Questions & Answers - Legal Advice Middle East

The calculation of the EoSB in case of working for the same company in different countries

Q: I was working in France for a company and got transferred to the UAE with the same company. As part of the transfer process, I resigned from my French position and signed a new local contract for the new position. My employer issued a letter mentioning the resignation and the new position benefits as well as clearly mentioning that my employment with the company is continuous (ie. my start date with the company remains the same as my start date in France). I have now resigned from my UAE position and am in the middle of my notice period. I have discussed with my account department the details of the End of Service Gratuity and found that they do not consider the French start date but the UAE start date in their calculation. The letter as well as multiple company internal procedures clearly state that when an internal transfer happens, the start date with the Group remains. As I was forced to resign from my French contract, I have not taken any compensation for the years worked. Please advise!

Is it legal to work without a contract or visa if you are on the father sponsorship?

Q: Is it illegal to work without an offer letter or work permit on the father sponsorship?

A Freezone company sells goods on an online marketplace in Dubai Mainland

Q: Is it possible for a Freezone Company to sell goods directly on an online marketplace in Dubai Mainland even though the Freezone company has a mainland registered authorized distributor?

Claiming compensation for arbitrary termination from employer

Q: Dear consultants, I have been terminated based on restructuring and redundancy. I am working in this free zone company for more than 10 years and had a periodic promotion in work and salary (I have an unlimited contract). 1 - Am I supposed to get 3 months salary compensation based on the arbitrary termination of an unlimited term contract, although they have mentioned 2-month salary as goodwill payment and 1 month notice period salary? 2 - They mentioned "you are entitled to 1 month notice period commencing 10 Nov-19 date and this letter constitutes such notice. you are not required to work your notice period and your last working day in the office as agreed will be 10 Nov-19, we have mutually agreed to pay your notice in lieu on or shortly after your cessation date (10 Nov-19), subset to exit clearance." In this case, can the employer still force me to work in the notice period?

إلغاء إقامة الموظف ومطالبته بالتوقيع على استلام كافة المستحقات

س: السلام عليكم، تلقيت فصلاً من شركتي بعد ثمان سنوات عمل وطلبوا مني عمل تعليق لإقامة أولادي حتى يلغوا إقامتي. طلبوا مني كذلك توقيع إلغاء تصريح العمل ولكنهم لن يعطوني مستحقاتي كاملة إلا بعد عمل التعليق. هل هذا قانوني؟ وهل إذا أعطوني صورة الشيك بالمستحقات هذا يكفي للمطالبة به أم أنني عند توقيع أني استلمت كافة المستحقات لا يمكنني مطالبتهم بها لاحقًا؟ برجاء الإفادة قبل توقيع إلغاء تصريح العمل.

Claiming compensation for being made redundant

Q: I was terminated due to "redundancy". I have been working in the company for 2 years and 3 months under unlimited contract. What are the benefits that I can claim?

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Cancellation of employment visa when there are pending cases

Q: Hello Team I just finished two years in my job and at the time of cancellation, I came to know that there are a couple of cases. Now the company wants to do an absconding case as they said they are not able to cancel the visa. Is there any solution with the employer instead of going the absconding route? Thanks.

Right of the lawyer to claim unforeseen fees from the client

Q: I hired a lawyer for debt recovery of 25,000 and they charged me around AED 10,000. AED 3,800 for the legal notice, and 1800 for negotiation, then 4000 for the settlement and exchanging a few more emails. Is that a reasonable amount as they claim? Their last charge was not communicated ahead as they claim they couldn`t anticipate the work ahead. Do I have any right to complain or reject that last charge?

Traveling to the home country when a bounced cheque case is pending

Q: Hi sir, There was a cheque bounce case in Sharjah police station a few months before the police catch me. My passport was kept there and I get a kafala. Right now, I need to go to my country for an emergency. Is it possible to replace my passport? What are the maximum days it will take?

Termination of services due to cost-cutting

Q: My company terminated my services without any reason except for what they told me that they are cost-cutting. What are the complete benefits that they have to pay to me beside the gratuity? I worked there for 3 years.

Recovery of a loan to employer and outstanding salaries

Q: I’ve given a loan to my employer due to bad cash flow position of the company to support the company without a written agreement. Due to the bad position of the company, the company had fired more than 80% manpower including myself. I have a few salaries also pending and until last month, the company was paying me only the EMI of the said loan. Kindly advise me how to recover the dues including loan + FFS.

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Payment recovery for delay in the delivery of purchased property

Q: Hi, I need to hire a property lawyer. I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months. Can you please advise what is the average fee to the lawyer and any upcoming fees? I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid. Thanks

Requirements for a free zone company to conduct business on mainland

Q: Hello, I read the law 2011 Article 14 & Article 23 that says a branch of a free zone company in the UAE is allowed to conduct business on the mainland if I get a license and open a branch. I just want to confirm, I have a Free Zone company in the UAE and I sell to other countries right now. I want to begin selling in Dubai. If I get a license from DED and open a branch on the mainland, will I be allowed to sell the clients directly or I will be allowed to sell just distributors in Dubai? And do I need a local sponsor for this case or a Local Service agent is enough? Regards

Mutual Termination vs Resignation

Q: Is it possible to request a mutual termination of the contract from the employer? My employer recently asked me to submit a resignation. Since it`s not legal for him to do this and since I don`t mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter? What are the important things that should be stated in the letter?

Court fee for filing civil case of cheque bounce

Q: What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?

The right to file divorce case for harassment by husband

Q: Salaam, I`m an Indian expatriate living and working in the UAE since June 2018. Got married on 5th September 2019 in Dubai under the Sharia law. My husband works in Dubai. I work in Ajman. We live in Ajman. My husband & his family have been harassing me for gold & money from the first day of marriage. He has been exploiting me physically, emotionally & financially. I have been paying for everything including rent & groceries & even sending monthly expenses to his family in India. His brother in law and sister have been harassing me to apply for a loan to give them the money. I have been used emotionally and physically for pleasure and financially to bear the expenses of his family through my salary. Today he packed up his stuff & left the house saying that we can`t live together anymore. I want to file a complaint against him & his family for physical & mental torture & for demanding gold & money. Please advise.