Questions & Answers - Legal Advice Middle East

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؟

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.

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Salary disbursement during the notice period

Q: If I`m serving the 30 days notice and on the 23rd day the payroll cycle came and all employees received their salaries. Is the employer authorized to suspend the salary till the last working day and include all the amounts in the final settlement?

Suspension of salary upon resignation to the last working day

Q: I am serving the 30 days notice and on the 23rd day, the payroll cycle came and all employees received their salaries. Is the employer authorized to suspend the salary until the last working day and include all the amounts in the final settlement?

Seeking an update on refund of investment in cancelled projects

Q: I am an investor in 3 properties here in Dubai at some project. I would like to know what arrangements have they made to do the refund of the cancelled projects. I am in the UAE for a week. Kindly help me to know the updates.

Notice period for resignation during probation

Q: Hi, I am working in Dubai under an unlimited contract. As per the labour contract, the probation period is 6 months and I resigned from the company in Jan. The notice period is 3 months from both parties but I am not sure if resigning during the probation requires this notice period of 3 months. Please advise if they have any right to hold my salary in case I resign and leave the company.

Criminal case by the employer to contest a labour case

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 submitted my resignation to the company with one month period till 21-02-2019. 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 but they didn`t respond and they are not giving me my passport. 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 copying data from the company system. I visited the police station last week and they recorded my statement. I want to know, can I get my visa cancellation from the labour court in the presence of the criminal case so that I can cover my ongoing loan in the UAE and family liability?

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Procedures for mutual divorce in Dubai

Q: How long will it take to get a divorce in Dubai and what are the charges? My parents have been married for 32 years but they want to get a divorce now. They live with me in the same house but are not together. Also, if adultery is involved will that person be arrested? Also for occasional mental and physical abuse?

Required documents to safeguard your investment in a civil company

Q: Hi Mam, What is the importance of side/investment agreement for a civil company?

Labour complaint for the non-payment of leave entitlements

Q: I am M. A. from Ras al Khaimah. My employer doesn`t give my final settlement and visa cancellation more than the last 3 months I am sitting in my room. Suppose I file a case against my employer for my total settlement of AED 24000, how much is your commission and how long will it take? I need this urgently.

Criminal complaints with regard to cheque dishonor

Q: My friend was detained by police at Dubai airport while coming back from India for a cheque which bounced 3 years back. The person did not give back my friend`s cheques which equalled to around AED 600000 & has registered a complaint now in Ajman. This cheque was given as a guarantee and the drawee was not supposed to present it to the bank. My friend kept asking for his cheques back after the deal was closed but he wouldn`t give. He assured it won`t be presented in the bank. But he presented it & kept silent for more than 3 years & now has registered the case. Now he is detained by the police in Ajman. What is going to happen in his case? How long will he be detained at the police station until the court decides? What will be his penalty? So what I need to know is that can anybody file a case after more than 3 years? How can he apply for bail & does he have to pay for it? Is there a minimum period he has to be in detention before he gets bail? How long will it take for the judgement to be made?

Acting against a possible case for credit card overdues

Q: Hi, I need advice. I have got credit card overdue and the interest has piled up almost double than my limit. This happened due to the late salary payment since Dec 2018. My credit card limit is only 25000 and I need to pay back almost 35000. I will not be able to survive with these liabilities with my salary. Could you please advise me on surrendering myself to the police or court will help?