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Questions & Answers
UAE
The commencement date of a limited labour contract to be considered
Q: Sir, I am on a limited contract working for a company in Dubai. I have a problem getting the exact date of my contract completion. I want to know from which date the contract period starts. It is mentioned in my visa 22/03/17 and ending on 21/03/19. But in my signed contract paper it is mentioned as "it is on wednesday corresponding to 08/02/2017 in the UAE." I would like to know the ending date. Also, do I have to serve for another month after this period if the company makes me do? Questions & Answers
UAE
Arbitrary dismissal and basis for the calculation of gratuity
Q: Good afternoon, I have been working in a private firm for the last 13 years in an unlimited contract. Now, I have been terminated as per their part of downsizing. My notice period would complete by the end of April. Since 2006, I`m working in the same company, starting my salary was 3500 and my basic was 2500 then upon increments they added all the increments in others category. They never changed the basic from 2500 and now my salary is 12000. In 2017, they forced me to change my visa from the branch to head office license due to the branch license closure, and that time, they needed to change my basic as per my salary so they put 7500 as my basic. During that of renewal, I signed a new employment contract mentioning the new basic, I have the document with me as well. My question is, am I eligible for 3 months` salary and whether these 3 months include the notice period or apart from that is 3 months? Will my gratuity be calculated based on the new basic or old basic salary? Thank you. Questions & Answers
UAE
Leaving the UAE with a valid work visa and not coming back
Q: Please do guide me. My brother went on vacation for the last two weeks. Unfortunately, he will not be coming back to the UAE for some family matter. But still, his contract was just renewed and he has 2 months salary advance (AED 6,000/-). Questions & Answers
UAE
Duration of a labour case for the non-payment of salaries
Q: Asalamu Alaikum. I filed a case on my company in Tasheel Ras Al Khor. My company didn`t give me the first two months` salary and they set me in a room, then I filed a case. I claim a total amount of AED 14000 with a settlement and everything. I want to know how much time it will take my complete case. Please tell me. There are 7 months remaining in my visa, and I filed a case in Dubai Court on 25 February 2019. Questions & Answers
UAE
Recovery of dues from a company refusing to pay for provided services
Q: If company A has provided services to company B and company B is not paying for the services, can company A send company B a legal notice? If company B still does not pay, can company A file a police or civil case against company B? 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