Questions & Answers - Legal Advice Middle East

Claiming refund from property developer for delay in handover

Q: I had invested in an off-plan property with a developer paying 30%. A year back, they offered me some discount to pay the balance (70%) in advance of handover mentioning it will be in May 2018, which I foolishly enough did. The official handover date was March 2018. So it is delayed by more than a year grace period and I have not been notified in any way about any delays. They are no longer responding to emails. The project shows completion of 82.18% at the land department website, but going by construction on-site, looks like it will take another 6-9 months, if not more. Questions: - Can I claim a full refund for money paid with interest? - How much time does the legal process take because I have been told by some friends that the developer can drag the case for years? - Any other option that I have as an investor to deal with a powerful builder? Appreciate any advice that you can offer. Happy to share the documents for review.

Dealing with a civil from outside the country

Q: Hi, A civil case is filed against a person who is outside the country. Can the court reach a verdict without the defendant`s presence? Also, would he has the chance to produce the MOU and support with details for the investigation of the case i.e. a bank loan default case? Lastly, if the person is in the country can he defend the case in court without a lawyer?

Possibility of taking a leave during the probation period

Q: Hi, I`m working in Dubai for the past three months and I`m in the probation period. Can I get leave for 10 days when I`m in my probation period?

Terminating contract and refund for misrepresentation by company

Q: An online company represents that it can offer financial CFD services to the UAE residents but it is later found that the correct authorization or licence was not held. Would this misrepresentation allow the recission of any contracts and refund?

Action and grace period after failing the medical exam

Q: Hello, If my contract and visa will be cancelled due to medical exam failure, what should I expect from my company? And how much time do I have before I leave?

The way of changing the local agent of a sole establishment

Q: Dear, I have a sole establishment company with a local sponsor as my agent. My sponsor is not very cooperative and hard to reach. I want to change her but I don`t know how. Is there any way I can change her for another sponsor?

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How to handle civil case proceedings from outside the country

Q: Dear All, If a civil case is filed against a person who is outside the country, can the court reach a verdict without the presence of the defendant? Also, will the defendant be able to provide the information required to support the case investigation to defend himself/herself by being outside the country? Please provide me with the details. Thanks!

Cancellation of visa after termination during probation

Q: Hello, I got terminated from my company under 6 months probation, My PRO said he got the approval for visa and immigration cancellation. Then the company said they needed to confirm it and it would take 2 days, the 2 days are over. If both, visa and immigration cancellation received approval and papers were already signed, why is my visa status on the channel of the MOI website is still not showing my visa is expired or cancelled? It still says "converted to a resident" help me please, I gotta leave the country soon.

Arbitrary dismissal claim for termination due to restructuring

Q: Good day, I have a question about my contract being terminated in the UAE. I was verbally informed of my contract being ended due to redundancy on 6th October with no requirement to work the notice period. There is a 2-month notice period in the employment contract. The written notification was only provided on 4th December. Company is refusing to pay gratuity and vacation during notice period with all calculations only being until 6th October. Is this calculation correct? How does the lack of written notification affect this as I would think the notice period should commence when that is received? Secondly, in the redundancy letter which was titled “Notice of redundancy,” it was called a “necessary restructure”. I have since found out that somebody else has been brought into my position but the job title has been changed. All reporting lines and work responsibilities seem to remain the same based on what I have heard from former colleagues. Would this fall under an arbitrary dismissal?

Applying the UAE labor law to an employee working in a branch of a foreign company

Q: Dear All, I have been working for an Indian based IT company for the last 7 years. In the last 3+ years, I was working in the UAE through their UAE branch. Now I have resigned for another job. Which policy would be applied for my resignation? Indian policy (90 days Notice Period) or UAE (Limited Contract)? If the UAE policy is applicable, what would be the best option to serve 30 days notice period? Regards,

Paying the salary of an Emirati employee while joining the military forces

Q: What should an employer do if an Emirati employee joins the military forces while being in service? Does the employer have to pay the salary if the Emirati worker leaves the company to join the military forces?

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Claiming labour dues for termination after joining new company

Q: I went on emergency leave and failed to come back due to unavoidable circumstances and even notified my company about it and they terminated me two months before the end of my second contract. Now I am back and working in another company. Can I get my terminal benefits for the last contract from my previous company?

Action against a business partner for failing to fulfil his obligations

Q: We are 2 partners in a technical services LLC company, it`s 6 months old. I paid some money to my partner to clear the instalment amount with setup consultancy which he didn`t pay yet. Also, he`s not investing his share further comparatively my investment is more for setup. He is still using the business license keeping me away (hiding), his phone is not reachable all the time, only contacting me on Whatsapp and telling lies. Due to his untrustworthy, I would like to claim my investment and damages from my partner and need to withdraw my partnership. Give me a solution.

Preparing a non-disclosure agreement before discussing a business idea

Q: I have a business idea. There are multiple workflows in my prepared document. Prior to discussing such topics with any business service provider, I will have to get an NDA signed by them. While making such documents, what all articles of laws should I mention? Also, please advise if it should be printed in a legal document or in a white sheet paper!

Entering the UAE in case of detecting old TB scars

Q: Hi! Good day! My daughter is planning to come and work in Dubai soon. My question is she had tuberculosis when she was 9 years old and she was on treatment for 6 mons that time and was treated. My question is, does it leave a lung scar? I am scared that it will show up in the chest X-ray during the medical exam. Will the UAE immigration issue a working/ residence visa for people with an old scar? Thanks, Ms A.

Filing a case for wrongfully encashing a guarantee cheque

Q: 3 years back I had given a post-dated cheque as a guarantee to a person whom I had to pay the money. In 3 years time before the due date of the post-dated cheque, I had paid him partially by cash and cheque for which I have his signed vouchers and the PDC cheque details. He was supposed to return back my PDC on the due date and collect the balance amount that was around AED 4000. The cheque value was AED 115,000. On the due date, he demanded more money from me and when I refused, he bounced the cheque and filed a cheque bounce case. He said I gave him a cheque of a closed bank account when he asked the money back and claimed the full amount. I was arrested and had to pay the fine for the cheque bounce case. With the agreement I have with me and the payment voucher proof, can I sue him back for the false accusation? And can I claim compensation for spoiling my name and image?