Questions & Answers - Legal Advice Middle East

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?

Checking status for travel ban or blacklist in the UAE

Q: Hi I had credit card debt in Dubai in 2004. Now I need to travel to Dubai on a work basis. Can you check if I have a travel ban? I do not have my residence visa copy, however, I have my old passport details. I do not have my Emirates ID copy also. Will you be able to find out with the passport copy?

Defaulting on credit card payments and the possible penalty

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 and how I can be bailed out. Thanks

Legal status in case of getting pregnant before marriage

Q: Good day, Mr Naser, I want to inquire regarding Article 91 of Law 28 of 2005. I got pregnant in November 2018 and immediately got married last December 2018. Am I allowed to give birth here in the UAE without getting any problem or court case? My due date is in August 2019. Appreciate your kind advice.

Compensation for the decreased area of property on delivery

Q: Dear Sir, For my apartment, I had paid for 943 Sqf and at the time of delivery, the developer is giving me space which is 6.16% less. As per the DLD law, the developer has to compensate me but the developer is compensating for only 1.16% and stating that according to Law, the calculation in the decreased area will be based on the area above the 5% only. Resolution of the Executive Council No. (6) of 2010 Approving the Regulation of Law No. (13) of 2008 Concerning Regulating the Initial Real Estate Register in the Emirate of Dubai - Article 13 – paragraphs 3 and 4 states that: “3- The developer shall compensate the purchaser for any change if the net area decreased to more than (5%) of the unit net area. 4- The compensation due to the purchaser will be calculated, if the decrease in the net area exceeding the percentage stipulated in paragraph (3) hereof, on the basis of the value of the real estate unit..." Need your advice. Will the developer compensate for 6.16% or only 1.16%?

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إلغاء الاتفاق واسترداد المبالغ المدفوعة لشقة قيد الإنشاء

س: أود الاستفسار عن رسوم مقاضاة مطور عقاري اشتريت منه وحدتين عقاريتين. تم دفع 30% من قيمة العقار + جميع رسوم دائرة الأراضي والأملاك ولكن منذ 7 أشهر يماطل المطور في تسليمي العقد. ولا أعتقد بأن المبالغ المدفوعة تم إيداعها في حساب الضمان. أيضاً، المشروع متأخر والثاني لم يبدأ بعد مع أنه من خلال نموذج الحجز مذكور بأن عمليات الإنشاء بدأت والتسليم في ديسمبر 2019. أريد رفع دعوى لفسخ العقد وإرجاع جميع المبالغ المدفوعة. هل الدعوى مضمونة؟ لا أريد تضييع الوقت في تقديم شكاوى لدائرة الأراضي والأملاك. وأنا من إمارة أخرى وليس لي الوقت للذهاب إلى دبي للشكوى ومراجعتهم. أريد توكيل محامي مختص للانتهاء من الأمر.

إنهاء اتفاقية شراء عقار للتأخر بتسليم العقود والعقار

Release letter from the bank and procedures of case withdrawal

Q: Hi, Good morning, I`m on bail now for a bounced cheque and I have an appeal hearing on the 18th of this month. I made a payment arrangement with the bank and they already made a release letter. I just want to know if on the appeal hearing the judge will drop the case or there is a possibility to have a sentence on this case. By the way, they are holding my passport. Will I get the passport the same day if the case is dropped off?

The effect of non-competition on working for another employer

Q: I am a doctor on a limited contract in Abu Dhabi for 18 months. The hospital has mentioned in the contract a possibility of 2 years` ban for the reason of conflict of interest if I leave them any time (Art.127 under labour law no. 8 of 1980). I got a better job. Can they impose this ban or not? Also, they mentioned 3 months` notice in the contract. Does this apply or it can be 1 month only? Please advise. Thanks

Leaving job during probation period and its consequences

Q: Hi Sir, I work for a company in Dubai, and it`s been three months now. But I do not like it here and I want to go back home. What am I supposed to do now? Please advise.

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Acting against employer for denying the end of service benefits

Q: Dear Sir/Madam I have been working with a company in Dubai for 4 years and 9 months under an unlimited contract. I have been offered a job in Pakistan and my joining date there is the 5th of March. I have given my resignation to my current employer and it was accepted via email. My notice period ends on the 28th of Feb. I have been given an indication through internal sources within the company that the company is looking not to pay my final dues and delaying it will force me to just get the visa cancelled and leave. I am in need of some advice in this situation. Can I file a case before the 28th of Feb and leave the country to join my other employer and hope in my absence the case will be resolved by the labour court? Would appreciate a reply.

Getting refund for a purchased property after cancellation of project

Q: Hi I bought a property in 2007 at [------] residence by [------] group. It was cancelled on the RERA website. I wanted to know if I can get a settlement and where can I get an update on the cancelled project. Thanks and regards Blossom

How to guarantee delivery after payment in an online purchase

Q: I ordered a parrot from Petersburg, America, and I`m from the United Arab Emirates. She sent me a shipment number and a contract but she wants me to pay to start the shipment, so should I?

Criminal complaint against an employee for cheating

Q: I am asking on behalf company. We had an employee who was the director of operations. He introduced a lady to our company that she will get us a big project and we need to pay her AED 250000 as a consultation fee. We were hesitant, but as he said he was confident we trusted him and agreed finally. The lady took our money and absconded to India. We went through India and filed a police case there and ever since this issue happened the director of operations wanted to somehow move out of the company and showed disinterest in work. Finally, he wants us to cancel his visa and says he will not help us recover or even help us with the police case. Now we doubt if he has got a benefit out of this deal as he is forcing us to cancel his visa. Kindly help us if we can file a police complaint against him.

Application of the labour ban for resigning during probation

Q: Dear Sir, Good day! I am working in an LLC company under a telecom company and I am under probation for 3 months. I started newly, 1 month now in my probation and I have an unlimited contract. But in my contract, I have only a 1-year contract period, I just want to know if I resign early due to my personal matters where my brother got jailed now in police authority. Does my company have the right to impose on me a ban and recover all the expenses they had processed on my visa? Thank you in advance for the feedback.