Questions & Answers - Legal Advice Middle East

Getting information about a person arrested in Dubai

Q: A relative of mine has been arrested in Dubai. We reside in Pakistan and we don`t know where he is or what crime he has been charged with. How can we find out more details of the case or contact him?

Is it possible for the employee to travel while a labour case is pending?

Q: If there is a pending case filed by the employee against the company, is it possible to travel while the case is ongoing? The passport is with the employee in this case.

Filing civil case to recover security cheque for unjust enrichment

Q: I have signed a contract with a contractor to carry out AC works where the owner of the company has paid me cash with a payment voucher and he asked to provide a security deposit cheque. My scope of work was supposed to be finished in 45 days but delayed due to civil works for more than 4 months, in the interim we have continued to work and finished the works and started the equipment. Our final bill is linked with authority approvals which cannot be accomplished without civil works. I have asked the contractor to pay the VAT and amount for variation which he failed to do so. After 4 months the contractor called to resume the works where I have rejected as he failed to fulfil the contractual obligations. I`ve written a letter to the owner that I will take legal action if he misuses the cheque. The owner deposited my security cheque and filed a case. If I file a civil case against the owner, am I entitled to get losses incurred due to damaging my relation with the bank and other legal expenses?

Labour ban for termination during the probation period

Q: If the employer terminates the unlimited contract under the probation period, do you think there will be an automatic ban or the employer can ban the employee?

Termination during probation and possibility of a labour ban

Q: I joined a company in Abu Dhabi three months before. Due to some quota issues, they gave me a messenger visa on my passport. Now, they don`t have a project and want me to search for another job or they will cancel my visa. My contract is limited-term and my visa is a messenger. Question is if they cancel my visa, will there be a labour ban?

Forceful eviction of the tenant for failing to pay the rent

Q: Hi Sir, I am staying in a shared apartment for the last six months. No tenancy contract. I couldn`t pay the rent for August and September. I have given a cheque dated 3rd October, but the landlord is behind me every day. Today, he changed the key and locked the room. What should I do? He is not listening to me. He is shouting at me.

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Failing to return to office after vacation and its consequences

Q: Hi This is Durga Devi from India. I am working in a concern in Dubai. I came for vacation on May 18, but due to my two-year-old daughter health issue, I was unable to return to office Until Sep. I informed my office and mailed the resignation letter on Sep 5. Now, what is the procedure to cancel my employment visa since I am unable to rejoin?

Possibility of a labour ban in case of resignation during probation

Q: I want to resign from my work and I am still in my probation. My employer has given me an entry ticket expiring on November 2, 2018. I don`t have my working visa stamp and never gone through medical. If I resign, do they have the right to ban me for 6 months or 1 year?

Claiming unpaid salaries from employer without work visa

Q: I overstayed in Dubai just because of my ex-employer negligence, after failing to proceed my visa stamping on my passport. My ex-employer issued only a pink copy visa for me. Although I had informed my ex-employer that time was too short and begged to complete the visa process, but unfortunately, he could not do so. My 10 months` salary is also pending at their side, so I don`t have money to pay off my immigration overstay fine. But in spite of all the hardship, I went to the immigration department at Al Aweer to waive off my fine. I was trying to avail any sort of discount to clear my overstay status, but the immigration department did not listen to my full stance and sent me to the temporary immigration department, and gave me 2 days to arrange AED 20000 as my fine. I said to them I have only AED 10,000 and they refused to take it. Now, my previous company paid the fine. Just let me know if I can come back to Dubai and if there`s any chance to recover my pending salary.

Difference in designation between visa and contract in the UAE

Q: Sir, I`m from India and I got selected for one of the construction companies in the UAE. Actually, I`m a BTech graduate civil engineer. I worked as a civil engineer in India for the past 3.6 years. Now, they gave me an offer letter as a civil foreman, but I`m demanding them to give me the designation of a civil engineer. I`ll accept the visa as a foreman. They are trying to convince me with the foreman only after entering in the UAE. They will give me civil engineer designation only like that agent people are telling. Is there any link between the offer letter and the visa process which I have to sign? Please, help me with this.

Actions against withdrawing a job offer from the employer

Q: Hi, I am T. H. from Pakistan. I am a software engineer by profession and I want legal advice. When I was in Pakistan, I applied for a job in the UAE online. A private company sent me an offer letter after online test and interview. At that time, they wanted to send me a work visa, but at the same time, I already had a visit visa for the UAE. So I explained to them that I already have a visit visa. They advised me to avail the visit visa and come to the office to sign other documents to get ready to change my visa status to employment. I appeared in the office and then they gave me 1 week to search for accommodation near the office. Within 1 week I contacted back and asked them that I am ready to join now, but now they are not giving me any positive answer. All these conversations are by email. What should I do now? Any advice, please?

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Possibility of a labour ban in case of resignation during probation

Q: I am working as a trainee for an LLC company in Dubai since May 13, 2018, but I received my appointment letter as sales coordinator on June 2, 2018. I got my company visa only in Aug 2018. Until August, I was working on my visit visa, since the company asked me to do so. Now, I am under 6 months probation period. My job designation on the visa is Sales Executive even though I was appointed as sales coordinator. I want to quit my job desperately since I am unable to handle the work pressure as I am handling sales coordinator as well as executive job and office jobs at the same time. But I still didn`t finish my probation period. My employment contract is unlimited. So will I get a ban or am I supposed to pay visa expenses to the company if I resign before the completion of my probation period? Will I have to serve notice period if I resign? Also, what will happen if I am terminated?

العقوبة المحددة لجريمة الشيك بدون رصيد

س: هل يتم تقدير مبلغ الغرامة لـِ شيك مرتجع قبل القبض علي المتهم؟

Stopping the payment of a security cheque

Q: Hi. We have issued a security cheque against an order and we have delivered and collected the payment against the order. But now the customer is not ready to give our security cheque without reason. How can we stop the cheque in the bank? Please advise

Is it legal to force unpaid leaves by the employer?

Q: Mr Sharif, Assalam-O-Alaikum, I would like to ask, can the employer ask for/issue a letter to the employee to proceed on long unpaid leaves due to a cost-cut and certain reasons, and ask him/her to join when required? The employer will provide all pending salaries and will provide two-way ticket upon exit and joining. Regards, Riaz

مستحقات العامل في الفصل التعسفي بحجة الأسباب المالية

س: السلام عليكم ورحمة الله، أعمل في شركة في المنطقة الحرة للمطار - دبي في الإمارات العربية المتحدة، منذ 1 فبراير 2014 بوظيفة مدير إقليمي لمنطقة الوطن العربي. اليوم، خلال زيارة عمل في لبنان، وخلال اجتماعي اليوم 7 نوفمبر ببعض العملاء في لبنان الساعة 12 ظهراً، استلمت ايميل من مديري المباشر المدير العام يخبرني فيه بأن الشركة مضطرة لإنهاء خدماتي. وعليه فإنه ينبغي علي أن أكون في إجازة فوراً حتى استكمال رصيد إجازتي (دون ذكر رصيد أيام الإجازة)، على أن تبدأ معاملات نهاية الخدمة في ديسمبر بعد استكمال الإجازة، مما يعني دمج فترة الإنذار مع الإجازة. وذكر في الإيميل أن هذا القرار هو اقتصادي بحت وليس لأي سبب يتعلق بأدائي شخصياً. اتصلت بالمدير وأكد أن السبب اقتصادي ويتعلق بأداء الشركة ككل، مشيداً بما قدمته وبمهنيتي العالية. أرجو العلم بأنني كنت أبلغت المدير في 1 نوفمبرعن رغبتي في الإجازة السنوية (30 يوم) من تاريخ 1 يناير مع إجازة المدارس لأطفالي. ما هو الموقف القانوني بالنسبة لهذا الاجراء، وهل يدخل ضمن الصرف التعسفي؟ وما هي الأسس التي يترتب عليها احتساب المدفوعات شاملة نهاية الخدمة. وشكراً