Questions & Answers - Legal Advice Middle East

Eviction of a tenant for continuing rent without renewing contract

Q: The tenant is not paying his rent and not responding to the agent`s emails. The previous contract expired on the 24th of June 2019 (Over a month overdue). What to do?

Pension eligibility for GCC nationals working in the UAE

Q: Pension Contributions Q1. Can GCC nationals contribute towards Pension & Social Security fund maintained in UAE? If yes, what are the procedures? Please explain. Q2. For a GCC national working in the UAE, should the employer deduct his/her salary and remit the same to his/her pension fund in their respective country? If so please explain the procedures. Q3. If a GCC national obtains Emirati nationality, what will be her pension contributions? What happens to her contributions made previously to her GCC pension fund? Q4. I read on your website, that an employee under a limited contract has to provide a notice period to his/her employee under probation. Could you please clarify, which article in the labour law states an employee should compensate during probation? Q5. Accrued leave salary to be settled with the end of service benefits, is it calculated on the basic wage/remuneration or wage/remuneration?

Right of the bank to hold EOSB against credit card debts

Q: I got my EOSB but my bank holds the amount due to credit card outstanding. How will I arrange this one if I already left the UAE for good? Thank you

Withdrawal from a job offer before signing labour contract

Q: I recently got a job offer through email from a semi-governmental company in Dubai which was labelled as indicative job offer as the subject. I accepted the job offer through email providing all my educational documents and passport. This indicative offer through email is subject to approval by the government. Attached documents included personal detail form, Non-declaration form and visa form. Nothing like a proper job offer letter or any document from MOL. Is it binding for me or I can still reject? Will I be subjected to any employment ban if I reject now? Which document or stage will make me legally bound?

Claiming passport from the employer after cancellation of visa

Q: My boss cancelled my visa at the immigration and labour. But he did not give me my passport. He wants 1500 to give me the passport. What can I do, Sir?

Deportation and ban in a drugs criminal case

Q: Hi I`m deported for a drug smoking or drug-using case and my judgement is DEPORTATION only. Please give me an advice regarding this, if I am banned or no. And if I am banned, how can I remove it? What is the procedure of this? How do I make a request to the public prosecutor? Please give me an advice thanks

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Renewal of a limited employment contract

Q: Dear Sir, I am presently working and my contract will finish on the 7th August 2019 and I am on a limited contract. Legally, no notice was given to me nor told to renew or they will not renew me. Does it mean that they will not renew my contract?

Threatening by the wife for committing adultery

Q: I am working in Abu Dhabi and my wife is in India, Chennai. I am having affairs with another lady for the past 2 years that my wife came to know about. After that, every time she blackmails me saying she will commit suicide with the children and write a letter I am only responsible for that. So kindly advise me what is the solution for this.

Staying and working in the UAE after the visa cancellation

Q: Will the company be fined if a worker stays and works in some other company after his visa is cancelled?

Can voice recording be used as evidence in a domestic violence case?

Q: I want to check if voice recording can be used as proof while filing a divorce case for domestic violence.

Unpaid salary and the right to resign and claim all benefits

Q: Good day, I am working in an LLC Company in Dubai with an unlimited contract. My scenario is as follows: 1. I am not paid salary for the last 6 months, haven`t filed a case yet. 2. My visa and contract are finishing by the end of July 2019. 3. I got a job offer to join in August 2019. 4. My company is giving hope to give 2 months salary by 20 July 19. 5. The company is not paying the settlement to any while leaving. Please advise me, can I leave this firm by the end of July and join the new offer without resignation and notice period? My resignation will stop 2 months salary offered from them ( point 4 ). Expecting a soon reply and thanking you.

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Refusing to refund the property initial payment after cancellation

Q: Hi, Can anyone please give me legal advice? Till now, there is no legal documents/agreement is made for the purchase of the unit. I had a meeting with the finance manager, he agreed to refund my money after 1 month. I booked one off-Plan property with a developer in Dubai. I made initial payment AED 40,000. Because of certain reasons, I want to cancel this unit. He gave a cancellation letter, mentioning the refund amount 40,000 on the letter as well. Now, they refused to refund the amount by saying that your money is with RERA govt. department and they declined our request for refund. Kindly advise what legal options I have and what could be taken? Thanks

Consequences of not handing over the rented car to company

Q: Hi, I was working in Dubai and the owner of the company where I was working ran away from Dubai leaving all the employees stuck. I was driving a rental car rented by the company as part of the contract between me and the company. When I cancelled my visa, there was nobody to take the car from me so I left it with my friend who delivered the car later to one employee who returned it back to the rental car company. I am now applying for a good conduct certificate from Dubai, would this car issue cause any troubles for me?

Claim against a developer for failing to deliver the agreed quality

Q: We bought a property in a project from a developer at a premium price of AED 5.4 million. Handed over was in January 2019. We signed off the snagging as prima facie everything looked okay. Once the tenants moved in, the nightmare began. Not a day has gone by without a major issue surfacing. Recently the switchboard caught fire and could have led to a major fire harming the tenants. Anyway, I want to know how we can proceed to escalate the issues against the developer for not delivering as per the SPA by using cheap materials, cutting corners in fittings, structural flaws. I just want to make sure that the developer does not get away with shoddy work. They should not take any customer for granted or for a ride and have such a callous attitude. We don`t want our fate befalling others. Appreciate the legal thoughts on the best approach to proceed with ensuring that the developer honours commitments and that proper quality check performed by the developer before handover. Thanks in advance.

Resignation for non-payment of salary and claiming entitlements

Q: Dear Sir / Madam, I have been working here in Hamariyah free zone company as an Accountant Executive for the last one year. For the last 5 months, I am not getting my salary. That’s why I wrote a mail to the top management regarding this issue to release my salary. But the management was so rude and warned me not to ask for the salary. And if I am not happy with the company policy, I can resign. I resigned already from the company with 30 days’ notice period, in spite of that, they are not releasing me. It is very hard for me to stay here without money. Already 2 months finished but nobody is listening to me here in the company. Please tell me what can I do now? Can I complain to Hamariya free zone labour department? Please show me the right way where I can get help.

Gratuity calculation for termination before one year of service

Q: I am a teacher and I worked in one of the schools in Sharjah. I want to ask about my gratuity if I am eligible to it or no. I started school on the 3rd of September 2018 and my service ended on 11 July 2019.