Questions & Answers - Legal Advice Middle East

Credit card debts and consequences in the UAE

Q: Madam, I have one credit card in a UAE bank from 2015. I was paying the minimum instalment continuously every month but for 5 months, my salary is delayed. I want to know what action can the bank take against me. Thanks.

Refund of an off-plan property payments for delay in delivery

Q: Salam, Hope you are very well. I am writing this email to understand the current law for off-plan properties in Dubai. I started an agreement with a developer in Dubai in 2016 4th quarter. The developer promised to deliver the project by June 2019. Currently, the project is only 23% completed. When I saw the project is being delayed, my payments were delayed too I paid around 40% of the unit price. Now I received an email/letter from the developer on the final Legal Notice, or they would cancel my unit. Does the developer have such rights even though its a big delay from there end? If they cancel my unit, what % of my total paid money will I be refunded from them? I would appreciate your detailed and kind response in this matter, please. Thanks

Returning to the UAE with a debt in at the time of leaving

Q: I had to leave the UAE in 2015 due to losing the job and left a debt of AED 275000. I have a new job offer with a better salary now. I want to know if I can come back and pay monthly to the banks.

Labour case hearing and ex parte judgement

Q: Hi Madam, Good Evening!! A labour case has been filed against my employer for the non-payment of salaries and final settlement at Abu Dhabi First Instance Court. The amount comes approx AED 95000. I`ve attended the hearing in Labor Court two times and the next date is given for 09-04-2019. But my company didn`t appear for any hearing in the court as the authorized personnel in my employer are in large and the company is like the status of a lock-out, not legally. While checking the case status online, the stage is shown as (متداولة في المحاكمة), which translated into English gave me output as circulated in the trial. Please advise what happens next. How many more times I have to attend the hearings? When can a final judgement be expected and is there any chance of getting money?

Assistance in applying for a visit visa to the UAE

Q: Dear, I want to know why it is not possible to apply for a Dubai visit visa in my home country.

Action against a client for refusing to pay for provided services

Q: I have a contract. The client has not paid for the work and does not intend to. Please help, what can be done?

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Refund of security deposit from the landlord at the end of tenancy

Q: I have vacated my flat in the first week of February. The old tenant made so many changes in the flat and the landlord knows about this one. They told me that they will not charge me. It was in 2016. Now, they refused to pay my security deposit back because they don`t have any proof whether they deducted from the old tenant or not. What can I do? Please help.

Cancellation of visa during the pendency of labor case

Q: My company is closed and I have 3 months` pending salaries, so I raised a case against my company. Now, I want to cancel my visa. When I went to cancel my visa in Tawafoq, they told me that there will be a ban for 1 year if I cancel it before my final case judgement. So is there any solution for cancelling my visa since I got a new job and they need my visa cancelled as soon as possible. Please give a reply as soon as possible.

Claiming EOSB after termination and leaving the UAE

Q: Dear Sir/Madam, I continuously worked for a company in Abu Dhabi for 8 years. My contract was terminated last March 18. My gratuity has not been paid since then as the company kept stalling me by promising to pay it in my home country. I deeply regret trusting them. I am currently working outside the UAE and it had been more than 1 year after the termination of my contract. Given the above, can you please tell me what rights do I have at the moment?

الإجراءات اللازمة لإتمام حصر إرث متوفية

س: توفيت أختي بحادث سير في دبي. المحكمة طلبت منا حصر إرث. هل أحتاج محامي وكم أتعابه؟

إثبات عدم دفع الزوج للنفقة للحصول على تمويل من الإسكان

س: أنا مطلقة منذ عام 2012 ولم أنفذ حكم المحكمة في النفقة وأنا من أنفق على طفلي. تقدمت إلى الإسكان للحصول على قرض شراء مسكن وتم رفض طلبي بحجة أن والد الطفل يستطيع أن يوفر المنزل بالرغم من أنه لا توجد أي علاقات وتواصل معه ولم يسأل عن ابنه. المطلوب مني أن أرفق للإسكان شهادة راتب الطليق وإثبات عدم مقدرته إن كان لا يقدر على النفقة. كيف أثبت ذلك؟

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Outstanding salaries and non-renewal of visa by the employer

Q: Hi, My Name is K. and I`ve been working in a company registered in Sharjah since last 2 years. Recently, our employer has set a trend of delaying salaries and now it’s been 6 months accumulated due. However, the employer releases one salary whenever the client is paying the company. In this due course, my visa is overdue for renewal. I have notified the employer and he promised to renew the visa in a week. What should a person do if the visa renewal process on a committed day is not begun and the 6 months` salary is still overdue? Who will be liable to pay fines for the delay in renewal if occurred? If the WPS is not regularized by the employer, will the visa get renewed? This is getting really more stressful day by day since there is no proper roadmap of paying the overdue by the employer. Awaiting your guidance and information Regards, K.

Applicability of the non-competition clause after leaving job

Q: Dear Madam, I was previously working as a manager in a company providing auditing & accounting services. I had a non-compete clause inserted into my labour contract. Currently, I have joined a company with a similar practice at a lower salary and designation as I was not able to get a better opportunity. I have informed my previous company regarding the same and they want an email from me stating that I won`t indulge in direct competition. Will sending out such a letter have any implication in future?

Visa cancellation during ongoing criminal and labour cases

Q: I was working in a company for around 3.5 years in Dubai in the position of Estimation Engineer. On 22.01.2019 I have submitted my resignation to the company with a one month period till 21.02.2019. but on 12.02.2019, the company didn`t allow me to enter the office to work and they told me the company will cancel my visa and settle my outstanding within 2 days. However, in between, I have sent an email to the company twice and called the HR and they didn`t respond. They are also not giving my passport to me. I have filed a labour case against the company due to not cancelling my visa and I have got the date of 7th April 19 for the labour court case. Subsequently, the company has filed a criminal case against me for data copy from the company system. I have visited the police station last week and they have recorded my statement. I want to know if I can get my visa cancellation from the labour court while the criminal case is running so that I can join another company to cover my ongoing loans in the UAE and family liability.

The procedure and place of checking a travel ban

Q: Dear Madam, My company told me to contact Dubai Immigration for my cancellation of visa. Before going to Immigration, I need to check if there`s any case or travel ban with Immigration. Where do I have to check? Can I check withTasheel or any other Emirates Immigration office? Kindly reply. Thanks and regards, V.

Rescheduling the EMI of a personal loan to avoid legal action

Q: Hello Lawyer, I lost my job in November 2018 and still searching for a suitable job here in the UAE. I have a bank loan for which an EMI is active. Until last month, I managed to pay the EMI somehow hoping I will get a job. But so far, I am not lucky and from this month onwards I won`t be able to pay the EMI. I need your best legal advice to close the dealings with the bank in a smooth manner. Awaiting your reply.