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UAE

Filing criminal and civil suits for recovering dues of a bounced cheque

Q: What action should I take against an individual who owes me over AED 300k and his cheque has bounced?
Questions & Answers
UAE

Recovery of due amounts for products supplied to a hotel

Q: Dear Sir, We are a manufacturer of hotel supply product which locates in Bangkok, Thailand. We did export to a company in Dubai and allowed them to clear custom already. However, they have not paid to us for a total amount of USD 46,369.16 until now. They are SME Award company and they are a member of Chamber. We asked our Thai Consulate to call them. They still refuse to pay. We would like to hire a collection agency in Dubai, but we worried that if we pay upfront for issuing a legal notice, we still don’t get money. Please advise if we should sue through the chamber or appoint a collection agency. If we appoint a collection agency, how can we make sure that we will get money back after paying an upfront fee?
Questions & Answers
UAE

Forcing more payments after clearing a bounced rental cheque

Q: Assalamu Alaikum Dear Ma`am. I was charged in a cheque bounce case in October 2018, due to a failure of the rent payment through cheque. The cheque amount was AED 14000. I was summoned only once by the court and was given a fixed time to pay the dues and vacate the house. I have paid all the due rent (Approx AED 17000) last week. The real estate agency`s lawyer is not closing my case, forcing to pay first case amount and some overstayed rent. Today he said: you have only one-day time to pay court charges and case fees, and overstayed rent, otherwise tomorrow Baladiya will come and throw you out. Is it possible? Please give me guidance as to when my case will be closed. What is the rule of Baladiya in this case? And is it connected to the renewal of tenancy? Can I renew my Tenancy contract or not? Please, Can you reply to me now? I am worried.
Questions & Answers
UAE

إجراءات الطلاق بين وافدين متزوجين في إمارة دبي

س: أنا مصري الجنسية ومتزوج من مصرية، وكانت إجراءات الزواج بدولة الإمارات وقسيمة الزواج صادرة من محاكم دبي. ماهى إجراءات الطلاق؟ مع الشكر
Questions & Answers
UAE

Liability of an employee for company loans after leaving

Q: I have signed a security cheque for a car loan on behalf of POA General of a company. Now, I have left the company one year ago and the POA is not valid. But recently, the security cheque has bounced and I got a warrant from the court. I am not the partner and I don`t have any relation with the company. Please advise.
Questions & Answers
UAE

Personal liability for the debts of the father

Q: Am I liable for my father’s company debts? My name was not included on the list of shareholders. I held no shares. I am not the manager on the license. I have never signed any cheque or issued any payment on behalf of the company. I have worked in the company for the past 3 months, and have signed internal company documents.
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Questions & Answers
UAE

Termination of a limited term contract without notice

Q: I am working at a clinic since March 2018 and got a limited-period contract 3 Jul 2018 to 2 Jul 2020, and a probation period of 6 months until 2nd Jan 2019. Because of the employer torture, I want to leave the job without intimating. They were asking me to pay the visa charges also. What will be the effect on me and do I have to pay the visa charges or not?
Questions & Answers
UAE

Adultery or affair is a ground for divorce not compensation

Q: My husband email was open on my computer and I found out he is having a relationship with someone else and I even have her whole contact and name information. Can I claim in court against her for ruining my marriage relationship? All the time my husband lies that he works in Abu Dhabi and leaves us alone to spend time with her.
Questions & Answers
UAE

Labour ban and payment of visa costs upon resignation

Q: I am a nurse. My joining date is June 20, 2018, and I will be resigning on Dec 24, 2018 (I gave my 1-month notice last month). My contract is unlimited. The company is asking me to compensate them for the cost of my visa...etc. Is it legal? And is their an automatic ban? Thanks
Questions & Answers
UAE

Checking a travel ban for leaving job without resignation

Q: Hi I have received a visit visa though I had left Dubai without informing my employer years ago. Will there be a problem when entering?
Questions & Answers
UAE

Labour law claims are time barred after one year

Q: I have worked for a company in a senior management role for two years and resigned due to my personal reasons. My resignation was accepted and I was asked to hand over the charge to new management since more than one year ago now. My visa was also cancelled after a few months of my resignation. The new management took the charge and could not manage the business efficiently after my exit, and the business which resulted in the termination of the new management. The company is now blaming me that during my tenure with the company earlier, there was some wrong decision taken which has caused losses to the company. The company now wants to file a legal case against me. I am getting several threatening messages and calls to come back and resolve the old issues, which is causing me mental torture and disturbance in my family. I am not in a position to help the company to recover their irreparable damages now. Please advise what is the UAE labour law for such a situation.
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Questions & Answers
UAE

Procedure and cost of appealing a labour court judgement

Q: What is the process to appeal a decision made in the labour court? And what is the cost included for the lawyer fee? I need to know the court costs. I am the employer. Judgement was made in my absence and I have a proof these employees were paid.
Questions & Answers
UAE

Criminal case on a bounced cheque for pending loan

Q: Over AED 200k or under AED 200k? I am confused as to how my police case will be treated by the police/justice system based on the 200k rule. The bounced cheque was for AED 235,000. However, my outstanding balance with the bank is around AED150,000. The cheque is slightly above 200k yet the outstanding balance is below 200k. Is it safe to assume I`m being treated as though the cheque was under 200k? How do I find out sure? I only received a paper with my photo on it which the policeman asked me to sign. I have no idea what I signed as it is all in Arabic. Secondly, why did the airport police take my passport? I thought the police no longer confiscate passports for loan cases due to the new `smart bail `system. My visa is up for renewal in 1 month. Can I get my passport back from the police (even just temporarily) to renew my visa? If I can`t renew my visa, I can`t work and won`t be able to pay anything. As long as I renew visa and keep my job, I can settle the loan in around 6 months. Thanks
Questions & Answers
UAE

The legal way of changing the local partner in an LLC

Q: I have signed 5 years ago a side agreement when forming a Dubai onshore LLC trading company, and I now realize that there is no termination clause. One clause says that the contract is signed for 10 years and that it will be renewed after 10 years. As a result, the company who provided me with the local sponsor wants to charge me a hefty "penalty" for agreeing to change the sponsor. Besides, they are holding all details (online access codes and password) to deal with the Ministry of Labor. So I have no liberty to change the sponsor unless I pay them a lot of money. I am bound with them because only they can properly cancel my employees` visas if I wanted to recreate a new company. Are such indefinite and abusive side agreements legal? Do I have any recourse to enforce a change of sponsor without paying the "penalty" they are requesting? Thanks
Questions & Answers
UAE

Complaint regarding management of company post termination

Q: I have worked for a company in a senior management role for two years and resigned due to my reasons. My resignation was accepted on 15th November 2017 and I was asked to hand over the charge to new management since more than one year ago now. My visa was also cancelled in August 2018 after a few months of my resignation. The new management took the charge and could not manage the business efficiently after my exit, and the business which resulted in the termination of the new management. The company is now blaming me that during my tenure with the company earlier, there was some wrong decision taken which has caused losses to the company. The company now wants to file a legal case against me. I am getting several threatening messages and calls to come back and resolve the old issues, which is causing me mental torture. I am not in a position to help the company to recover their irreparable damages now. Please advise what is the UAE labour law for such a situation.
Questions & Answers
UAE

The right of claiming child custody by the father

Q: Child custody question. Divorce in Dubai. Minor son is 4 years old. If the father is Muslim and mother is non-Muslim, what are the requirements of the father to get custody of the child? Is the relative who has to stay with father required to be a Muslim? Will a 1-bedroom apartment be sufficient?