Questions & Answers - Legal Advice Middle East

Claiming unpaid labor entitlements at the end of employment contract

Q: Dear Sir, My contract finishes on 16 Jan 2019. I gave resignation in December before one month, but still, the company did not give me ticket and gratuity. I have too many problems. Please help me. What will I do?

Responding to divorce proceedings and seeking settlement by the wife

Q: Hello Ma`am, My friend is living in Dubai with her husband and they are married for 11 years now. Both are Indian Hindus married in India. The husband wants to divorce my friend. She is financially fully dependent. The husband has filed for divorce in Dubai and they are called for first guidance meeting. The reason for divorce is nothing but incompatibility issues. The husband feels that the wife is not smart and educated enough as per his standards and since a long time is finding a reason to get part ways with her. He has been trying since long that she just leaves on her own and he would not have to do anything for her. When nothing else worked, he took this step. She is very naive. He wants her to sign the paper in the guidance office. The most important thing is that she has nowhere to go if this divorce happens. They have no kids. However, the way he is keeping her now and all these years, she is just happy to stay that way only and does not want to part ways with him. How can she avoid this divorce from happening?

Withdrawing a divorce application filed by the husband

Q: My husband wants to give me a divorce, but I want to live with my husband. I live in dubai.

Misrepresentation in a criminal case filed by the bank

Q: My husband was arrested at the airport because of a wrongful case filed by a bank in the UAE against my husband`s company instead of the actual loan defaulter. My husband was held at the airport and was not allowed to travel that night. They released my husband that night after the intervention of his sponsor. But the passport was held as security. He had to visit the police station on the next working day to prove his innocence and reclaim his passport. We want to sue this bank. How should we proceed?

Holding profits for inherited shares of the father in a company

Q: Hi Hari My name is Ahmed A., I reside in Canada with my family. 8 years ago, my father passed away in Dubai. He has an Auto garage with shares with a local partner and my two uncles, with my father and the local partner having the majority of share at 24% and 51%. Soon after my dad passed away, we got our inheritance papers made at Dubai Courts. It`s been 8 years since we got even a penny from my uncles. Now, they are pushing us to sell our shares below the market value. They are being very hostile towards us, threatening us if we do not sell, they can have the trade license terminated. I am a Chef here in Kingston, Ontario. It is very hard for me to drop everything and chase matters in Dubai. Please advise if the threats are true and I should sell my shares. If you can email, it will be greatly helpful. Thank you Ahmed A.

Checking a possible case or ban for leaving employer on bad terms

Q: Dear Sir, Good afternoon One of my friends left the UAE (Srilankan national) in 2008 because of fighting with her employer and she wants to come back to Dubai for a visit. She is afraid that maybe she has some case or travel ban. How to check the status? Please advise. Thank you

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Forcing successors to sell inherited company shares

Q: Hi Rajasree, My name is Ahmed A., I reside in Canada with my family. 8 years ago, my father passed away in Dubai. He has an Auto garage with shares with a local partner and my two uncles, with my father and the local partner having the majority of share at 24% and 51%. Soon after my dad passed away, we got our inheritance papers made at Dubai Courts. It`s been 8 years since we got even a penny from my uncles. Now, they are pushing us to sell our shares below the market value. They are being very hostile towards us, threatening us if we do not sell, they can have the trade license terminated. I am a Chef here in Kingston, Ontario. It is very hard for me to drop everything and chase matters in Dubai. Please advise if the threats are true and I should sell my shares. If you can email, it will be greatly helpful. Thank you Ahmed A.

Settlement of credit card debts and jurisdiction

Q: Dear, I would like to ask about my credit card debts with a bank. My cheque was with the Dubai branch and now they are threatening me to present the cheque in Sharjah. So please, let me know what will be the position. How can I be bailed out? How can it be settled? Thanks

Relation of family visa application to the place of residence

Q: Hi Madam, I have applied to my family visa application yesterday. Today I received a mail from MOL stating that you have to modify the application with the Abu Dhabi tenancy contract. Currently, I`m staying and working in Dubai but my visa is issued from Abu Dhabi. I have submitted my Dubai tenancy contract for family visa application. Please advise me how I can move forward with the visa process. Regards Hashim

الادعاء بالسب والقذف والتشهير افتراءاً

س: السلام عليكم قدمت طليقتي شكوى تتهمني أنني أرسلت لها رسائل على الواتساب تتضمن سب وتشهير ومس بشرفها (وهذا لم يحدث أبداً وقطعاً)، واستندت في أدلتها على صور سكرين شوت من الحالة الخاصة بي على الواتساب التي فقط أعبر فيها عن حالتي النفسية وليس فيها ذكر آلامها ولا أي تنويه يدل على أنني أقصدها. إلا أنها قدمت هذه الصور على أنها رسائل مني لها وواضح لكل من يراها أنها ليست رسائل لا لها ولا لأي أحد. إنها تقصد من وراء ذلك الحصول على تعويض مالي بعد أن فشلت محاولاتها السابقه أمام القضاء في الحصول على أموال بغير وجه حق، وقد رد القضاة ادعاءاتها. أرجوا إفادتي حول هذا الموضوع رجاءً، وهل الحالة تعتبر رسائل موجهة مباشرة (المقصود الحالة)؟

The procedure of ending a limited employment contract and notice period

Q: Good day I would like to know what`s the law when I am cancelling my limited contract which is already 1 and a half year completed. Is there any notice period?

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The penalty of breaking tenancy contract before expiry

Q: Hi, I am a tenant and my agreement ends on 30/8/2019, but due to unavoidable circumstances, I need to terminate the contract early on 30/4/2019. The exit clause states: 1. The penalty for breaking the contract is 2 months` rent 2. The tenant should inform the owner 2 months before vacating the unit otherwise the tenant has to pay 2 months` rent as a penalty. Already given the owner the notice on 10/2/2019, but he is still claiming the 2 months` rent penalty. Please clarify how many penalties are in play here. Thanks Didi

Repercussions of leaving work before the notice period ends

Q: Dear Sir, I am working as a general electrical engineer under an unlimited contract with 3 months notice period. My visa is going to expire on the 04th of March 2019 and I don`t want to renew as I got a good offer from some other company. Do I still need to serve three months or is there any legal way to come out? Also, please confirm how much maximum time my company can hold me without renewing my visa.

Resigning during probation period under limited contract

Q: Good evening, My husband and I resigned from our company 3 days ago. We are still under probation, with a limited visa here in Ras al Khaimah. But we received a message early morning about a complaint from the labour under our company name, which we didn`t send yet our resignation paper. They are asking us to pay 45 days of our basic salary and a ban of 1 year. Do we need to pay them?

Filing commercial cases for the recovery of unpaid invoices

Q: Hi! This is M. M., from [------] Ltd. India. We had exported 2 containers of onion to a buyer in Dubai in November 2018, with payment terms 50% against BL and balance upon delivery. As on today, the buyer is failed to make the payment. Kindly advise us how u can help us to recover the outstanding & what will be your charges for the legal proceeding. With thanks, I expect your early response. Best regards, M. M.

The consequences of defaulting on credit card payments

Q: Dear Ma`am, I have a credit card from a finance company and last 10 months I didn`t pay. Now, the balance showing above 110,000 and they are sending messages that they will submit my security cheque. If they submit the cheque, what are the procedures and how much I need to pay?