Questions & Answers - Legal Advice Middle East

How to deal with a case of bounced cheques paid for rent

Q: Dear Mam, I took one-bedroom flat in Sharjah for AED 28000, from June 2017 to May 2018. I paid 3 cheques but the last cheque I was not able to pay and stayed 3 months more. My owner made a complaint to vacate the house in august, so I vacated the house in September and he calculated for 7 months rent and was told to pay 18000. I paid 5000 cash in December and lost my job in February 2019. Now my company tried to cancel my visa, then only I come to know he filed a case. My company submitted my passport to Sharjah police HQ. I want to know what will happen next. Will the police arrest me? What do I need to do? I`m very much struck financially, please help me to solve this. Because of this problem, without knowing I lost one offer also, please guide me on what to do now.

Immediate resignation without notice and its repercussions in the UAE

Q: Good day, In my situation, I`ve completed 6 years of counting including my joining date. My visa will expire in August but now I want to resign immediately/same day. Can you advise me what I am going to do? Thanks a lot.

إمكانية إعداد الشيك يدويًا وشروط صحته

س: السلام عليكم، لدي سؤال إذا سمحت. سمعت دكتورًا متخصصًا في أعمال البنوك والمصارف، وقرأت هذا الكلام في عدة كتب في شرح قانون المعاملات التجارية الإماراتي والمتعلق بالبنوك والمصارف، يقول أن الشيك ليس شرطًا أن يكون صادرًا من البنك، وإنما بإمكان شخص عنده حساب في بنك من البنوك أن يصنع شيكًا عبر جهاز الكمبيوتر، ويستوفي شروطه الشكلية، ويكون للشيك رصيد في البنك، ويحرره الساحب صاحب الحساب لشخص آخر ويقدمه حامل الشيك إلى البنك، ويُلزَم البنك بصرف الشيك بما أن الشيك استوفى شروطه الشكلية، حتى ولو كان مكتوبًا على جهاز كمبيوتر شخصي. فهل بإمكان شخص لديه حساب بنكي أن يصنع شيكات ويستوفي شروطها الشكلية ويوقع عليها ويصرفها حاملها من المصرف؟ وهل يُلزَم البنك بصرف الشيك لحامله؟ وفي حالة امتنع المصرف بحجة أن الشيك لم يصدر عنه بدفتر شيكات، فهل يحق لصاحب الحساب وحامل الشيك الاحتجاج على البنك؟

إمكانية المطالبة بمؤخر الطلاق بعد مغادرة الإمارات

س: مرحبا أنا تزوجت في أبو ظبي ولدي عقد زواج إماراتي، وأنا سويدية الجنسية وهو أردني الجنسية والشهود على عقد الزواج ساكنين في أبو ظبي. وبعد اكتشافي أنه مريض منذ الولادة وتم خداعي من الأهل وهدف الزواج الاستغلال من أجل الجنسية وهو يلعب القمار والكثير من الأسباب الشرعية، طلبت الطلاق وتطلقت في السويد برضى الطرفين. لكنني لم أحصل على المؤخر. هل يحق لي المطالبة بالمؤخر وأنا أعيش في بلد آخر وما هي الإجراءات في هذه الحالة؟ أتمنى الرد وشكراً.

Sponsor demanding more money to allow company closure

Q: My brother has a contracting company (LLC) made in 2014. Now he doesn`t have money and wants to cancel the company. The local sponsor is a girl (whom my brother never met) dealing on behalf of her husband, he is from Pakistan. As per the MOA, the sponsor is eligible to take sponsorship only for one year (2014). He forcefully took money from my brother for 2015 & 2016 which is not due and requested my brother to issue one visa for his cousin. But later on, my brother knew that he sold the visa for 15k & he again asked him to issue another visa but my brother refused. Since then, that person is making drama, mental torture & ruin his company. He didn`t give a labour card to my brother for an employee to make him an absconder & get cancelled. He even called the employee to make a court case against the company. Now, we called him to come to sign on cancelling the company but he is illegally asking for the remaining years of sponsorship. My brother told him he inquired at the economic dept. and the local is eligible only for one-year sponsorship which is already taken & the money of sold visa will adjust the 15k.

Checking for pending cases against credit card debts

Q: Hi Anitha, I have a credit card outstanding around 25K altogether from 4 bank credit cards. How can I check if I have a legal case or police case on my passport?

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Claiming maintenance from husband to support children

Q: Dear Sir/Madam, I am a Filipino national who`s been working here in the UAE for almost 4 years now. I would just like to ask if it`s possible to seek or file support for my children under the UAE laws against my husband who has been failing since ever with fulfilling his obligations to my children [ages 20 & 15]. Last May, I came to know that he officially submitted his resignation. I have learned also that he got a new job offer in Abu Dhabi. I sought assistance early last year from the Philippines Consulate. They advised me to file a case in the Philippines against him as I cannot file it with them due to restrictions in the jurisdiction. In the same year, I forwarded my concern to our office as we are of the same management but assistance wasn`t fully accorded. I am certain that he will continue to escape his obligations especially now that I am no longer on hold of his whereabouts. Appreciate if you can give me advice on further actions I can take on this matter. Thank you, O. S. D. P.

Defaulting on bank payments and consequences in the GCC

Q: Dear Madam, I have a pending personal loan of AED 18000 + pending credit card payment AED 27000 & my company terminated me last week. I don`t have the cash to settle these debts. Im planning to visit the bank with termination letter also my company is pushing me to leave the country end of this month. I`m planning to seek jobs in other GCC countries. Will I get arrested in a GCC country? Can I go transit from any GCC country?

Employees obligation to pay visa costs upon resignation

Q: Hi I resigned in my probation period as per the notice period of my contract. I have an unlimited contract. My HR is asking me for AED 3300 to cancel the visa. Please assist me with what I need to do.

Commencement of grace period after visa cancellation

Q: Does my grace period start after I sign the cancellation?

Refusing to pay the EOSB to an employee before cancellation of visa

Q: My former company terminated my employment due to a lack of work and they are refusing to release my final payment until my visa is cancelled. Don`t they have to pay me then I cancel the visa?

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Reducing your salary is considered as forced resignation

Q: Hello, My company reduced my salary and made me sign a letter but have not issued a new contract despite several requests. My salary was reduced from AED 17,000 to AED 10,500. I have now resigned and gave them a one-month notice but they are asking me to pay 45 days salary to them because I am on a limited contract. What are my options, please?

Claiming labour dues and visa cancellation upon completing the contract

Q: I already completed the 2-year limited contract with my employer. As stipulated in their acknowledgement of my non-renewal, they will release the last salary and gratuity if I will provide any visa or plane ticket. Luckily, I was able to find a new job and while the papers are still in process, I provided them with a copy of visit visa since the new employer cannot provide a working visa unless all legal papers will be done. Even though I already gave them a copy of my visit visa, my old employer is still not giving me my last salary and gratuity. What should I do?

Rights of the employee in termination for redundancy

Q: I live in Australia and was recently employed by a company in Dubai. I was made redundant and have not been paid all of my contracted entitlements as I was advised the company was being put into administration. I don’t believe the company has been put into administration and they are simply looking to avoid payment of monies due. What can I do? Thank you

Termination of an indefinite employment contract by resignation

Q: Good day! I would like to ask about the early cancellation process of my unlimited contract. I got hired last February of this year and I am planning to submit my cancellation notice within this year, but I will complete my 1 yr of service. Would I be obliged to pay any visa cancellation with the company because I am under an agency and my salary is coming from the company not directly from the client? I am a full-time cleaner/housemaid. Hoping for your positive response! Thank you.

The legal and financial rights of a son from his father

Q: Hello, I`m enquiring about a law in the UAE. I`m a British citizen born in Shrewsbury, but my father is from Dubai. Written in the law the firstborn Arab son is entitled to his father`s fortune/ land. I`ve lived in England my whole life as I didn`t have a choice when I was younger as certain events took place. If you type this story on google you`ll come across a story of me that made international news. This story made headlines as my father tried kidnapping me and taking me back to Dubai. Basically, I want more information and my legal entitlements as I`m now 22 years of age.