Questions & Answers - Legal Advice Middle East

Possibility of being charged by police if there is no proof of marriage

Q: Hi, I am married but don’t have a certificate to show it. I was reported for a bounced cheque and when police asked me for my statement, they asked if I’m married and I answered yes. I have a 2-year-old son who was born outside the country. Will I be charged with sex out of wedlock? Thank you

The eligibility of a 19 year-old person to sign an MOU

Q: Hello, I am 19 years old. I have tried to sell my apartment in Dubai. I and my mother have signed MOU. But no one had the right to sell the apartment. Only my grandfather can sell it because he is a guardian. In Trakhees office, they didn`t allow me to sell. Now the buyer wants 116.5k AED from me because I didn`t finish in time. I can`t pay. Is the MOU invalid because my grandfather didn`t sign it?

Claiming labour entitlements and notice period upon termination

Q: Hi Sir, I was terminated on July 6, 2020, and the effective date is July 7, 2020, without prior rendering of the 1-month notice period and I have 1-month notice period as per my unlimited employment contract. The reason is COVID-19 Pandemic and redundancy. I even requested my employer personally that If he will possibly still grant me to render the 1-month notice as per my contract, but my request has been denied. By July 10, I fully accepted and acknowledged my Notice of Termination by replying to the mail and requesting to send me my settlement, and until then, I will sign all the documents needed from my side. Am I still entitled to the 1-month notice salary even with or without rendering the said notice period because I was terminated? Or In-exchange they will give me 45 days extension of my visa but they will not give me the 1-month notice salary? Hope to hear from you soon. Thank you.

Safeguarding the interests of a partner not involved in operation

Q: I have a 5% partnership in a business (LLC) which is operated by another person who holds a partnership of 44% and the rest 51% is UAE National`s share (as required by law). I also have a Partner`s Visa from this company. As I am not involved in any decisions or operations of the company, how can I be safe without any risks if the company gets involved in any legal issues like any huge fines for any other irregularities? Will I be liable to pay if there are any fines? If yes, then how much would I be liable to pay? How much percentage would be my Share? Can I make some kind of contract to safeguard myself?

Operating an e-commerce company under a general trading company

Q: Hi there! My father has a General Trading Company registered in Dubai, UAE. I`m planning to start an online e-commerce business with the same products but improved quality. I want to know if I can get my website registered under the same general trading license but it`s of a different name. If not, what are my options?

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

س: أنا غادرت دولة الإمارات في شهر فبراير 2020، ولا أستطيع العودة بسبب كورونا. هل تُلغَى إقامتي تلقائيًا بعد ٦ أشهر؟

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Claiming refund from developer after cancellation of project

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?