الغرامة، وبسبب الإغلاق الحالي، أصبحت إجراءات المنازعات الإيجارية بطيئة إلى حد ما. ما الحل دام فضلكم؟

Filing a case from abroad against a tenant because of a bounced cheque

Q: I am a landlord. The tenant`s cheque bounced, and he refuses to pay the cheque knowing that I am living abroad. I would like to know if a lawyer can file a case on my behalf for the bounced cheque. I am looking forward to understanding what can I do to preserve my rights.

Employee benefits in case of termination during probation

Q: Respected Sir, My company terminated me under the probation period. What are my rights? Can the company give me the air ticket and salary? Thanks

How to reschedule bank loan payments in case or leaving the UAE

Q: Good afternoon, I’m a doctor who lives and works in the UAE. I have a current personal loan which I’m paying it regularly but I have a better offer to move and work in the UK. Is there a way to contact the bank and reschedule my loan payments and pay them from the UK? Obviously, this will need more scheduled payment years as my salary in the UK will be less than the UAE. To make it clear, instead of paying my loan in 4 years as here in the UAE, can I schedule it to 8 years? Thanks!

Requirements and procedures of attending an online labour case hearing

Q: Good afternoon, I have a few questions regarding my upcoming labour case. My contract was unlimited and my employer falls under the immigration authority, where I worked for 3 and a half years and I have a claim amount of AED 36,000. I have filed a labour case for unfair termination and I`ve had my case registered through Adheed Centre. They have filed my complaint and given me my case number and now I have been asked to attend a first hearing on the 7th of July and I`ve been told that it will be a remote hearing. I just wanted to know if possible what the procedures are for this remote hearing and how it will be and if it`s necessary to have legal representation for my labour case? Having seen the people in the Centre, I am pretty certain a good number of them can not afford a lawyer as well. So in case they don`t speak Arabic and don`t have a lawyer present, how will the hearing and case proceed?

Terminating an employee for poor performance and misappropriation of funds

Q: The company`s accountant has not been performing his duties professionally and has received several warning letters. He was also not producing any kind of reports despite requests and warnings. His salary was cut several times due to this. Finally, upon being forced to produce at least some report we found many issues including approving expenses without Management approval, cash missing which he was responsible for, not recording transactions properly... etc. We want to dismiss him as he made serious problems for the company and we don`t want to pay any benefits except for the last salary. We have filed a complaint to MOHRE based on Article 120 asking for termination and damages, but he also filed a complaint asking for full benefits. What is the safe procedure for us to close this matter?

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Claiming unpaid fees and traffic fines from a car rent client

Q: I have a rent a car company. A client returned a car but has not paid rental amount yet and has around 25000 traffic fines also due on him. I got the papers signed from him (of all fines and rental invoice) but he is not paying, what can I do to recover my payment? The client is simply refusing to pay anything he says he has no cash yet. I am concerned about the traffic fines payment.

Inability to continue paying the installments of a property because of COVID-19

Q: Hi sir, I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021. My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay. My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far. My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account? What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions. Thank you!

Status of UAE visa after relocating to another country

Q: Hello, If a girl (25 years, Dubai born) marries an Indian citizen and resident in India, what happens to her Dubai Residency Visa? Can she keep the Dubai Resident visa legally?

استعمال تسجيلات المكالمات الهاتفية لإثبات الضرر الواقع على الزوج

س: هل يمكن للزوج استعمال تسجيلات المكالمات الهاتفية لإثبات الضرر من الزوجة؟ وبشكل أوضح، في حال تسجيل الزوج مكالماته الهاتفية مع زوجته، وقدَّم هذه المكالمات للمحكمة لإثبات الضرر الواقع عليه، هل هناك مسؤولية قانونية على الزوج؟

Terminating the SPA and claiming refund for changing specifications

Q: Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA? For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation. Can I make a legal case or can they take the guise that it’s not part of the SPA? Can I get a refund for the 30% advance payment and refuse possession of the unit?

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Filing bounced cheques cases to force payment

Q: What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company`s name) in Sharjah? Could we file a civil suit for the same as the person doesn`t get released until he pays & clears the cheque amounts? Are we also eligible to claim the damages & losses? How much could be claimed for damages? Please define with your best knowledge. Thanking you for your kind cooperation.

Easy way to know whether a job offer is real or scam

Q: I am a health professional in Canada. Years back, I posted my CV to work in the middle east on a job site in the gulf. Last week, I got 3 emails claiming from a general hospital in Abu Dhabi, a hospital Dubai and another medicare hospital in Dubai for online recruitment. they showed interest in my CV. All emails were from free accounts (gmail.com address). I chose then to forward an email to the concerned HR department of the concerned hospitals. I forwarded one email to the official email of one of the hospitals (as given on the hospital site). They replied and said, yes, the email is legitimate and you can apply with confidence. Now I got an offer letter from Dubai hospital with handsome salary offer but from a Gmail address. They`re asking me to start position in one month only and asking to contact a travel agency based in Dubai. Is it a scam or true? I have forwarded the email to the HR department of the hospital to determine authenticity.

Cancellation of SPA for delay in delivery and defaulting on payments

Q: Hi I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%. I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019. Now I`m struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day. My question is can I still use the delay in the project as a clause to cancel my unit? Can I cancel my apartment and how much can the developer deduct? After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover. Can legal help be provided in this regard?

هل يمكن التصرف بمبلغ من المال بعد إضافته إلى رأس مال الشركة؟

س: السلام عليكم لو سمحت يافندم، نظام رأس المال لو أضفت ٢٠٠ ألف، هل لي حق التصرف فيهم أم لا؟

Claiming unpaid salaries during COVID-19 which are mentioned to be paid on WPS

Q: Hi. Due to the COVID-19 crisis, I have been on unpaid leave since 14th March. I received half a salary for March and nothing since. The unpaid leave was not mutually agreed and didn`t sign any document to say that I agreed. The company basically just shut the office doors to all staff. However, when on the MOHRE app in the WPS section, it says I have 0 payment pending for April and May. Is there any way my employer would have been able to adjust my salary to 0 with the MOL without my consent? Thanks