Questions & Answers - Legal Advice Middle East

Appealing a criminal case judgement to avoid stronger punishment

Q: My sister tried to take 40 items from [----] retail on Friday. She was in custody since then and now she is sentenced for 1-month imprisonment and deportation. This has been the judgement of the local police station. This is the first case ever with her, no criminal record of any type before. Is this judgement temporary or can anyone make it worse before this is finished?

مسؤولية الشريك المواطن عن قروض الشركة

س: هل يتحمل الشريك المواطن الديون أو القروض على الشركة علماً بأن الشريك الثاني هو من يدير الشركة وله كافة الصلاحيات من فتح الحسابات البنكية وغيرها؟

مدى صحة صدور قانون بدفع غرامة بدلاً من الشيك المرتجع

س: هل صدر حقًا قانون لدفع غرامة بدل الشيك المرتجع؟ وهل هناك تحديد لقيمة الشيك الذي تُقبَل الغرامة عنه؟ علمًا بأن الشيك صادر من شركة وليس شخصي.

Checking a case filed against a person before returning to the UAE

Q: I have been out of the UAE since ten months and will be going back at the beginning of Jan. However, I found out that I am wanted for a RERA civil case worth AED 23k. My question is how can I find out the details of the company that has put the case to negotiate before I get there and see if I can get the case removed? If not, what will happen when I come to the UAE? Will they take my passport and release me to handle the case or will I be jailed?

Returning to the UAE after leaving without informing the employer

Q: Hi, I would like to ask a question for my friend, she was working for a company in Dubai for 5.2 years and she left the country without informing the employer because it was an emergency case. She left from here in end of July 2019, her 6 months are not yet done, so is it possible to come back for her on the same visa? She asked her company & they told her they have put a ban on her. Is it possible to put a ban before 6 months and visa cancellation?

Checking a bounced cheque case and paying fines from outside the UAE

Q: Hi, I have a cheque bounce case filed against me by the bank in Dubai. The bank is not willing to negotiate at all no matter the solution offered. How do I pay the fine to resolve the case with Dubai Police while being outside the country? Will I be able to get a visit visa with a pending criminal case? I would require a visit visa to enter the UAE again. Kindly advise with the possible options to pay the police fine being outside the country. [Cheque value AED 95,000 and the fine is AED 5,000].

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Provisions of the notice period before the expiry of tenancy

Q: My contract ends on 20th Feb 2020 and I have informed the landlord on the 24th of December to amend the rent or allow us to vacate on the mentioned date. They have replied that the contract will be automatically renewed as we have not given 60 days notice (technically it is 59 days given) and that if we wish to vacate he is asking us to pay two months rent as a penalty. Kindly advise.

Requirement for the payment of oath certificate in a job offer

Q: I got a job offer from the UAE. Now for the visa application form, they had to send me a form from the Abu Dhabi legal chambers as per my agency`s request for an "affidavit of oath certificate" and they are asking me for AED 3300 for the certificate. Is the oath certificate needed for a job in the UAE if the person hiring me told me that he`ll pay it back when I reach Dubai? Is this true and is there a so-called certificate?

Claiming the amount of a labour judgement from a closed company

Q: Hi, My wife filed a case against her employer due to non-payment of an amount over 60,000 AED. She won the case and it has been a couple of months but we did not receive the payment because the facility where she was working with has been closed already. Please advise what we can do now.

Labour rights to be claimed in case of termination

Q: Hello My company has terminated me saying that the project got finished so my position is not required anymore. I want to know what kind of termination is this and what I am entitled to get. Also, will I get 3 months salary guaranteed or is it up to 3 months salary and it could be 1-month salary only plus gratuity?

Resigning during probation and accepting another job

Q: Hello Ma`am!! I am a Chartered Accountant by profession. I have resigned during my probation period in Abu Dhabi. I am on a limited contract of two years. My current employer is willing to relieve me and asking me to put the paper mentioning "I want to go back to India". Fortunately, during probation only I`ve figured out another job, cracked the interview & the other employer has offered me a job. So is there any labour ban applicable in such a scenario? After resigning, do I have to go back to India or I can join the new company? I will be serving a notice period of 30 days as well as 45 days of compensation as mentioned in my limited contract. It would be great Ma`am if you can assist me as it`s a question of my future.

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Possibility to return to the UAE in case of leaving without cancellation before

Q: Is there a ban on free zone visa who left on an emergency but didn`t report back? Can the employer file an immigration ban for free zone visa?

Legal restrictions in case of resigning to work with a competitor

Q: Dear Sir, I worked as a site engineer in a landscaping company for about 3 years. Now, due to personal reasons, I have to quit the job (notice period given already) and move on to another competitive company. But in my contract, it has been mentioned that I cannot join in any other competitive companies. Please suggest to me if I can happily join another company as I have already given the notice period to my existing company or whether I might face any issues in future? Please reply urgently. Regards,

Procedures and requirements for appealing a judgement

Q: My friend is in Abu Dubai jail for 1 year in a case of foreign documents. How can I get the case copy and how can I appeal to convert the imprisonment into fine? I contact the other party and they are ready to ask anything in court such as this man is not. Does it help?

Rights of the employee in case of termination by new management

Q: In Jan 2019, a part-owner joined our company. My gratuity was paid and I received a new appointment letter, mentioning that I`m continuing with the new management with a lower salary and a 6 months probationary period. But, my labour contract with JAFZA was not cancelled. On my 6th month (182nd day), I received the non-confirmation letter through email. They said that they will give an extension of 1 one month, but I have to request. I did request through email then they replied that the same was treated as my resignation. On my LWD (7th months), my manager told me to continue, so I thought I was going to be retained. But after a week, she sent me an email stating that the company just gave me 1 more month and that they have to discontinue my services due to the change in our department. Hence, I worked for another 1 month. Can I claim arbitrary dismissal in this case? Also, since the previous owner paid the gratuity and leave salary only up to Jan 2019, can I also claim for same from Jan 2019 up to my LWD?

Filing a case of defamation at work leading to termination

Q: My Facebook profile about my depression state was shared with people at work who showed to me and also confirmed in writing addressing the issue via email confirming my post was shared with them. This has caused a lot of damage to my reputation in the workplace and which led to my termination under the false pretence of underperformance during the probation period. They also had facts and records to prove that my performance was good but due to my reputation at work, I was wrongfully terminated. I want to know from a legal point if I want to press charges on the people who showed and circulated my Facebook post which was non-work related, how can I exercise my rights as an abiding citizen? Thanks.