Questions & Answers - Legal Advice Middle East

Releasing an employee from jail in case of employer's waiver

Q: Hi Rajasree, An ex-employee of a car-washing company made a duplicate of the key of the company when he was working there. He gave the key to 2 other persons who opened the company and stole the engine oil. Now they are in jail. The owner withdrew the case. The value of the stolen oil was paid by the ex-employee. The ex-employee admitted to the police that he helped for stealing the company. 1. Can we release him from jail? 2. Should he get deported or fined?

How to analyse the authenticity of a job offer

Q: I received an offer letter from a university in Dubai in 21.10.2019 asking me to join in November 2019. They also asked me to pay my work permit cost which they will reimburse letter. No interview was conducted and the mail says they took my CV from naukri.com and checked my educational qualifications and did background verification. Can I accept the offer?

Applicable law in labour disputes subject to special visas

Q: I was working in a company in Abu Dhabi for a sheikh and my visa was on his private office. It was for three years and not for two years like the private sector. Also, I had no labour card and my employment agreement was not registered with the Labour Department. Do I follow and apply the labour law 8 of 1980? And in case of dispute, shall I go to the labour court or civil court?

Claiming credit card dues after returning double the amount

Q: Hi, I have a credit card of 30k limit. I used it fully and paid them back almost 40k extra. I have receipts for 65000 or more. They presented the cheque in police and filed a case against me but I paid them more than their actual amount. So now what type of punishment they can give me? The cheque amount was 100k. I want to ask you, their limit was 30k but they presented the cheque with 100k. Isn`t it illegal? And what is the procedure to get rid of this tension? I shall be thankful to you Best regards

Calculating the grace period after visa cancellation

Q: Does the UAE grace period of a labour contract and visa mean it will be same for an individual? If my labour contract is cancelled and the visa is cancelled after 20 days, will the grace period be 10 days or 30 days after visa cancellation?

Assistance in changing visa sponsorship to owned property

Q: We own a house in Dubai [full ownership and in possession of the notarized title needs]. I have just resigned from my job and want to now stay in Dubai but not work. Can you help complete visa transfer from the company to my own visa for myself and wife? Regards D. R.

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Claiming refund of property from a developer who fled the country

Q: I have booked an apartment in Ajman in a project and I have already paid 90% of the payment. The builder`s name is [-------], and now they have stopped the project for 6 years. Please let me know how I can recover my money.

Can the wife prevent her husband to enter the house she pays rent for?

Q: I filed a divorce case and already attended the 1st reconciliation. My husband agreed to divorce but can`t get any mutual agreement. I want to know if I can kick him out of the house. I am paying the rent and the tenancy contract is under my name. I am paying all the bills (he doesn`t pay anything), meaning I am the provider since we got married (2 yrs). Since I filed for divorce, I don`t want to live with him anymore. I asked him to move out but he doesn`t want to (He is unemployed). He is not letting me work when he needs to go and look for a job as no one will take care of our son (either me or him), and my job is at risk because of him. He is also hiding my car keys so that I will not leave. He already locked us up when I wanted to attend a friend`s birthday. He locked us (me & my son) when I did something he didn`t like. He left & left the key outside so I can`t get out of the house. Will I be in trouble if I kick him out? Take his things out. Or since he doesn`t want to move out, I & my son will go.

What happens if the witness does not appear before the court?

Q: If a UAE national is called to appear before the appeals court by the defense (06-10-2019) to testify in a case that the UAE national has registered against a UK ex-pat, but the UAE national does not appear on the specified date (20-10-2019), what usually happens next?

A car rent firm immediately withdraw the security deposit. What to do?

Q: My son hired a sports car and the firm immediately withdrew the security deposit from his account. The car has been returned in perfect condition but online reviews indicate that the firm is unlikely to refund the deposit. How do we get the deposit back? We are leaving Dubai today.

The gratuity calculation in case of "discontinuation of an unlimited contract"

Q: Hi, I have been informed by my employer that they are not going to renew my contract. They have stated in the letter that "discontinuation of an unlimited contract", and my contract was about to expire on December 20th. Now, will the gratuity calculation be based on termination or resignation? I have read on some websites that the gratuity will vary if terminated by the employer.

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The way of lifting a travel ban after resolving a civil case

Q: A person has overstayed in the UAE due to a travel ban for a civil case which is now resolved. How does the person then rectify their immigration status and how long should the process take?

Consequences of resigning during probation and returning to home country

Q: Hi there, I would really appreciate it if somebody can give legal advice. I am still on the probationary period, one month to be exact and the entry visa will expire on Oct 28. My employer did not process it yet, and we haven`t done with the medical and no Emirates ID yet. I`m planning to resign from this company and return to my home country because I`m not comfortable and we always have a delayed salary and too much deduction. The question is, can I resign without paying any compensation to our employer or to the company? Thanks, I.

From when is the official date of joining a company calculated?

Q: Good day, Dr. Ayman! Inshallah, you are doing pretty well. I have a question, please! From when do they calculate your official date of joining? Is it from the date you joined based on the contract between you and the employer or from when the visa was issued? I have a case with a firm and they are claiming in their defense that my date of joining is from when my visa was issued. To make it easier: I joined work on 24th June 2018 - The last day was on 7th July 2019. The company is referring based on the labor contract (limited). It says that the contract is from the date I entered the country which is 26th July 2018. Although I was here and I started work on 24th June 2018. (I was terminated and the company is not claiming that). Thank you!

Transferring the liabilities of a purchased property to the real owner

Q: Good evening, I would like to ask if it`s possible to transfer all the financial claims and the case itself to the landlord who used my name to own and manage a flat. I have an RDC case under my name because of the fault of my cousin She asked me to use my name for her to own a flat and before that she promised me that no problem will arise. But she just used me and now I`m the one facing all the financial claims payment, travel ban and bring the port against him. How can I transfer this case under her name? Is it possible Sir?

Claiming passport back from the public prosecution

Q: Hi Sir, I had a case which was registered in Dubai and then transferred to Abu Dhabi Courts and settled. I took bail from Dubai on my passport. Now, I am in search of my passport. Can you please advise what to do? I have gone to different police stations including CID HQ but no one has the passport. The CID HQ has given a copy of a letter from my case files in the system showing my passport is transferred to Abu Dhabi public prosecution in November 2018. Whom should I contact in this regard?