Questions & Answers - Legal Advice Middle East

الوقت المناسب للإعلان بالحكم الصادر بمثابة الحضوري

س: السلام عليكم، إذا سمحت لدي سؤالين. لدي قضية عمالية وسيتم الحكم في الجلسة القادمة بمثابة الحضوري لعدم حضور المدعي عليه أي جلسة وتم إعلانه باللصق. السؤال: 1- هل أقوم بإعلانه بالنشر فور صدور الحكم أم يجب أن أنتظر 30 يومًا ثم أقوم بإعلانه؟ 2- هل يحق للمُدَّعَى عليه استئناف الحكم في أي وقت لصدور الحكم بمثابة الحضوري؟

Closing a labor case for visa cancelation and reopening it

Q: I want to cancel my visa as my new employer has a policy to accept only the people having cancellation papers and they are not accepting NOC for the temporary work permit. I have a pending labor case against my current employer as they are not paying my final settlement. In case I will drop my case for visa cancellation, can I reopen it later on?

The procedures of appealing case judgements

Q: I have 4 cases, 3 judgements were made and one ongoing. How do I make an appeal for these? With the one with judgement copy, is it possible to make an appeal?

حقوق المطلقة في حالة عدم وجود أطفال

س: ما الواجب القانوني والمادي في حالة الطلاق علمًا بأن راتبي 2000 درهم ولا يوجد لدي أبناء؟

Delaying the settlement while the unlimited contract is already terminated

Q: I have been working for a company for 9 years and 6 months, but I was terminated last September 19, 2019. I served a 1-month notice. My contract is an unlimited contract. I informed our HR that I`m going home for good and not looking for any job. But until now I didn`t receive my settlement (Dh109k as per the account). They keep me waiting here, and I don`t have money left to use and pay my rent. My visa expires in March. Is this legal? What action do I need to do? I want to go out to the UAE to start a small business in my country. Please advise me on what to do. I am now more than 3 months without work here in the UAE. Thank you for any advice!

شهادة زور في صالح المتضرر مع ثبوت إدانة الجناة

س: شهادة زور في صالح المتضرر مع ثبوت إدانة الجناة ولكن الشهادة لا تُغير واقع الحادث المتعلق بالاعتداء بالعنف الشديد وذلك بالشهادة بوجود كاميرا مراقبة وهي ليست موجودة.

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Settlement with the landlord for early termination of tenancy

Q: A housing agreement has been made for two years and post-dated cheques were also given. Unfortunately, my husband lost his job, so he went and informed the house owner we want to cancel the agreement. But he is asking us to pay for the coming up three months rent. If we lost the job also and three months rent, how is it possible? Can you please guide me?

Can the employer cancel visa before the end of notice period

Q: My company would like to cancel my visa without finishing my one month notice. Is this right?

Forcing the employer to cancel the visa after termination

Q: Good evening, My employer sent me a `stop working` letter on 23.10.2019 awaiting investigation on wrongdoings in the company. My visa expired on 13.11.2019 and they haven`t decided either to renew or cancel my visa. Please note that no one has interviewed me, investigated with me nor interrogated me about anything. The salary of November 2019 should have been paid as per Tawafuq legal department. They also advised me that the stop working letter is only valid for 10 days. Would appreciate your feedback Regards, NIK

Registration fees' ceiling of a property for DLD

Q: Is there any ceiling for real state fees in Dubai or is it 2% of the purchase price anyway?

التراجع عن استئجار وحدة سكنية بعد توقيع العقد بساعات

س: هل توجد غرامة يجب دفعها عند الرغبة في عدم استئجار وحدة سكنية بعد توقيع العقد؟ علمًا بأن تاريخ العقد لم يبدأ بعد وتم إبلاغ المالك في خلال 12 ساعة؛ وذلك لأن المالك يرفض إرجاع الشيكات إلا بعد دفع شهرين من قيمة الإيجار كما أنه لم يتم استلام أصل العقد ولا الوحدة.

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The new insolvency law no. 19 of 2019 and its benefit for debtors

Q: Hi there, Can you please explain the UAE Insolvency Law No. 19 of 2019 on 29 August 2019, thus how beneficial the debtors for defaulting on payment? Thanks,

The process and timeline for commencing job after signing offer

Q: Madam, I am in India and have an offer from a top construction company in Abu Dhabi. The employment offer has been signed by both parties. I have passed on all the information required for VISA processing. The last point in the offer says, Commencement of Employment - Upon reporting to duty. Now, this point puts me a question mark in my mind. What is the tentative date? The employer can say, once the projects start we will apply for VISA...etc. This puts me in confusion on how long to wait as I have resigned from the current company. Or is it the standard format in the offer as the employers are unaware of the time required for VISA processing?

The right of a jewelry seller to deduct 25% in case of returning it

Q: I purchased a diamond Jewellery 15-20 days back from a renowned jeweller in the UAE for a price of AED 20500 and made advance payment for AED 15000. Due to some unfortunate reasons, I had to cancel my purchase. The jeweller is deducting 25% of the paid amount ( 5% for vat and 20 % being there policy) to return the cashback. I believe the amount deducted is unreasonably high as I have not bought the jewellery back home since the amount is not paid fully. I offered them an option to allow me to purchase gold jewellery instead and they still are very stringent in deducting 25% of the amount paid. It has only been 15 days since I made the purchase, I don’t know what to do.

Forcing an employee to pay visa costs in case of resignation before visa expiration

Q: Hi, In my offer letter, which I signed, it is written that the visa cost of AED 5000 will be incurred if the employee leaves before visa expiration. After 6 months, I have given resignation with two months’ notice period according to my unlimited term employment contract. Do I have to give AED 5000 as a visa penalty? My boss says that he won’t accept my resignation until I pay the company 5000 AED. It has been 16 days since he didn`t accept my resignation. He is forcing me to give 5000 AED and threatened to ban me if I do not pay. Can I go to MOHRE? If I launch a complaint to MOHRE and the matter is still not resolved and it is referred to the court, do I have to hire a lawyer then?

The responsibility for maintenance of a flat damaged by a leak from another flat

Q: I`ve been having issues with my building management regarding a supposed leak from my flat damaging another property. I`ve contacted Rera with the following: My building management is saying that there is a leak coming from my bathroom drain pipe which is damaging the below apartment. There is no leak inside my apartment. The only way to access the leak is to go through the below apartment`s false ceiling as there is no possible way to access the drain pipe from my own apartment. My building contract also does not mention anywhere that I would be responsible for paying for this kind of damage. I would like clarification on who is responsible! Also, the time that the leak was reported the flat was unoccupied. Rera has replied that I am not responsible, however, the management company is still insisting. Any ideas?