Questions & Answers - Legal Advice Middle East

فصل من العمل بعد انتهاء فترة الاختبار

س: السلام عليكم أنا أداوم بشركة في دبي تحت فترة الاختبار ال6 أشهر وانتهت اليوم. قاموا بفصلي بعد مرو ال6 أشهر على أنني غير مؤهل للعمل، مع العلم أنني حائز على درجة بكالوريوس ومعي 25 شهادة أخرى ولدي ما يقارب 11 عاماً خبرة وأنني كنت أفضل موظف بهذه الفترة إلى درجة استغراب الزملاء لفصلي. وسبب فصلي لأنني لم أوافقه الرأي وقد قام بشتمي عدة مرات شفاهةً وأنا معه وحيداً وليس لدي أي شهود، ومرة واحدة على الواتس اب ولا يزال ذلك الكلام معي. الرجاء نصيحتي لكي آخذ حقي منه. وشكراً

Seeking divorce and deciding the legal custody of child

Q: Dear Ma`m, I am an Indian (Christian) staying in Sharjah with my wife and 3+ years old daughter. My visa is from AUH, and hers is from Dubai. We got married in 2009. Since the past few years, she had been torturing me mentally and also after the child is born, she made a lot of issues and there were incidents which she unnecessarily dragged me to police stations with complaints against me. She is suffering from BPD- a mental problem and is so arrogant that she always says that she will either self-kill, kill the child or me. I tried my level best to save her, myself and the child (with police-Dubai Court-Hospitals-Churches-Counselling), but no use. Now, she started saying gossips about me and our maid, still, she wants the maid at home. When I asked, she said she has some plans. Ma`am, this is my second attempt to write here, but it seems just 1000 characters are not enough to explain my issues. Kindly let me know your email ID so that I can send a detailed mail to you. Regards KPT

حقوق العامل لدى صاحب العمل في حالة الفصل التعسفي

Reporting of a cheque bounce case in other emirates

Q: Hi Hari, I have a question that I can`t find in any of the Q&A in the forum. I have a loan from the bank and due to financial distress, there`s a probability of facing a criminal offence. I am from Dubai and my loan application was in Dubai. Can the bank bounce your cheque in different emirates? Since Dubai only imposed fines on less than 200k, does the bank have the leverage to file on other emirates due to a different approach of each emirate on criminal offence? Thanks and looking forward to your response.

Restrictions on starting an e-commerce business in the UAE

Q: We are in the phase of establishing an e-commerce business that will mainly market and sell apparels and accessories within the United Arab Emirates and potentially in some of ME countries. The items intended for sale are from different well-known brands, including many brands that have either agents or retail outlets within this region. However, these items are not of the latest collections. In addition, they are liquidated from previous years’ collections and imported from different countries. For this, we have the following enquiry: - Are there any legal restrictions to trade with international brands business that have potentially agents within the country (Noting that imported items are genuine but not latest)? - Are there any other considerations you could highlight to us, or if you may provide advice on the above-intended business setup? Best regards, M. Z.

Obtaining police clearance certificate in the absence of fingerprints

Q: Dear Sir, Can I obtain a police certificate from Dubai online without the need to have my fingerprints taken, since it is a long process to have it done? I am not living in the UAE, I used to live there and left in 1998. Thank you.

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The rights of the wife for maintenance and residency after divorce

Q: Hi, I am living in the UAE with my husband. (We`re married Islamically). We moved to the UAE for a job opportunity for him and I followed, giving up my career. We have been separated for 4 months but still living together in separate rooms. The plan was to try to work on ourselves and move forward. When we first moved to the UAE, it was challenging for me to find an opportunity in my studied field and I went into another profession. I have recently put in my notice at my job for the betterment of what`s left of my marriage. I planned to find another job in the coming months. Two months ago I found out that my husband cheated and has been involved with another woman. As I am under his sponsorship (residency), do I have rights in the UAE should we get divorced? That is to stay, look for another job or for him to pay a sort of maintenance to me until I find another job?

Filing a case against the husband for denying maintenance

Q: I was told in Sharia Court that I can file a case if my husband does not provide financial support for my kids` food, groceries, clothes and allowance for me. His reason is that I have my own work then I have to share the expenses. He does not live with us and has another wife in Dubai. What is the process and are there any legal complications against me if I choose to file a case against him? I do not want this issue to become messy and involve my children.

Effect on resignation from a free zone company during probation

Q: Hi Sir, I hope you`re doing good. I`m contacting you through https://legaladviceme.com/. My Query is: I`m under a probation period of 6 months with a company based in DMCC, JLT, Dubai. I have an offer letter from a company based in Mainland Dubai. If I resign from my current employer and accept the offer in the mainland, will there be a chance of any ban or penalty? Thank you.

Resignation during the probation period to take another offer

Q: Hi Ahmad, I hope you`re doing good. I`m contacting you through https://legaladviceme.com/. My Query is: I`m under a probation period of 6 months with a company based in DMCC, JLT, Dubai. I have an offer letter from a company based in Mainland Dubai. If I resign from my current employer and accept the offer in the mainland, will there be a chance of any ban or penalty? Thank you.

الادعاء على مطور عقاري بعد تعليق المشروع

س: السلام عليكم الأساتذة الكرام. أود استشارتكم بخصوص تقديم شكوى ضد مطور عقاري. تم حجز شقة بعد دفعة أولى 14 % لحساب المطور العقاري مباشرة بتاريخ 2/3/2019 وكل المرفقات والمراسلات الرسمية موجودة، علماً بأن المشروع قيد الإنشاء 11 % و مسجل لدى التنظيم العقاري في دبي. تمت المتابعة مع المطور بخصوص إجراء تسجيل الملاك للمباشرة بدفع الاقساط الشهرية لحساب الضمان (escrow) وتأخر المطور بالاستجابة. تبين فيما بعد بأن المطور يواجه مشاكل داخلية وتم تعليق المشروع. قدمت شكوى بتاريخ 27/4/2019 لدائرة الأراضي والأملاك بجميع المرفقات. هل مطلوب تحويل الطلب للمحكمة وتعيين محامي؟ نشكر لكم حسن التعاون

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Non-payment of personal loan and its effects on you in the UAE

Q: Dear Madam, Last three months, I am not paying the personal loan EMIs because I am not getting a salary for the last four months. What action can the bank take against me?

Starting credit service provider business in the UAE

Q: We specialise in Credit as a Service (i.e. white-labelled provider of b2b credit from a merchant to its customers) in around 40 countries today. Once a merchant`s customer is registered with us and we have issued them with a credit line they are free to purchase from the merchant. As they purchase, we issue them an invoice branded as if from the merchant. We then collect from the merchant`s customer in line with the agreed credit terms (e.g. 30 days from invoice). Is this model acceptable/legal in the UAE? Would we require a specific licence for this business model? Are there any specific requirements we would have to adhere to in terms of invoice details/format...etc?

Refusing to issue a clearance certificate despite of closing the case

Q: Hello, Please note that my cousins were caught for driving without license and possession of alcohol in RAK; however, the court has cleared all after the payment of the fine amount levied by the RAK court. One of them is currently employed in RTA (Roads and Transport Authority) as a taxi driver. On applying for a good conduct certificate, the police denied it in spite of the case being closed. Please advise what steps are to be taken to acquire the clearance certificate.

Fine payment and further liabilities related to cheque bounce cases

Q: Hi Mam, I need clarification. I had a credit card loan which I was remitting though not on a regular basis due to salary delay. However, while I was travelling on emergency leave to attend my grandma`s funeral last year, I was denied of travelling saying that there is a bounced cheque by the bank and thereafter was imprisoned for a day. The very next day I was released after paying an amount of AED 4950/- and the officer said that I need not have to pay anything further. The bounced cheque was for 60000/- and my total dues at that time were only about 15000/-. Now after almost a year, I received some calls from their collection department and they have sent a mail saying that my dues are now about 39,000/- and cautioned me not to travel. As I am planning to travel during the 1st week of May `19, I would like to know your valuable advice as to whether there will be a ban on me again. Appreciate & eagerly awaiting your valuable advice. Thank you, G. N.

Jurisdiction and governing law clauses in a contract

Q: Hi, I am a legal trainee in Turkey. I have a question. Is it possible to select the Turkish law as the applicable law to the contract, where the parties are both in Dubai?