Questions & Answers - Legal Advice Middle East

Employment fraud and working just for a visit visa period

Q: Dear Sir/Ma`am This is Muhammad Usama Ali with you. Actually, I`m from Pakistan and I was interested in working in Dubai. Meanwhile, my contact was with a person who used to say that I am the owner of the company in Dubai. At that time, that person needed staff for his company and I also wanted a good job. Meanwhile, he talked about my job and told me that he will get some money from me for the visa. So I asked him how much money I have to pay for the visa. He told me all the money. And then I asked him about the post and he said to me we hire you for a job of a purchaser. I agreed to this post and he told me that you have to pay visa money in advance. The money he invited me to his Pakistani friend`s account. I sent the full amount to the account listed and given by him in Pakistan. Instead of giving me a work permit he gave me a visit visa. I worked for him for one & half month and my visit visa was also for one month and my visa period has expired.

Holding visa cancellation and EOSB after termination

Q: I have an expired DMCC free zone visa and my company terminated me, how I can cancel my visa? Note that the company have no serious response in the subject.

Threatening with an embezzlement case for claiming labour dues

Q: I was working in a company for the past 2 years. I was given the duty of processing visas for the staff and labours and also for licensing the company. So they used to issue payments to me. Due to doing the work through agents, very few receipts were submitted. But I kept a record of all the payments made and reported the same to the company on a day-to-day basis. Now, they have terminated my services and when I submitted my settlement dues, they said they need to do auditing for doubts of embezzlement, only after that they will pay my dues. Also, I heard from my colleague that they want to put a case against me so as to not pay me any money. The termination letter was served to me and mentioned no need for a notice period of 30 days. To win the case they will go to any extent and they are rich too. I have no records to prove my innocence. What should I do? I didn`t lodge any complaint yet in the labour court.

Possibility of resigning and returning to home country upon visa expiry

Q: My visa is expiring in a few days. Can I resign now and go back to my country? Or do I have to renew my visa and then resign?

Enforcement of contracts and scope of non-disclosure agreements

Q: How do the laws of the UAE affect an NDA with one company in California, USA and the second party based in the UAE? Does the UAE have proper enforcement for the parties to ensure proper guidelines? Please advise.

The legal action following criminal cases for a bounced cheque

Q: I had given an amount of AED 250K to a finance person in Dubai. I never received a profit. I went to the police and registered a case. I only deposited the first cheque of 150K. Lately, I found out that the person came out of the court after paying a fine. I don`t know what to do as I have not received anything and still have a 100K cheque with me.

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Termination of limited contract and non-payment of entitlements

Q: My company terminated me after 11 months (limited contract). In the offer letter, salary is 2000+1000 (allowance)=3000/month. In the employment contract, salary is 1000+800(allowance) =1800/months. Now, I put a case on my company because they did not give my 2 months` pending salary and commutations. My company said we paid more salary as per the employment contract, so if you go to court you will pay an extra salary to the company back. When I was in India, they sent me only the last page of the contract to sign, still, they did not give me any contract copy. So I don`t know about this salary difference. Now In the court, they will tell I`ve taken a salary in advance. What do I do? Please help me

Extension of visa till the end of academic year upon termination

Q: Hello Mr Naser, I am on an unlimited term contract that started on April 8th and I have been terminated with a 3-month notice period that ends on December 11th. According to my line manager, my probationary period was already completed. Having not found a new job as yet, I asked the company HR if I could keep the visas for just another month and they flatly declined, stating that according to their policies they cannot. I have given few interviews and been waiting for responses. Since this is the Christmas season where all expatriates mostly leave to their homelands, getting a response during this time is very slim and hence I had asked for the 1-month extension. My family consists of my wife, I and 2 kids who are going to school. Doesn`t the UAE labour law stipulate any regulations for the person that is terminated and have school going kids who are just in their 1st term of the academic year? Please advise if there is anything I can do legally or not. Thank you!

Expat divorce procedures and applicable law in the UAE

Q: Indian couple married under Hindu Marriage Act, living in Dubai, seek divorce in the UAE.

Claiming EOSB after termination and wrongful absconding case

Q: I have been working for an employer for more than 14 years. Now, they have terminated me, and the notice period has completed. Due to harassment, I left to India and the next day emailed them that I have left. They are not willing to pay my settlement and dues. Instead, they sent me an email that they are filing a case against me for absconding and not being present there for auditing. I am sure to win the case they will play dirty games.

Liquidation of a company for maneuvering of the managing partner

Q: My name is W. S., I am a partner in a hospitality services company with 33% in Dubai. By delaying the operation, The managing partner is exhausting the capital of the company and driving the company to bankruptcy aiming to take it for himself. I sent him a timely legal notice to close the company and he did not react. I would like to know the cost of placing a lawsuit for “liquidation, compensation and refund of the paid amount in the company capital plus the interest“ against him along with the lawyer professional fees for this matter. I would like to be connected with a lawyer who is experienced in similar cases and who can handle this case.

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Unlawful demand of fees post resignation during probation

Q: Hi dear, I have worked for a free zone company for almost 3 months and now that I have resigned, they are putting pressure on me that I must pay the recruitment fees before they cancel my visa. What to do, please???

Legal investigation and representation of an arrested person

Q: Dear Sirs, I am writing to ask for your kind advice and assistance to help our brother, Artur Ligeska, a Polish citizen who is detained in prison in Al Sadr. He is terminated since October in terrific conditions and he does not even know what are the accusations. He has been already twice in a court, however, the given public defender has never appeared. What is more, the case was in Arabic without an interpreter. Artur was given some documents to write under pressure without translations. Polish Embassy in the UAE, as well as Polish Ministry of Foreign Affairs, has already risen questions to the legal authority to get an access to case files and find out why is he terminated, however without any results. Could you please investigate the case and help our brother to get out of this prison. We are looking forward to your answer. With regards Mariusz Ligeska

Appeal against a labour court judgement

Q: I had employed 4 employees who wrongfully filed a case against me in the court for unpaid salaries and gratuities. Due to my negligence, the court has rewarded each of them a certain amount of money. Is it possible to appeal these cases as I have a proof which can be used effectively if given another chance?

Lifting a labour ban applied for resigning during probation

Q: Hello, I am Digith Edachana, I was working in the UAE (Fujairah). When I was getting the visa, I joined another company in Oman. I had resigned from the Fujairah company, but the visa was not cancelled. My plan was to go back to Fujairah after joining in Oman, to proceed with the visa cancellation and job settlement. But when Fujairah people came to know that I joined in Oman, they put a travel ban on me. Is it possible to revoke the ban, as I have to travel to the UAE to meet customers? Please reply. Thank you, Digith Edachana

Termination of sale and purchase agreement for breach by developer

Q: I am in a situation where I have purchased a property and paid Oqood and DLD last year Feb 2017. The agreement was supposed to be ready by the 2nd quarter of 2018. However, without communicating the developer says it will be ready by the 2nd quarter of 2019. I found this is on his site. I have paid 30% of my payment by Feb 2018, and now a situation like job issues are going on. I need to cancel my unit. What are the options? please let me know. I think after December, my contract is not going to be renewed. So I`m in a big problem. Please help me