Questions & Answers - Legal Advice Middle East

Reporting the use of fake degrees to authorities

Q: If I come across someone who is working in the UAE by using fake degree certificates, how can I report to authorities; or what is the means of initiating an enquiry?

Divorce by mutual consent after leaving the UAE

Q: Hi. I am in India for the last 5 months and still hold a valid UAE visa. My wife is staying in Dubai and has applied for mutual divorce in Dubai Courts. We are married since 2008 and have no children. Can my wife be granted a divorce in my absentia (ex parte) under the Hindu marriage act? If so, how soon can this be done as we both need the divorce and I am unable to travel to Dubai?

Forceful extension of the employee notice period upon resignation

Q: Hi Madam, Good afternoon. I am writing on behalf of my wife. She is working as a school nurse in Dubai for more than 3 years. Now, my wife got a good offer and submitted resignation on 26th August 2018 by mentioning last day of working as of 07th October 2018. The school accepted the resignation and asked for 45 days salary as compensation. We also agreed to give the compensation and informed the new school that she will join on 08th October 2018. But now they are asking to work for some more days as KHDA inspection is coming to school by the end of October. We told them it is not possible because we already informed the new school about the join date. The current school still have not started any relieving process. How can we overcome this issue?

Return of security deposit and rent dues

Q: Hi. My daughter had stayed at an apartment 807, Marina Diamond 2 in Dubai from 1st May 2017 to 31st July 2018 on the lease of Mr Alex Hejazi`s US national apartment. The first contract was for one year and then extended for six months. The original contract had two months notice clause and renewed one with one month notice. He was given a month`s notice as per the tenancy agreement on 25th June 2018 by mail and over the phone and vacated on 31st July 2018. Returned to India on 8th August 2018. The landlord is now not responding to mails or texts and has not returned any money. The dues are three months` rent and the security deposit total of AED 15600. Now, she is back in India and cannot travel to lodge a case in RDC. How do I get back my hard-earned money without travelling to Dubai?

Rescinding a property reservation agreement and getting refund

Q: I have purchased a property in Dubai in Dec 2017 by putting a 30% deposit of the purchase price to the Developers account and received the reservation form and receipts only. However, I still do not have the SPA or OQOOD as of Aug 2018. The developer has been saying the SPA templates have been getting delayed at DLD. Per the reservation form, I have an upcoming payment in Sep 2018, however, I do not want to pay this as I still don`t have the SPA or Oqood which is my legal document and there is no escrow account per DLD website. What is my legal position here and how can I get this resolved or can I get refunded given there is no contract as yet? Please guide

Legal representation for the settlement of bank dues

Q: I would like to return to Dubai after leaving with a debt. I have tried contacting the banks to discuss but keep being passed around. I would like a lawyer who can represent me to agree on the repayments as I cannot afford an immediate settlement. Is there such a service?

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Withdrawing from an accepted job offer to take a better one

Q: Hello. I`m from India. I have accepted a job offer with a firm in Dubai. I have signed the offer letter with the company and submitted my degree document for attestation from Ministry of Foreign Affairs, UAE. Now, I have received a better offer from a different company in Dubai which I want to choose. At this point, I have received a `Job offer for Unlimited Term Employment Contract` which I`m being requested to sign to apply for e-visa from the first company. Will I be able to reject the offer from this company at this point? Will I be facing a ban by rejecting the offer? I want to know the legal consequences at this point before I take a decision. (P.S - I`m willing to bear the cost incurred by the first company in the onboarding process/acquiring work permit)

Seeking divorce for false accusations and defamation

Q: Hello lawyer! I need an expert advice from you. I was married 3 years back and my husband and inlaws cheated me on his medical condition (i.e. he had both kidneys removed and transplanted his mother kidney). A year after my marriage, I was pressured and tortured for not having a baby. I was very worried, and hence, got all my tests done and alhamdulillah everything was normal. The doctor also checked my husband and as a result, his reports were negative and the reason for that was associated with his transplant and medicines. He and his family behaviour is getting worse day by day, and hence, I am planning to get a divorce from him and wanted to know my legal rights and process to go further. I am living with my parents since 9 months and my husband hasn`t supported me in any way. Now, he has started defaming me on social media also. I would be very thankful if you can help me in this regard.

Execution case to get dues from absconding employer

Q: I got a judgement to pay my dues in 2009 from Dubai court but still did not get my dues. I have been to Dubai last month, and the court said to open the case again through a typing centre and you will get the payment. I`ve spent too much money on publishing in the newspaper and another related court procedures and I have all the evidence. Can you please help me to recover this money and I will pay your fees from the amount received? I`m in Kuwait recently. My WhatsApp number is 00971582957430

Claiming entitlements upon resignation for delayed salaries

Q: Hello all, I was working under an unlimited contact on an LLC company for about a year in Abu Dhabi. Since I started working, I haven’t got paid on time. So after a year, I resigned from the company by emergency resignation whilst I had 2 months` pending salaries. Now it’s been 49 days since I submitted my resignation and my company is delaying my payments, though my work permit has already been cancelled by them. So can anyone give some advice to take further actions? I’m currently staying on my notice period, so is it ok to file a case against them? Will it take longer?

Possibility of a settlement at the court for bounced rental cheques

Q: Hello Advocate Nikhat, How are you, Madam? My house is in Abu Dhabi and I had rent bounced cheques due to my job loss. Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments. Won`t he consider what we say about how much we can pay? Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments. Now, I understand that once the instalments are finalized, then we have to pay them regularly. The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct? Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time? Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?

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Time frame for processing employment visa

Q: Good day, Madam, Please after thumbprint has been made by the employee, how long will it take the person to get his or her visa?

Defaulting on bank loans and possible actions for recovery

Q: I have a few questions. Q.1 My friend has a bank loan of AED 60,000 approx from a bank here in the UAE and he did not pay for the last 7or 8 months and the bank is calling for recovery. They have a law firm here which has a branch in Pakistan and this bank also has a branch in Pakistan. If my friend travels to Pakistan due to an emergency now and the bank proceeds with its action, what action(s) will that be? (So far no action from the bank - no case from them) Q.2 If he goes to Pakistan, what will the consequences be for an already running civil case of a bank loan default with another bank, this bank has no branch in Pakistan?

Cancelled projects and getting an update on the property

Q: I bought a real estate unit more than 3 years ago. The project has been cancelled and at the cancelled real estate project committee in Dubai Courts for more than a year. I don`t know how to follow up with them as they are not responding to my calls or emails.

Labour rights upon resignation for non-payment of salary

Q: Dear Ahmed, My sister is working for a catering company based in a school and she didn`t get her salary since May. She doesn`t wish to continue with this company. Her contract is limited and joined in September 2017, but the contract is dated 04/12/2017. As per article 121, she has the right to resign without notice, however, another article says that she needs to pay the employer “early termination compensation”. How can we proceed without losing the money? Thank you. Maya 0503183185

The right action against stopping the payment of salary

Q: My husband is working in Dubai as a chef, but unfortunately, his employer didn`t give him the salary for 3 months. The restaurant is a free zone visa type. Can you give us an idea of what kind of legal action we should take?