Questions & Answers - Legal Advice Middle East

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

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?

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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!

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.

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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?

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.