Questions & Answers - Legal Advice Middle East

Suing an employer for unpaid loan taken on the name of employee

Q: Salam, I was working in Dubai and I needed a 50k loan from the company. My boss told me to do him a favour and take a 700000 loan from the bank then take 50k. I said how. He planned everything and deposited 30k salary on my account and verify from HR and accounts. The bank agent gave me the loan he paid instalments almost for one year and then he terminated me and said don`t worry we will pay your loan. After I came back to Pakistan, they are paying but after 3-4 months like that, the recovery company calls me in Pakistan daily. what can I do? If I come to Dubai and make a case on my boss, will the bank help me or I have to hire lawyer?

Procedure and requirements to lodge a labor complaint

Q: Hi sir, I want to submit my complaint to the labour court, please guide me.

Claim of compensation from employee for resigning in a limited contract

Q: Dear Sir, Hope you`re doing well. Subject: Legal consequences of resignation in a limited labour contract My neighbour brother earlier went to Dubai for packing work in a hotel for 2 months. And due to the condition of work & not getting a proper salary, he decided to resign. When he intimated the same to the employer they said he should pay before leaving AED 4500 & his own ticket. He is from a very poor background that`s why he came for AED 900 salary. But now he got actually 750 only without food. Need your kind support to help him to come back to India.

Recovery claim of a bounced cheque from a client

Q: I received bad/bounced cheques from a client in the amount of AED108000 and need to have a civil lawsuit to claim this amount.

Absconding case by the employer after termination

Q: Dear Madam Reputed con company terminated me giving a 1-month notice period. After the notice period, the company cannot cancel my Dubai visa due to a travel ban and criminal case. The company now asks me to clear the case immediately, otherwise, they will notify me as absconding. Is it possible by the company to notify absconding, and still I have regular contact with the company?

Holding the final payments for provided services due to a mistake

Q: While closing the contract and final payments are overdue, the client is claiming that they will not release such overdue payment because of a mistake that my technician did during his performance of activity which falls under our scope of work. This mistake had cost the client around 100k AED as fine from ADDC plus another 100k AED against modification of the work done by the client after the mistake happened to comply with ADDC requirement. Does my client have the right to do so, knowing that there is no limit of liability clause in our contract but our contract is under the UAE law? Please advise.

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Suing the employer for failing to issue visa and pay salary

Q: I got an offer letter from an employer in November. I signed the offer letter and sent my signed acceptance back to the employer. I resigned from my previous company and joined this new company officially on the 26th of December. They told me they are processing my visa and every day they tell me the same thing. I go to the office every day, but yesterday they told me they cannot process my visa. I requested them to give me some money as I am coming to their office every day since the 26th of December. They refused to pay as well. Please advise me, is there any legal remedy available in my circumstances?

Leaving the UAE without the cancellation stamp on employment visa

Q: I was working on an employment visa in Sharjah, however, the employer had cancelled my visa and after the completion of the notice period, I came back to my country. Now, I want to come to the UAE on a visit visa. However, upon final exit immigration officer didn’t stamp ‘Cancelled’ on my employment visa. Though I have proper cancellation papers with me. Kindly advise me how to enter the UAE on a new visit visa. Is it compulsory to have the Cancelled stamp on the previous employment visa which is valid until next year?

Claiming pending salaries from the employer after resignation

Q: Hello, I`ve worked for an employer in Dubai for one year. I resigned before the end of the contract so the contract won`t be renewed. My employer held a worth of 4 months salary and didn`t pay to me till date. The employer wasn`t my sponsor but we have a signed contract and an email conversation where he promised to pay but he didn`t. What can we do? The owners are a Canadian and a Saudi and the company is in DMCC.

Claiming the salary and entitlements for termination during probation

Q: I moved to Dubai in August 2018 and I am sponsored by my wife. I started working for a company in October 2018 until they terminated me in January 2019. The company is a joint venture between a DWC company and a Sharjah free zone company. I have an employment contract which states it abides by the UAE labour law and free zone labour law. The company advised me that I did not require a work permit/visa. Since my employment was terminated on 17th January 2019, I have not received my final salary as well as other monies owed. MoHRE and JAFZA have not been able to help. What action can I take to get my money? Many thanks.

Enforcement of a Non-disclosure Agreement in the UAE

Q: Hi Can an NDA which is signed in Singapore be enforced in the UAE? The company I worked for is UAE based but worked for them in Singapore for 5 years.

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The consequences of resignation in a limited labour contract

Q: Dear Sir, I hope you are doing well. My neighbour brother went earlier to Dubai for packing work in a hotel for 2 months. Due to the condition of work & not getting a proper salary, he decided to resign from his job. When he intimated the same to the employer they said he should pay AED 4500 before leaving & his own ticket. He is from a very poor background that`s why he came for AED 900 salary. But he gets actually 750 only without food. Need your kind support to help him to come back to India.

Arbitrary dismissal and compensation under the UAE Labor Law

Q: Dear Madam, My name is R. S. working as a facilities maintenance supervisor in Shariah, UAE. My employer terminated my unlimited contract with one-month notice period (Arbitrary Dismissal) and provided me with all benefits with notice period payment of one-month full salary. I requested the company to pay compensation salary for an additional 3 months with my yearly bonus of 1.5 months salary. The company did not agree and I filed a formal complaint at MOL online, but the mater is not solved yet and MOL transferred my case to the court. Kindly advise what is the actual benefits I have to get as per the UAE employment labour law. Still, I am requesting at least to pay compensation of 2 months` salary and they are not ready to pay. Is it advisable to solve my issue at the court? If not, please advise what is my right and further step.

Claiming the unpaid price of items delivered to the client

Q: Dear Sir, Would like to know how I can deal with the following situation. I am the MD of a granite exporting firm in Andra Pradesh, India. In Sep 2018 I had delivered two containers of granite to a company in Ras Al Khaimah. The understanding was AED 10K on the delivery of container and the remaining 35K within 3 months as PDC. However, the client gave only 5K as cash on delivery and so far has been giving various excuses (in between around 45 days he was in India). The PDC date was in Dec 2018. My company is not registered in the UAE and we have delivered the container on CNF. The cheque issued is on my name and is from the client`s company. I need to know what I should do to recover the money. I have a residence visa in the UAE. Thanks Sajan

The procedure of appointing an expert by Dubai Courts

Q: What is the procedure for the appointment of an expert by Dubai Courts?

Claiming security deposit from landlord after handover

Q: Ex-landlord in Abu Dhabi Khalifa City isn`t willing to return full payment that I paid as a security deposit. He claims that 1k will be deducted because I left the carpet and removed the lights whereas the lights were all mine and he communicated in a very ill-mannered way. Kindly assist me with this. Thank you