Questions & Answers - Legal Advice Middle East

Closing company and clearing liabilities and visas of partners

Q: Hi. Kindly advise regarding: (1) Closing a professional civil company (management consultancy) in Dubai with 4 partners + 1 local agent. There are 4 partners (all family members) who are out of the UAE. 2 partners have investor visas & 2 have partner visas. 3 visas have expired during July-Sept 18 and 1 Investor visa expiring 17/11 as being out of the country for 6 months+. Online at www.gdrfa.ae on logging in, the 3 expired visas are showing `Inactive`. Does it mean visas are automatically cancelled & they can come on visit OR visas have to be physically cancelled at the immigration dept? The company has no assets/liability. We want to close the company. The company`s labour est card is already cancelled. (2) Effect of a partner`s personal credit cards` liability on the company as a he is a partner. In the above company, 2 partners have credit card dues. Is there an impact on 2 aged partners coming back to the UAE if the banks file cases & secure order on attaching the defaulting partners share in above company? (There is no business/assets). Can the 2 partners be harassed in UAE?

Procedure of running an e-commerce business in the UAE

Q: Hello. I’m seeking advice on the legal implications of running an online pharmacy based entirely offshore (financially and procedurally) and selling only one FDA-approved product to the UK and EU, but with my residency remaining in the UAE.

Time frame for paying EOSB and visa cancellation

Q: How long must we wait for our End Of Service Benefits and cancelling of visa, and for the company to issue the flight ticket home? We received letters of 30 days` notice of termination of the contract. The contract ended on 18 October 2018. The company let us sign a letter of unpaid leave in case more work is received. We requested to leave the UAE. We are still waiting for our EOSB on unpaid days. We have company accommodation but no monies for living expenses. What must we do?

Settlement with the bank and default in payment

Q: Hi, I have 3 credit cards with a total limit of AED 23100. Last year, because of some issues at the job, I wasn`t able to manage properly. I applied for a settlement option and they asked for an amount of AED 23500 with 6 instalments. I managed my four instalments in proper time. But after that, I wasn`t able to manage the payments. Now, they`re asking for the entire money with interest. Please advise about the solution to solve this.

Notice for non-renewal of the lease contract by the tenant

Q: Dear lawyer, I have a tenancy contract for one year in Dubai, ending on 25 November 2018. On the 8th of October, the landlord sent me a lease renewal, with some parts of the contract modified and contains different terms from the previous one. I decided I don`t want to renew the contract; neither with the new nor old conditions. On the 1st of November, I notified the landlord that I will vacate on the current contract end date 25 Nov. He replied that I needed to notify him 90 days prior to the expiry date and I didn`t, and now he is entitled to reimbursement and asks for 2 months` rent as a compensation. Our contract says only "Tenant agrees to notify the Landlord in writing 3 months (90 days) prior to the expiry of this Agreement of his intention to renew or not renew the Agreement". However, no financial penalties for breaking the clause of 90 days` notice of non-renewal are mentioned there. Please tell, can he claim from me this 2 months` amount? I will highly appreciate your opinion. Best regards

Release of passport and travelling during a case for visa cancellation

Q: Dear Sir/Madam, I am on an unlimited contract and completed 2.8 years as an accountant in a private company. I gave my resignation on the 7th of September and completed my 30 days` notice period. Then, the company refused to cancel my visa and I went to labour for cancellation. They transferred the case to the court. First hearing was held on the 4th of November 2018, and then the court extended the case to the 9th of December. I would like to know, is it possible to release my passport from my employer as they are holding my passport? Also, is it possible to go back to my home county for an emergency if there is a labour case aganist my company? Thanks and regards Rahul Nair

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Irretrievable breakdown of marriage and maintenance

Q: Married in India - 3 years - living in Dubai, now it`s not working out. She has major insecurity issues. My relationship with my sister is also promoted as an affair, in the entire society, friends, family and my workplace. I am not allowed to have female friends. Old friends have been pushed away by saying they should not hang out with me. I haven`t spoken to my old female friends or my sister for 2 years so that she can be ok, however, nothing changed. Now, after 6 months of living in hostility, we then decided to move out. 3 months of living separately. I am still paying for all her expenses including rent, mobile...etc. Asked for separation but she says I`m married to her so I should keep paying for her, and she will never let that go. What are my options?

EOSB calculation in an unlimited contract

Q: Hi I`ve recently resigned from the company I worked at 4 yrs and 9 months. I submitted my resignation on 16th of Oct, and now the company informed me they are going to terminate me for my poor performance. It`s a semi-government company and I`m having 2 months` notice period with last working day on 15 Dec. Contract type- unlimited. Am I entitled to receive my end of service benefits...etc?

Calculation of the EOSB upon termination of employment contract

Q: Hi Rajasree I have worked for a company for 2 years. We have two companies with different names one in Dubai & the other one is in Sharjah. My first visa was in Dubai; after that, there was some financial problem in the Dubai company so they changed my second visa to the Sharjah company. They have given me a gratuity of 21 days of the month, but now they are telling me it is a wrong calculation (1/3 of 21 days). But this case is applicable only if I resigned from the job. I am not resigning, which means the company terminated me and changed to the Sharjah company. Kindly provide some suggestion.

Acquisition of a company with an existing bank loan

Q: Hi! I`m planning to acquire a running business but the existing owner has some bank loan on the company name (which he says he will clear over the period of time). What should I do in the above situation? Please advise.

Acting against an illegal deduction of salary by the employer

Q: An employer portrays the employee to be at fault for a financial loss, stating it is his liability and responsibility, when neither in the contract nor in any written communication this is stated, and when the fault has been with a different department and with the management. Can the employee respond and defend their remuneration from being deducted? Is this considered as grounds for the employee to file a case on the employer misconduct? What might be the approximate timeline for such a case to be resolved? (The employee has written documents that help make their case)

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Claiming temporary maintenance and execution of judgement

Q: Good morning Sir, I have filed an execution for temporary maintenance, the notice sent has been returned. Now, I skipped time to resend notice. Meanwhile, the final judgement has been ordered. How will I get my maintenance? Do I need to take any step or just to wait if he pays or not?

The legal effects of resigning during probation period

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. I am handling the 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? Please answer.

Protecting your interests while taking a business on lease

Q: Hi I am taking a cafeteria for 2 years on lease. The license will be for the owner but I will run and take care of everything for 2 years including profit, salaries...etc. So how will I make the agreement? 1. Shall I go to the court for making the agreement? 2. Shall both of us make an agreement on cafeteria letterhead and sign and stamp? Will this be enough as a proof of lease? 3. Is a power of attorney from the owner to my name needed for running the cafeteria?

التفاوض مع المصرف لإجراء تسوية حول قرض وبطاقات ائتمانية

س: السلام عليكم ورحمة الله وبركاته لوسمحت، أنا أخذت سيارة مستعملة عن طريق شركة للتمويل وكريدت كارت مبلغ ٥٠٠٠ آلاف درهم. وشاءت الظروف ولم أستطع دفع الثلاثة أشهر الأخيرة للسيارة والكريدت، فقامت شركة التمويل بحجز السيارة وبيعها بدون علمي وقامت بتقديم شيك الضمان إلى الشرطة ووضعوا المبلغ ٥٥٠٠٠ درهم. وعند سفري توقفت وتحولت إلى شرطة دبي وحكموا علي بمبلغ ٥٠٠٠ آلاف درهم فدفعتهم. واليوم بعد مضي ٦ أشهر اتصلو بي لتحصيل الديون وهددوني إذا لم أدفع ١٠٠٠٠٠ ألف، سوف يرفعون علي قضية مدنية. أرجوكم، هل يوجد حل؟

الدعوى المدنية أمام المحكمة لاسترجاع المبالغ المقترضة

س: السلام عليكم أنا سلفت شخص مبلغ وقدره 60000 درهم وأعطاني شيكات (عدد 2) كل شيك قيمته 30000 درهم. ولكنه لم يرد المبلغ فقمت بفتح بلاغ، وعندما راجعت مركز الشرطة أخبروني بأن أراجع المحكمة. السؤال لو تفضلت، هل من الممكن أن أحصل فلوسي وما هي الطريقة؟