Questions & Answers - Legal Advice Middle East

The cancellation of wife's visa upon canceling husband's visa

Q: Good day, When we left Dubai a few years ago, we did not get exit permits before leaving and have not been back since that time. I did resign from my job before leaving and I have proof that the company did cancel my visa after leaving. I also closed all accounts and paid all debts before leaving. I sponsored my wife as "housewife not allowed to work". To my understanding, her visa would have automatically canceled when the company canceled mine. She never worked and never had any loans, accounts, etc. Is there any risk or problem we might experience if we want to transit through Dubai or visit Dubai again because we did not cancel her visa and didn`t get exit permits before leaving? Thank you!

The liability of companies for personal injury due to negligence

Q: I have been injured as a result of two companies` negligent actions. I tripped over a black pipe that was laid out in an area where the lighting was broken. The company which laid the pipe did not put up adequate barricading which would have highlighted the trip hazard. I was tripped over it in darkness, knocked out for 10 minutes, had a head injury, ended up in emergency and still have an injured shoulder and blurry vision in one eye. What actions can and should be taken? Both of these companies need to be held accountable for their negligence and for the injuries, pain, and suffering.

Possibility of cancelling or delaying civil court fees

Q: Hi All, I have been cheated by a group of people and had filed the criminal case. The criminal court has ordered jail term and deportation to the criminal and also passed the order - "Referring the civil action to competent civil court without any expenses". My understanding is that I don`t need to pay the court fees which are AED 40000, as my claim amount is 1 million. However, my lawyer is saying that I need to pay the court fees. I don`t have that much money as I have lost all my money in cheating. Can someone clarify if I need to pay the court fees? I will be very much thankful for your insights. Thanks I.

Time frame for the execution of a labor-case final judgment

Q: I filed a case against my employer for my salary in court. My amount is 20,000. How much time the execution court takes after the final judgement? What would I do after the final judgement? They didn`t appear in any hearing and they cancelled me before submitting the case. Now I am overstayed in UAE. What is the procedure to remove the fine? Thanks!

Resignation during the probationary period in unlimited contracts

Q: Hi, I have been working in a private firm for the past 4 months. Since I am not comfortable with my work and my employer, I want to resign. My concerns are: 1. I do not know the status of my visa. 2. I am not sure if I will get a ban or not.

The effect of canceling wife's visa on her husband

Q: My wife is currently in our home country. What will happen if she doesn`t return back within six months? Will I have any problem with my residence visa?

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Protecting the rights of a broker in terms of commission

Q: A commission agreement between broker and seller was drafted and signed by the two parties in Dubai. The agreement states that the seller shall pay the broker a certain amount of commission after the sale transaction is done. How can the broker guarantee his right 100% in case the seller doesn’t pay? Shall the broker register the agreement with the notary public or the Ministry of Economy? Please take note that the location is Dubai.

Settling an unpaid loan from outside the UAE

Q: I have an auto loan in Dubai, but I am no longer in Dubai. What is the best way to resolve it?

Termination of a tenancy contract before its due date by a tenant

Q: Hello, I`m the landlord of a flat in Dubai. I have rent out it to a tenant from 01/08/2019 to 31/07/2020. The tenant has paid all with 2 checks. On 05, February, he told me that he wants to early terminate the contract and leave the flat on 05, April. In our addendum, it is written that: 18. In the event of termination of contract prior to the mentioned date of expiry, the tenant will have to inform the landlord with a 60 days prior written notice and indemnify the landlord with an amount equivalent of 2-month rent. I understand that for sure he has to pay normal rent until 05, April and after that, he has to indemnify me with an amount like 2 months of penalty. He understands that he has not to pay a penalty. Only stay until 5, April and leave. What do you think about this? In my opinion, "indemnify" means that he has to pay a penalty for my loss (the flat is empty, etc).

Claiming deposit from a real estate agent due to mistrust

Q: Hi, We are quite new in this country; only a few months. We thought that it is a good opportunity to buy a property without seeking legal advice. Unfortunately, we have attempted to buy a property, but we have ended up having more problems. Currently, we have a dispute with the seller since we have asked our deposit back as the bank valuation came a lot less than the mutually agreed property value. We have also experienced some other issues that have broken our trust in the real estate agent so we simply want to call off and cancel our contract. In the contract, there is a section which sets a condition that if the valuation comes lower than a certain amount, this contract shall be cancelled and the deposit should be returned to us, but unfortunately, the amount is missing there. I was wondering if I still have a valid case to ask my deposit while there isn`t a defined amount, but the condition itself is there?

Penalty clause in service providing contract for delaying payments

Q: Can we add a special clause for charging some additional amount to the clients after the delivery of our product/service for delayed payment, which exceeds the time specifically mentioned in service contracts?

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Refusing to cancel the visa despite serving the notice period

Q: My employment contract has been terminated and I have served my 2 months` notice, but my employer will not cancel my visa. Is this illegal? If I leave the country, can my employer file a case against me for absconding?

The best strategy to settle a loan and remove defaulter's name from the blacklist

Q: Hello all respected lawyers, I left the UAE because of job loss in 2009 and, at that time, I had an unpaid loan of around AED 200,000 from a bank. It must have reached millions now after years of interest. I started my life afresh and after 10 years, I got little stability in life. Now I am in a position to pay around AED 100,000. With your experience, do you think that the bank will be able to accept this as a final settlement and clear my name from the blacklist? Your suggestion is highly appreciated and if you think this amount will be acceptable, then I would like to do it through a lawyer. Thanks in advance!

Claiming back down payment from a broker after securing a house loan

Q: Dear Dr Amira, I entered into an agreement with mortgage brokerage to help me procure a loan for a property in Dubai, further to which the firm asked me to pay upfront an amount of AED 470K. This included down payment and other misc. charges. The brokerage company has managed to procure the loan but now have used my down payment and does not have the funds to conclude the transfer. What are my legal options? Please advise

حق صاحب العمل حين لا يلتزم العامل بفترة الإنذار

س: أنا صاحب عمل ولدي عامل تقدَّم بالاستقالة ولم يلتزم بفترة الشهر الإنذار وداوم 14 يوم فقط من شهر الإنذار. عند تقديم شكوى ضد العامل، قال المستشار القانوي الذي اجتمعنا معه أنه لا توجد مشكلة ويرجع العامل لإكمال الشهر! هل يجوز ذلك بعد إخلاله بالعقد؟ وما الحق الذي ينص عليه القانون لصالحي؟

Company's refusal to pay an employee's annual paid leave

Q: My friend has a contract which states that she gets 30 days` annual "paid leave" after every 12 months of a completed work year. With approved and signed leave, she went on leave, and on return, the company refused to pay her 30 days` salary whilst she was on leave. What can be done?