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Questions & Answers
UAE
العودة إلى الإمارات بعد المغادرة دون سداد ديون للبنك
س: لقد غادرت دولة الإمارات منذ ثلاث سنوات وكنت قد أخذت قرض من البنك بقيمة 70000 وكنت قد سددت نصفه. لدي أيضاً بطاقة ائتمانية من بنك آخر بقيمة 12000 درهم سددت أصل المبلغ ولكن بقيت الفوائد. وقد أردت التسديد ولكن حدث خلاف معي ومع الوكالة التي أعمل معها وغادرت. أنا الآن أريد الرجوع لدولة الإمارات والعمل بها. كيف يكون الوضع معي وهل الآن أكون على قائمة الممنوعين من العمل أو من الدخول إلى الدولة؟ أرجو الرد Questions & Answers
UAE
Deportation from Dubai and possibility to come back
Q: I have been travelling and was deported to my country for two years, and now I want to go back and work in Dubai. How do I get back to Dubai? Questions & Answers
UAE
Delayed property projects and the right to exit the SPA
Q: Delay in property completion and need for cancellation and exit from SPA Hello All, I booked for an off-plan property in Downtown Dubai by a leading builder. The completion date was June 2018. However, the property was not completed in June of 2018. I received a note in April 2018 citing the new completion date would be Dec 2019. Since the completion date is well over the stipulated grace period in SPA, I had requested the builder for a friendly settlement by cancelling the SPA and refunding the money as per the default by vendor clauses in the SPA. This has been refuted by the builder and repeatedly says that they cannot cancel the SPA and neither can they refund the money. What are the options available? Questions & Answers
UAE
Consequences of resigning during the probation period
Q: Can I resign during the probationary period without the risk of paying any fees to the employer? The employer said that they will charge me with 3 months. Questions & Answers
UAE
Jurisdiction of the UAE courts in a divorce case if one party is abroad
Q: Please, can you let me know if the UAE courts would have jurisdiction in a divorce case for a British non-Muslim UAE resident with a UAE residency visa? The other party is a not a UAE resident nor a Muslim and has never had a UAE residency visa, but has visited the UAE on a visit visa 12 months ago and has issued (but not yet served) a divorce petition in the UK? And does it matter when the divorce petition issued in the UK is served to the UAE resident? Will it make any difference if it is served before or after they file for divorce in the UAE? Questions & Answers
UAE
The new regulations regarding bounced cheque cases
Q: Is it correct that cheque cases today are no longer treated as criminal and are dealt with a fine according to cheque value? Sincerely, Dr A.K. Questions & Answers
UAE
Threatening with a travel ban by the bank without filing a case
Q: I have a card balance of AED 40k. One legal firm asked me on behalf of the bank to pay this before 24th or they will file a case. They said they already put a travel ban. Is the travel ban possible without a case being registered? Appreciate your advice Questions & Answers
UAE
Checking the reasons to employment visa rejection
Q: Sir My name is Arunkumar. I was working in Dubai 1 year before. My visa was already cancelled, but now I will try a new employment visa. This time it was not issued and he is telling me I have no security clearance. I have no author problems in Dubai. Can you help me? What is the reason? Questions & Answers
UAE
Travel ban for credit card dues without filing a case
Q: I have a card balance of AED 40k. One legal firm asked me on behalf of the bank to pay this before 24th or they will file a case. They said they already put a travel ban. Is the travel ban possible without a case being registered? Appreciate your advice Questions & Answers
UAE
The requirement of Emirati shareholding in an LLC Company
Q: Dear Miss Raluca Gatina, We are planning to set up an LLC in Abu Dhabi. The new company shall have four Saudi nationals as shareholders - together holding 85% shares and a UAE citizen - holding the remaining 15%. We were told by some friends in the UAE that it is mandatory for an LLC to have an Emirati citizen or a legal entity as a majority shareholder holding not less than 51% of the shares. This requirement is for licensing and company registration purpose only while we could have a side agreement as shareholders reflecting the actual shareholding structure. I will be grateful for your advice. Kind regards, P. W. Questions & Answers
UAE
Execution file of a labour case against absconding employer
Q: I made a complaint against my company for a pending salary and cancellation of my employment visa through the labour office. Now, the case is in the labour court, but the company owner left the country. How do I get the salary without the company owner? Questions & Answers
UAE
Apprehension of ban for leaving the UAE without proper cancellation
Q: Dear Sir, I have come on vacation on Jan 2010 from Dubai and didn`t go back to the UAE. Will I be facing any ban entering the UAE? Questions & Answers
UAE
Rent dispute case and settlement of a bounced cheque amount
Q: I have an RDC case from my landlord for bouncing one cheque amount of AED 5600. How can I solve this issue and is there any way to settle it in instalments? Questions & Answers
UAE
Retrospective change in the HR policy regarding gratuity
Q: Hi, I need advice on an HR related matter: 1. I joined the company on 19th Nov. 2014. That time, the company’s Internal HR manual says the gratuity is applicable to all employees post completion of 1 year of service. 2. In January 2018, the company changed the HR Manual. The point regarding gratuity has been changed from 1-year applicability to 5 years. 3. The issue is that they applied the new HR policy retrospectively and not prospectively. They are applying the new gratuity provisions on all employees even if they joined before the implementation of the new HR Policy. 4. Query: a. Strictly on Legal terms, can any change in HR policy be applied retrospectively? b. Am I right in asking that the benefits to be applied should be based on older HR Policy (which is applicable at the time of my joining i.e., Nov 2014), rather than the New HR Policy which is implemented in Jan 2018? I would also like to have the written/official response from you on this on letterhead. Please advise on charges. Questions & Answers
UAE
حق الزوجة برفع دعوى طلاق للضرر
س: السلام عليكم، أنا متزوجة من أربع شهور. إلى الآن ولا مرة صارت بيننا علاقة، وهو غير قادر. حاولنا لكن لم تنجح العملية. ذهبت وفضيت غشاء البكارة في العيادة بموافقته وعندي دليل على ذلك، وأنا وافقت لكي أساعده وتنجح العملية. لكن حتى بعدما فتحته لم يحصل شيء وأنا مليت وكرهته الصراحة، هل يجوز أن أطلب الطلاق؟ Questions & Answers
UAE