Questions & Answers - Legal Advice Middle East

Request to the court to release labour guarantee

Q: Hi Madam, Hope you are doing well. I want to ask that my labour case is in the execution stage. After passing two years in the case, and when I requested the court to get the money from the labour guarantee, the court sent me this message: "تم اتخاذ القرار التالي لطلبكم رقم [--------] في القضية رقم [-----] تنفيذ عمالي: يتعذر الصرف. المبلغ الموجود عبارة عن ضمان يخص شركة أخرى. سيتم تنفيذ قرار القاضي خلال يومين عمل." Can you help me regarding this to be able to get my money or I should leave without wasting time? Please, your help is very precious to me? Regards

Right action after the failure of settlement with the bank

Q: Good Day. I would like to ask for some advice regarding my case. I haven`t been able to pay my bank loan before because I lost my job. I was not able to pay my bank loan for 3 months because I don`t have the money yet. But then the bank filed a police case against me for a bounced cheque. I got in jail, paid police fine and got cleared from the police case, then had a court hearing scheduled on 23/12/2019. After paying the police fine, I contacted the bank and I paid an amount of AED 2525 for the accumulated instalment amount that I haven`t paid plus a legal fee of AED 475. But I still have a remaining amount to settle and submitted the requirements for deferment and they will withdraw the court case. After a couple of weeks, the bank informed me that the request was rejected. So I don`t know what I will do from here on. I still have a court case. Please advise as I am already stressed out about this. I am not running away from my obligations but the bank doesn`t understand my current situation. Please help me.

Checking a civil case or travel ban due to a financial issue

Q: How to know if there is a civil case against me or a travel ban? I didn`t receive any SMS or phone call or any notification. I just want to know if there a case against me or not to solve the issues. Please note it`s a financial issue and the amount is less than 100 thousand.

Terminating the tenancy contract for discovering defects

Q: I signed my tenancy contract on Thursday. I went and did the snagging afterwards and I found out that there is fungus in the fridge. The bathroom roof is broken (as in it can fall on my head), the a/c ducts are full of dust which are hazardous and lots of more comments. I didn`t move in nor did I connect DEWA. Can I terminate the contract?

Cancellation of visa after expiry while labour case is running

Q: I have a pending labour case against my employer for pending salaries. The case has been in court for the last 18 months. MY VISA ALREADY EXPIRED. Still waiting for judgement. I have some serious health issues and I want to go to India for treating and will come back on visit within one month. So can I request to cancel my expired visa without a ban? Is it possible? Waiting for your valuable advice.

Harassment by the employer for submitting maternity leave

Q: I told my employer I was pregnant (I have been with the company for nearly 3 years). My boss told me not to return after the baby is born and also said that I should leave before my maternity leave. I told them it`s my right to stay/choose. Since that day my boss has harassed and bullied me at work. I raised a formal complaint against him. However, the company are supporting him saying it never happened as they don`t want to be liable. I am now signed off work sick because of the abuse/treatment at work that ended up with me nearly having a miscarriage. If I resign, I lose my 3 years EOSB, my medical and visa. But if I stay, I am subjected to daily harassment. What legal rights to do I have?

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Assistance with collecting unpaid debts from clients

Q: Our company is not operational anymore as we had debt with two banks and we are now in India. So, we have been negotiating with the bank directly to bring down the one-time settlement amount. We most likely have two cases against our company by these two banks. I need two services from you. 1. Collect debt on behalf of us - from several companies - total around AED 1.3 million. What`s the likelihood of collecting these debts? How will you pay back to us in order for us to settle to other suppliers? And is there any fee or once you receive our payment? If there is an upfront fee, we are unable to pay at this stage. 2. We already have AED 600k worth of cheques under our company name. How will you help in cashing those cheques on behalf of us? Is there a way? If we deposit into our bank account, does it get deducted towards our debt without reaching a settlement. There are 4 cheques. Share your thoughts. We would hire you if your answer makes complete sense to us.

Renewing visa and other cards while a case is running

Q: Hi Ma`am, I have a labour case in Dubai Courts. The court has already issued a judgment that the employer has to pay me. But the company filed an appeal, so I am getting long dates for the appeal hearing. My visa is expired since last one month and I need to cancel it because I have an offer letter from another company. I am having a hard time since I am running behind this issue since 13th June 2019. So more than 5 months gone. Please, guide me. How can I cancel my visa and labour contract so that I am able to join another company? Where do I have to get started from and what steps do I take to get the cancellation of my visa and labour contract?

مطالبة المؤجر ببدل شهرين لعدم رغبة المستأجر بالتجديد

س: السلام عليكم كنت محتاج أستفسر عن شيء. أنا كنت مأجر شقة، وقبل انتهاء العقد بأسبوع أخبرت المالك بأنني سأترك الشقة مع انتهاء العقد. أخبرني أنه يريد مني إيجار شهرين لأنني لم أقم بإخطاره قبلها بشهرين. هل هذا قانوني؟ وهل يوجد نص في قانون الإيجارات ينص على هذا؟ أرجو الإفادة

Loan settlement with a bank after losing job

Q: I`ve taken a loan for 5 years from a bank in Dubai. I`ve paid for 2.5 years, then I`ve lost my job and had to leave the country. Until now I can`t find a job. I couldn`t pay the loan instalment for 8 months. The bank said that they`ve already written off the loan and is threatening to file a police case. The remaining loan is AED 340k. All I have now is only 150k. I`m afraid that I pay what I have, then stop paying. And then the bank will file a police report. What should I do? Is it possible to reach a deal with the bank to pay the 150k and they close the case and give me back the cheques? If they`re going to file a police case anyway, then it`s better that I don`t pay the 150k. It`ll be a lose-lose situation for me and the bank. I want to hire a lawyer to help me close this issue. And explain to me what are my options and how much will his service cost me.

Checking case details of a person with a POA

Q: I would like to know how I can find case details [Court case no:] of a person if I have the POA. Is there any online method to find the same?

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How to check the authenticity of a job offer?

Q: I and my friend got a job offer from a company when we sent our CVs to it. Without any face-to-face interviews or questionnaires, they offered us the job and good packages. Still, they have not asked for any money for visa processing or anything. We are currently working in the UAE and the new job location is in the Netherlands. Without any interview or interactions, how can we accept the job? How can we check for genuineness?

Obligation to pay visa expenses to employer in case of early resignation

Q: Hello, I am from Bosnia and I currently work in Dubai. I came here on the 13th of November this year. Currently, I have only an entry visa and I`m waiting for the medical exam to get visa stamped in my passport. My employer didn`t give me any contract to sign. He provided me with a visa, accommodation, transport and food. Now, I have an emergency situation back in Bosnia and I have to go back. The employer told me that I have to pay for all the expenses to him if I want to go. Do I have to pay it due to not having and signing any contract? And when I have my passport back, will I be able to go home without paying expenses to him? I asked him for the contract, he said that I don`t have to sign anything.

الإجراءات المطلوبة لتقديم شكوى خطأ طبي

س: تحياتي والدتي أصيبت بانسداد في الأمعاء، تم عمل أشعة بعدها بينت وجود كيس في الحوض بجانب هذا الانسداد. بعد أن حل الانسداد تلقائياً، قامت طبيبة النساء بعمل أشعة تلفزيونية بعدها وفحص لعلامات السرطان وأخبرتنا أن المشكلة هي كيس في المبيض ونحن بحاجة لإزالة المبيض عبر عملية مفتوحة. بعد العملية أخبرتنا أن المبيض سليم والمشكلة في قناة الفالوب. لكنها لم تزلها لأنها لم تأخذ موافقة عليها من أمي، و لم تسأل أي فرد من أهلها للتوقيع على الموافقة بل أغلقت الجرح فقط. الآن هي بحاجة للعملية مرة أخرى لإزالة قناة الفالوب لكننا مستاؤون من تعريض أمي لعملية لم تعالج مشكلتها بسبب تشخيص خاطئ. ولا تستطيع عمل عملية الآن إلا عندما يلتئم الجرح. ما الطريقة المناسبة لرفع شكوى على الطبيبة؟

حق الزوجة بالحضانة بعد الطلاق

س: السلام عليكم عندي استفسار بخصوص الحضانة. أنا جزائرية متزوجة من فلسطيني ومقيمة معه بالإمارات وعندي ابنة عمرها ٦ أشهر. زوجي يهددني بالطلاق وأخذ البنت. هل تحق له الحضانة، وماذا يجب أن أفعل حتى أضمن حضانة ابنتي؟

طلب زيادة النفقة للزوجة والأولاد

س: هل يجوز طلب زيادة نفقة الأبناء بعد ٣ سنوات طلاق؟ علماً بأن طليقي يقدم كل مرة شهادات مديونية من البنك مع العلم أن راتبه جيد.