Questions & Answers

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

Employee rights in case of changing an unlimited contract to a limited contract

Q: Hi, What is the law if an employer wants to change a contract from an unlimited to a limited contract? Is the employer liable to pay the 3 months arbitrary dismissal (if valid) + other monies owed prior to changing the current unlimited contract to a limited contract?

The applicability of UAE commercial companies law to a company with a civil license

Q: I have a professional company with a civil license from DED (not an LLC company). The civil partnership company is not defined in the commercial companies` law. It is defined as a "partnership" in the UAE civil transactions law. Is UAE commercial companies law applicable to a company with a civil license?

Reducing an employee's salary without his consent during COVID-19 pandemic

Q: I am an English dance teacher working in Dubai, the UAE. My employer has reduced my pay due to COVID-19, but I haven’t signed anything for them to say that they can do so. They sent me a form two months after paying me a reduced wage to sign which was backdated and whilst I was not in the country. Can they legally underpay me without my consent?

The possibility of approaching the UAE courts to end a marriage made in the USA

Q: Dears, I’m Muslim (man) married to an American (Christian) in the US and our marriage was not as per the Sharia. Now we want to divorce in the UAE, would the court accept that? as I wonder if it could be dismissed because my marriage may not be valid here even though it’s registered and she has been on my residency for the last 7 years. For your information, we both have dual citizenship so we can’t apply other laws. Thank you!

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Checking legal cases after being-arrested by the borders police

Q: I`m looking for an attorney in a financial case. My husband was arrested on 21st of January 2020 for unauthorised border crossing on the border of the UAE and Oman. He was convicted for 2 months in Al Ain jail. He has a financial case in the court of Dubai and Abu Dhabi. Almost 5 months have passed, but he is in Dubai jail although there is no case for Dubai left, we can`t get any more information. Could you make some comments on what could be the possible actions in this case and advise on a lawyer who could take the case? I will be looking forward to receiving an answer.

Filing a complaint against an employer for not processing an e-visa

Q: How can I file a complaint against an employer for not processing my e-visa? I got a labor contract and an offer letter from the employer.

Following up on a labor case after traveling to the home country

Q: After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period. I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me. I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well. I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?

How to guarantee labour rights before signing the cancellation paper

Q: Good morning All, I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020. Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan. The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE. They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee. The company that I worked for is located in Dubai and is a private organisation.

How to guarantee my right in accrued leave days or payment

Q: Dear Sir, My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off. However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets. My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?

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حق الحفيدات في إرث جدهن إذا توفي والدهن قبله

س: هل الأبناء من الإناث يرثن من الجد وأبوهم متوفى قبل الجد؟

Labour entitlements the employee is eligible to before singing cancellation

Q: Assalamo Alaikum, I have a question. My company wants to cancel my visa. It`s an unlimited contract. Currently, my visa validity shows until 30-01-2021, extended due to the COVID-19 crisis. Originally, it was supposed to expire at the end of this month. The company has not settled my gratuity. I would like to know what all benefits I`m entitled to if they cancel my visa are. They have sent me a visa cancellation form which I have not signed as of now.

Suing a foreign bank in UAE courts while all agreements are signed abroad

Q: If a UAE resident (natural person) signs a loan agreement (simple Lombard loan agreement with the pledge of securities at the same bank) with another jurisdiction bank (e.g. in a European Union country like Austria), and if a conflict occurs between the bank and the UAE resident natural person in the future, could he sue the bank in UAE court jurisdictions even though all loan agreement documents signed in Austria by just referring Austrian court jurisdictions at the loan agreement and even though his financial assets are invested and pledged at an Austrian bank account? Best regards,

Presenting the guarantor cheque if the loan original cheque bounces

Q: My bank presented my cheque which bounced obviously. It was against a loan amount, they had taken a cheque from my guarantor for the same amount. Can they present his cheque? And is it legal to present two cheques for the same amount and for the same loan account?

Can the tenant prohibit the landlord from accessing the property?

Q: My tenant has served 90 days notice and expressed his intention not to renew the tenancy. I did offer a rent reduction and also monthly payments, however, he insisted that they will move out and return to their home country. We had agreed on a time for an agent to visit and take photos to market the property, however, they are not allowing me or the agent to access the property. Further, he has not accepted any of my many calls or responded back to messages. Where do I stand legally in terms of gaining access, especially as he has served a written notice to vacate? My objective is to ensure that I do not have an empty villa once they leave given the tough economic times.

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

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