Questions & Answers - Legal Advice Middle East

Checking cases to clear a loan before returning to the UAE

Q: Hi Ma`am, I took a loan in an amount of 50000 in Sep 2016, and then I came back to my country. But now, I came back to Dubai. Can you tell me how many days will the police give me in jail and how much fine for AED 50000 loan?

Removal of retina and fingerprint scan in the UAE

Q: My friend was in the UAE for 10 years with a different name and family name on the passport due to legal issues in the UK. Now the issue is solved in the UK and wants to return with his original name and family name and remove the eye scan and fingerprint in the system legally. Can anyone please assist with the procedure and cost for it. Regards

The right of one partner to force another to transfer shares

Q: Hello, I am based in Dubai. I am the 49% shareholder and manager of a Dubai-based general trading company. Suddenly, my local sponsor is asking me to resign and insisting me to transfer my shares to his son. I refused to resign and transfer the shares. Can he take any legal action against me?

Deduction of the annual leave and reducing salary

Q: Sir, I joined a private company in 27/09/2014 on an unlimited contract. Based on the basic AED 2000 & HRA 3500 (Total AED 5500), I got the annual leave salary up to Sep 2018. In August 2019, the company reduced my basic to AED 1500 & HRA as AED 2500 (Total AED 4000). My accumulated leave was from 1st Oct 2018. I applied for my vacation and it was approved but the company wants to consider the revised salary (Basic & HRA) also. Now the company wants to consider the new salary and deduct the excess paid before as leave salary since the basic and accommodation is lowered as mentioned excess paid during previous leave salary. Recently my company reduced basic and HRA from 01/08/2019.

الامتناع عن سداد أقساط قرض وبطاقات ائتمانية

س: لدي مشكلة قرض وبطاقات ائتمانية تصل إلى ١٠٠ ألف درهم. كنت أدفع بشكل دائم لكن الآن توقفت عن العمل كونه أصابني مرض ويجب أن ألغي إقامتي مع الشركة وأذهب إلى بلدي للمعالجة ولا يوجد لدي المال لكي أدفع لهم. ماذا أفعل بهذا الموضوع، مع العلم أني لا أستطيع العمل لحين معالجتي من المرض؟ هل سيتم توقيفي في المطار إذا أردت المغادرة؟

Delay in obtaining a PCC from the UAE for immigration purpose

Q: Hi, I have lived in the UAE from 2010-2012. I don`t have emirates ID, I have applied for PCC for immigration purpose on Dubai police website and send them the fingerprints attested along with other documents from India. Now, the status online shows In progress for almost one month. They are not responding to emails. Calls also hardly in touch. Only once they picked and seems they don`t have any proper answers for my PCC. I don`t know why they`re not issuing my PCC and delaying it. What I can do in this situation?

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The consequences of terminating a limited contract by the employee

Q: I am working in Jebel Ali Free Zone with a limited contract. As per my offer letter I have to serve the notice period of 60 days and 45 days of basic salary. But I came to know my employer is charging 45 days of gross salary after serving the complete notice period. Just wanted to check, is it legal to ask for 45 days of gross salary in case I serve the complete notice period?

Embezzlement from company and its legal consequences

Q: Dear Madam, I am S. from India. I am working in a logistics company taking care of both Sales and Operation. Due to some unforeseen situation, I have used my customer`s money which I was supposed to pay the company. Since it is a huge amount, I couldn`t repay fully to my office and started giving AED 5000 every month as the customer paying the company. Now, our management came to know about that and suspended me. They`re asking me to pay the balance full amount of AED 73,900 within 7 days, or else they will go for legal. What should I do now and I am not in a position to repay such a huge amount. What will happen if they go legally?

Payment of an outstanding loan from abroad after leaving

Q: Hi Hari, My name is P. I have a question for you, hoping a better clarification from you. I am working in the UAE and I have taken a loan of AED 150,000 from a bank. Till date, I have paid my monthly dues without fail. I am planning to change my job outside the UAE. What are the steps that I should follow? Is it possible for me to pay my loan amount in the UAE while staying outside the UAE? Kindly advice.

Filing a case against car seller for fraud

Q: We have purchased two cars from a Georgian company. These cars were supposed to be shipped to our client in Nigeria. After the container reached to Nigeria the two units inside of it where not what we asked for. The case is that the company has defrauded us by invoicing and billing two units of Toyota LC 4.6L 2019 which has invoiced to us with specific VIN numbers. But unfortunately, what we received are old used cars in the container.

Unpaid utility bills can blacklist you in immigration

Q: I was a victim of a du agent. They came to our shop and offered me 3 SIM cards. They took the SIM cards and they are the one who used that postpaid sim card. They said after 3 months it`s automatically cancelled, but I came to know each sim card has a one year contract. My bill became 1300 something, then I told them I don`t need these SIM cards. Then, when I cancelled, my bill became AED 4900. Every month I`m paying 200, and now my balance is 3400. Every time they are sending messages that they will file a case against me. Yesterday, I got a message from Tasheel that they forwarded a legal action. They said they put a travel ban on me. Is it possible? Please reply. Thanks

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تنازل المدعي عن جزء من مستحقاته العمالية لتسريع الحكم

س: تنازل عن جزء من المستحقات في سبيل تسريع الحكم. لدي قضية عمالية بالمحكمة. موعد الجلسة الأولى الأسبوع القادم. لو تنازلت عن جزء من المبلغ يرضي المدعى عليه، هل من الممكن أن يحكم القاضي بالحكم الابتدائي في نفس الجلسة وتنتهي القضية؟

Drafting of Mirror Will and power of attorney to manage property

Q: My father and I jointly own a property in Dubai. My father is retired, he has a UAE residence visa sponsored by me but is mostly in India. I need guidance on the drafting of a mirror Will and power of attorney (for myself to perform leasing tasks on his behalf).

Consequences on signing a termination letter of redundancy

Q: Claiming of benefits after being terminated. My company asked me to sign a termination letter last August 1, 2019, without any reason in the letter. My manager just verbally said that they don’t have money anymore to continue the opening of the main branch but the branch 1 will still function though. By September 1, 2019, there comes the new management. I just want to ask if I am entitled to 3 months salary compensation aside from the pending salaries I need to get. I am on an unlimited contract.

Recovering paid investment from partners for breaching obligations

Q: We invested in a clinic venture (LLC) as a 25% partner with an investment totalling approx. AED 600k. The starting date of the clinic was supposed to be 31 December 2018 as per the sale and purchase agreement. 9 months have passed, and even the basic inspection to activate the license has not been done. I want to file a case against the original investors whose scope of work includes the activation of the clinic license, as they are currently deceiving me and creating excuses not to start the clinic. They haven`t shown till date a breakdown of expenses and where my investment has gone as the condition of the clinic has worsened. Additionally, they are now asking for more money or threatening to close down the clinic as they haven`t paid the rent for 5 months and have informed me only this week. Kindly help me in this case. What can I do?

Avoiding cases by the bank for defaulting on loan payments

Q: Hi, I have 5 cards and 2 cash on card loan, and all total is AED 150,000. My salary is AED 12000 and I can`t pay the minimum amount because of a shortage of funds. Now, I am really stuck in this, all my money is going to this. Can anyone help me with this? How can I come out of this? All the time I am in real stress because of this. Thank you S.