Questions & Answers - Legal Advice Middle East

Claiming labor entitlements after signing the cancellation paper

Q: I work for a company in IMPZ Dubai. I resigned on June 23 & my last working day was on July 22, 2018. My employer has not paid 2 months` salary & gratuity till date. The company forcefully asked me to sign the cancellation paper and my visa got cancelled on August 16. I have an email from the vice president of the company dated August 24 confirming that my settlements will be paid soon, and they mentioned in my settlement calculation that my dues will be paid upon visa cancellation, as this is their company policy. Few other employees have left the company recently & the management followed the same process. i.e. visa cancellation first and then settlement of dues. Kindly advise, how can I get my rights?

Verbal termination of a limited employment contract

Q: I am working for a travel agency. They told me orally you will be terminated, but till date, they didn`t send any mail regarding termination. So, when does my termination start and I know one month is a grace period? Can I return my emirates id? And one more question, my company made a contract of 2 years. Now, I completed 9 months only. Can I get paid any amount (gratuity) while leaving?

Staff insurance delay and action against the company

Q: Good morning, We would like to seek advice about the issue with our insurance. We have applied to the insurance for the staff with an insurance company. It has been 2 months since we applied and paid to this company, but still, they can`t give us the insurance, correct invoice and receipt that we need. Kindly advise us, what can we do to get our money back and where can we report this kind of issue? Thank you.

Divorce proceedings and asset distribution for expats in the UAE

Q: Good day, I am a South African citizen married to a Romanian citizen under the Romanian law. [We were married in the Romanian embassy in Qatar and issued a Romanian marriage certificate.] We are residents of the UAE since 2006. Each of us has worked under own company sponsorship. Our marriage has now come to an end. I wish to have the divorce proceedings taking place here in the UAE although I am certain that my wife wishes to have it done in Romania. We have assets both in Abu Dhabi and Romania. Two properties each in both countries fully paid off. Will it be possible to start the divorce proceedings from my side here in the UAE (Abu Dhabi) even if she is unwilling to do so? Many thanks, Marius Strydom

Misleading salesman in the process of purchasing a property

Q: First of all, I am new to Dubai and I was searching for a villa here. Sometime later I found something I was interested in. I`ve decided on a villa and many promises were made for it by the seller of the developer. The seller gave me a good price, a payment plan which suits my needs, included landscaping, 1-year free service charge and other charges regarding the inside of the villa. I was asking the seller for a confirmation in writing mentioned with all the promises that were made. He told me I will get it only after paying the reservation of 20% from the purchase price. Unfortunately, I believed him and paid the 20% + 4% DLD to the developer. After asking several times for the confirmation in writing, I still got nothing. We wrote at WhatsApp and I still have the voice memo`s and history where we talked about everything. I have a memo of his voice promising me several times that everything will be realized and that I will get my confirmation in writing very soon like it was promised in the first place. I had to fly back to my home country due to work-related reasons that`s why I wanted to take the reservation form with me to read and sign it at home, but I got interrupted by the seller. The seller insisted me to sign the form as soon as possible and came to my hotel lobby with the reservation form at 10 pm. I took an exhausted look at the reservation form and noticed some faults like a wrong payment plan, landscape and 1-year free service charge weren`t mentioned either. He told me that this is just a temporary booking form and it`s only about the reservation, just so that I won`t lose the villa to someone else who is interested. He concluded by saying that all the changes that were promised will be written on the purchase contract. Nevertheless, I`ve made a copy of the booking form from the printer of the hotel. I`ve asked the seller several times if there is any hitch in the contract, he made an oath in God`s name that my wishes regarding the villa will get done and that every thing has its validity. The next day when I was in my home country I took a closer look at the booking form. I ascertained that everything was wrong at the form: wrong price, wrong payment plan, and all my wished changes were not mentioned. In addition, the reservation price wasn`t 20% like he told me. It was written at the reservation form that I had to pay 10% of the purchase price. Of course, I complained immediately. After around 1 week I got a call by the seller. He told me that he couldn`t change the price since it was already the best, that he can`t include the 1 year free service charge and he could not change the payment plan as arranged before. He told me he could only realize some few changes regarding the villa but not every thing that was agreed before. I am really disappointed and I claimed my money back. The only statement I got was that I can`t get my money back, because it`s not refundable through the booking form. I feel really messed around and I have never thought that this could happen to me here in a city like Dubai, especially by a big developer with a huge project like this. I feel desperate since it`s a huge amount that I`ve paid. What can I do? I have as evidence all the WhatsApp memos and the history between me and the seller. I would appreciate a helpful response or a very good lawyer.

Claim for outstanding amounts against provided services

Q: Hi, We are a technical & cleaning service provider. We worked on the facade cleaning of Hotel Apartments and submitted our invoice on the 18th of March 2018. As per our contract, we receive our payment within 15 days after the submission of the invoice. But this time we are chasing them for the 15 days period which was on April 4, 2018. Every time we ask, their finance department was replying that the signatory is not available. Yesterday, the 28th of July, we arranged a meeting with their GM and discussed everything with him. We were shocked that the GM said: "Go to the police, we will not pay you anything." I replied, "Why"? He said, "The management is not willing to pay anything to anyone". We have the contract with them, a copy of the submitted invoice, and photos of all work progress. Advise us, what should we do? Regards, S. S. H. Managing Director

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Is the employee obliged to sign the non-competition clause?

Q: If my labour contract does not include a non-compete clause, would article 127 be enforceable? What is the view on the employer holding the payment of final settlement and visa cancellation upon signature of a “settlement agreement“ that stipulates non-compete obligations along with other conditions? Noting that I filed a complaint against the employer refusing to pay the final settlement as per the Labour Contract, whilst the employer filed a complaint against me for refusing to sign the aforementioned “settlement agreement”. What articles/clauses can I cite in the first hearing at the MOHRE to support my rights? My hearing is tomorrow morning and I will greatly appreciate any help

Possibility of a labour ban upon termination during probation

Q: Dear Sir, I had joined the company on 15th March 2018 and the company has given me the visa on 15th of May 2018. Now, today 25th June 2018, They sent me the termination letter all of the sudden without any reason. I am still on the probation period. Is there any ban applied to me? My contract is unlimited. Thanks Vaibhav

Removing a ban imposed for medical reasons

Q: If you have an immigration ban wherein you were announced having an old TB, can you still re-enter the UAE even on visit visa only?

Worksite accident and clearing the case at the court

Q: Hi Sir, Respected, My case is running in the Dubai Courts for one construction worksite accident that happened to one of our workers who fell down by his own mistake and hospitalized in the emergency. The case is running for 1 and a half year and the person who fell down is okay now, but the prosecution is saying it`s 100% disability. For the victim, we had paid all the medical bill of AED 92000 + given all salaries till date, and due to a long time, we are in full stress and want to close the case from the victim and from my side. What is the procedure for giving Tanazul (clearance)? Regards, Amir Suhail

Company formation to carry out the activity of selling goods online

Q: I`m planning to open a company here in Dubai, and I need an advice regarding the formation of a company, i.e. whether it can be registered in the free zone without any problem. The company will be an online platform that showcases goods available in Dubai and will connect OVERSEAS buyers with local (UAE-based) sellers. The company will make money by charging a commission for each sale. The company will receive the money from the buyer and release it to the seller. Shipping of goods will be managed by the seller. Since the company will not buy or sell goods in Dubai/UAE and will not stock goods, my understanding is that I can register this company in a free zone. However, not sure if holding money here in Dubai affects the form of the company. Does the money need to be held in Dubai at all? Can the money be held in an overseas account while it is registered in Dubai? If not, if the money is to be held in Dubai, is there a certain type of bank account required onshore/in a free zone? Thank you

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Checking a case for defaulting on phone bill

Q: Good morning Sir, If there is some problem with DU billing, can they file a case for AED 2000? And if they file a case, how will I know about this because I don`t have the same number which I had it before?

Claiming unpaid salaries without having a work visa

Q: I am Venkatesh. I am working in one interior company in Sharjah. Nearly 2 months completed, but till now they didn`t pay my salary. I asked my company manager, owner and my agent, but no response. My agent told me tomorrow at 4 to have an appointment, then I tell you. I have a tourist visa only, so give me a suggestion.

كف بحث من الشرطة للتعثر بسداد قرض

س: السلام عليكم أرجو التكرم بالرد على استفساري القانوني: كيف يمكن إزالة التعميم علي (كف بحث من الشرطة) كي أتمكن من اسئناف سداد قرض شخصي؟ تعرضت للفصل من عملي وغادرت لبلدي والآن وجدت عملاً في دبي، لكن البنك يرفض إجراء تسوية أو إزالة التعميم كي أعود وأعمل وأسدد. وجزاكم الله خيرا

The meaning of case disposition and required action

Q: What does it mean when a case status in Ajman is dispositioned? It says there that the hearing decision is reserved for judgement.