Questions & Answers - Legal Advice Middle East

Dealing with the husband appeal against a maintenance order

Q: Hi Sir We are Indian Hindu married for 13 years and have two boys. We lived in Dubai for three years. My husband cancelled my visa, sent us to India and deserted us from July 2017. I came to Dubai and filed for maintenance and the judgement came in my favour, ordering my husband to provide visa, house, school fees, maintenance...etc. Now, my husband filed for an appeal against this. What should I do in defence of the appeal? Will this appeal affect my maintenance? Kindly advise

Resignation during probation for the non-payment of salaries

Q: Hi Sir, I am working as a Mechanical Engineer in a company in the UAE. I joined this company in May 2018 and still within my 6 months` probation period. My last 4 months` salaries are pending and hence I am planning to leave. Is there any need for a notice period or I can leave immediately? Also, are there any other legal consequences for me in future? Please help. Thanks, Nikhil

Legal consequences of a cheque case in a rental matter

Q: My cousin who had taken flats has a criminal case and case filed at the Rental Dispute Centre. The landlord used his guarantee cheques (empty & signed) to file the criminal case. But the amount is huge and not true because part of that has been paid. Since he is overstaying because of this case, he plans to surrender to police and hopefully pay a fine or a short jail term, as he is not able to pay the landlord the amount. Will the amnesty help his situation in reducing the jail term? Is the case filed with Rental Dispute Centre considered a civil case? What if the case has been forwarded to court with a judgement of a 1-year term, will he serve the term or can just pay a fine? By the way, the amount of 2 cheques was more than 200k for each cheque. What should he do to solve this problem? Would really appreciate your prompt response.

Consequences of a pending RDC case and guarantee cheque

Q: Is the case filed at the Rental Dispute Center in Dubai considered a civil case? Will you be banned from travelling if you have a case with the Rental Dispute Center? What if the flat occupied has no contract but has used the guarantee cheque to bounce the cheque and file a criminal case? Thank you for your time and reply

Re-visiting the UAE after resigning without proper cancellation of visa

Q: Hi there, I worked as a teacher in Dubai last year. I was in a two-year contract and completed one year but became sick over the summer and could not return. I wrote a letter of resignation and attached a note from my doctor explaining why I would not be able to return. I told my school to use my summer pay to cover any costs incurred. The school replied and said that my resignation was approved and they did not pay me for the summer, so I assume they used my money to cancel the visa but have no evidence of this. I would like to be sure that I can re-enter the country to visit friends. Can you help me? Kind regards

Claiming labour entitlements from absconding employer

Q: Dears, I have an ongoing case in the labour court for delayed salary & deduction amounting to AED 195K & expecting judgement from the court of first instance in Nov 2nd week. The issue is that our owner is already absconding & he has liquidated company assets but we still have incoming customer payments till mid of Dec which can cover my claim amount. But the problem is in execution, by the time execution file is opened (30 days appeal +15 days notification), they will take all money & even with a favourable verdict, I wouldn`t be getting anything since they are planning to close the company. Can you please guide what can be done in this situation (any possibility of immediate account freeze before/upon judgement by a request to court...etc)?

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Claiming the end of service benefits from the previous employer

Q: I would like to file a complaint against a previous employer who did not pay my end of service gratuity. The employer is based in DMCC, I am planning to get a NOC from DMCC mediation centre and then will file the complaint. Can you please advise on the process to file a complaint and what documents are needed? The case is simple, the employer did not pay the EOS, I simply want to claim it. If the case is simple, do I need a lawyer or can I simply represent myself and have a lawyer prepare the letter to submit the case? Thanks in advance

Re-entering the UAE after leaving without visa cancellation

Q: I left the UAE in 2013. My visa expired in 2014, but I did not cancel it specifically. The visa was issued by the Hamriyah Free Zone, Sharjah. I`ve not been back to the UAE, but I need to go back and I`ve heard there may be complications because I did not cancel my visa properly. To cancel the visa properly (three years late!), is it likely that I will be charged a fine and if so, how much?

Seeking compensation for false allegations and defamation

Q: I am here on a tourist visa. A UAE local who is a sponsor of a company owned by my boss has had a falling out. I am not connected to this business in any way. However, because I am connected with the foreign investor, the local has opened a criminal case against me. The allegations are completely unfounded, however, I am currently awaiting the prosecutor`s verdict. I have a travel ban and my passport is being held by the police. Once found innocent, can I claim defamation of character and claim my losses, holidays missed, lost business in my home country as I have not been able to return and tarnish my reputation?

How to deal with employment scam

Q: Me and my friend are trapped in an employment scam. One Sharjah-based manpower consultancy offered me a fake offer letter and arranged a visit visa and made us come to Sharjah. Totally he collected AED 19200 from us. We are here for more than 50 days. He sends us to some companies which are not relevant to us and claiming he had given the job but we are not accepting. We both lost our money. How can we file a complaint against him?

Repercussions of failing to attend a court hearing for bounced cheque

Q: What happens if you miss a court date for a civil offence of a bounced cheque?

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The grace period for visa cancellation after resigning

Q: Is there a time limit on when a work permit visa has to be cancelled by the employer when an employee resigns if the resigning employee hasn`t started a new job yet?

Legal action against a revoked job offer letter

Q: Hi, I am T. H. from Pakistan. I am a software engineer by profession. 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 have a visit visa for the UAE, so I explained to them that I already have visit visa. They advised me to avail the visit visa and come to the office so to sign other documents to get ready to change my visa status to employment. I appeared in the office and then they gave me some 1 week to get accommodation near the office. Within 1 week I told them that I am ready to join, but now they are not giving me any positive answer. All these conversations are by email. What should I do now? Any advice, please?

Checking status after leaving the UAE without proper company closure

Q: I opened a free zone company in Dubai 11 years ago. There was no trading activity and has been none since. I closed the company remotely as I was unable to travel to Dubai at the time for health reasons and completed forms necessary, had them notarized here in Europe and translated by a registered translator. All documents sent to the agent in Dubai with a POA but I was informed that they were not accepted by Dubai authorities and that I would have to travel there to close. The bank account was also closed at the time remotely. If I travel to Abu Dhabi will I face problems?

Labor complaint for termination without a valid reason

Q: I have a Dubai free zone visa, I got termination from the company without proper reason. The company gave me 30 days` notice period, where do I have to complain? Can they withdraw termination?

الإجراءات والخطوات المتبعة في تنفيذ حكم عمالي

س: كيف يتم منع سفر لمدير شركة وهو مسؤول عن الشركة؟ علماً أن المحكمة العمالية حكمت لى بالتنفيذ.