Questions & Answers - Legal Advice Middle East

Termination of limited contract and non-payment of salaries

Q: Good morning Sir, This is A.K. Salaudeen from Umm al Quwain. My labour contact was limited contract. Now, the company cancelled my labour contract and immigration also. But till now, I am not getting my 2 months` salary. What can I do? My last date is 30.08.2018. He promised me daily he will pay tomorrow but till now I did not get any payment from his side. I completed 1 year from visa period. Please advise me, what can I do?

Applicability of GCAA on a labour dispute with military organization

Q: Good day, I`m seeking to get clarification on the below statements, as I raised labour legal case against my company due to the regulations & policies. They are referring to the GCAA ORGANIZATION (CIVIL aviation law), however, I got this below statements from GCAA about the company: 1. ‘Military organization, which does not fall under the GCAA mandate as per the UAE Civil Aviation Law’. 2. GCAA does not have any jurisdiction over any requirements established by your employer.

Filing a case for recovery of dues from a company

Q: Hari, I posted earlier regarding my dues. I have yet to receive an amount of around AED 80,000 from a DFM listed in Dubai. This is the Board Fees due, since 2014-15. I sent reminders, no response from the company. I was serving as MD & CEO of the company then. Resigned as MD & CEO on June 15 and as Board Member on Jan 16. How can you help me recover this amount asap? What`s the process and what`s the cost? How much time may it take? Let me know. Best wishes, 16th of August 2018

Settlement of a bounced cheque to issue a new employment visa

Q: There was a case filed against me in Muraqabat Police Station for bouncing cheque. I was not able to pay my loan for more than 4 months as I lost my job and unable to pay. I informed the bank and negotiated with them, but they want me to pay at least half of the loan amount. My problem now is that I got a job offer but my new employer cannot issue an employment visa for me as I am in the blacklist status. My previous employer also cannot cancel my visa, they were able to cancel my labour card and already beyond the grace period of 30 days. My previous employer told me that they will present my passport to the visa section and file an absconding case against me. Please advise if they can really push filing an absconding case against me? What shall I do regarding the bounced cheque so that my new employer can process an employment visa for me?

Replacing a passport held at the police station

Q: Hi Sir, I m Edwin, I am working on a construction site. 3 months before, an accident happened on my construction site and regarding this accident issue, my passport was held by Dubai police. But the injured person is good, and the doctor certificate also clearly mentions that the person is good, but till now the police did not release my passport from the police station. Next month is my marriage, so is it possible to replace the passport with another one or not? Please give your suggestion about this.

بلاغ عن إشغال طريق بزرع شجرة أمام المنزل

س: لقد قمت بزرع شجرة أمام منزلي وفوجئت بجاري يرفع علي قضية إشغال طريق.

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Holding company partners liable for their part of its debts

Q: Hi Mr Younis, I require help to sort out my father`s legal issues pertaining to a company he had. There are dues with a bank in the UAE and his partner who was also a signatory on the cheques has managed to remove his cases and has left my father to deal with the liabilities albeit he was the one who misused the company funds. I have two questions: 1) How can someone who was a partner of a company absolve themselves of al legal recourse albeit their signature is on all bounced cheques? 2) Would your law firm be able to help with getting the cases resolved and getting my father`s business partner take the responsibility for his share of the liabilities? Thank you

Shareholder agreement and the legal way to exit it

Q: Hello I am looking for someone to review a shareholder agreement and advise on how to exit. The shareholder agreement is done in the UAE. Please advise if this is something you do and your fees. Many thanks Maria

The procedure of depositing a guarantor's passport at the court

Q: Dear Sir, What is the procedure to keep a guarantor passport and how much time does it take? I have to go for a week. My case is with Dubai Courts and I have no travel ban.

Legal assistance to exit a shareholder agreement

Breach of trust and recovering the amount of a bounced cheque

Q: I had given money to an individual who was working in the financial markets in Dubai for regular profit. The amount is around AED 250,000. I went to the police when the first cheque of 150K bounced. The case was registered but nothing is happening and it has been 3 months. What are my options?

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Criminal case in lieu of default with loan installments

Q: Good Day! I am seeking help regarding a police case against me. I have been in custody of Khalifa City police station for 2 days due to the police case against non-payment filed by National Bank of Abu Dhabi (NBAD). I took a car loan from NBAD in January 2016 and was paying monthly the total amount due. However, during my employment with the previous employer last year I have been in a financial crisis due to eight months without salary, and till now I have not received yet my final settlements from them because the case is still in Labor Department. I had 2 months` non-payment, however, after getting a new job I am consistently paying the monthly payment leaving the 2 months unpaid, and promised NBAD to pay them once I get my final settlements. Further, they did not inform me of the legal case, and the car is still under their name. How come they file a case against me? Moreover, the police case is dated 22nd of July 2018 and my due date of payment is 30th of July. Please, I am looking forward to your kind advice.

Payment of allowances mentioned in the offer letter if provided

Q: In my offer letter, they mentioned a basic salary of AED 1200, accommodation AED 800 and transportation AED 200, with a total of AED 2200. But they did not mention free accommodation and transportation. They`ve told me they will provide free transportation and accommodation. What does it mean? Will they give me total 2200 or cut the amount of AED 1000?

Proposed civil case by the bank and possible settlement

Q: Hi Mr Hari I have had a cheque bounce with one of the banks in Dubai which was an inbuilt cheque in credit card application. They had submitted a police case against me in April 2018. I was taken at Al Ragga police station. asked to pay AED 2000 fine. I was presented in front of the public prosecutor. I accepted that I am unable to pay the credit card amount and the bank did not tell me that they are submitting the cheque. I paid the fine on-spot and the passport was given to me. I also got my Police Clearance Certificate. Now to my surprise, after all this pain and harassment, the credit card fellow and so-called collecting agent are threatening to do a civil case. They are saying we will cancel all the extra interest charged on the card amount. Just clear the basic card value. I told them I was paying minimum payments earlier as well. But the bank did such a wrong thing by declaring me absconding. I have given 4 good years to this country. Please advise. If I do not take their calls and threats, what will be the worst case scenario?

Recovery of investments with companies after defaulting on obligations

Q: I have been given some investments in a few companies with a contract on a fixed agreed profit. Now, they default on the agreed profit and even delayed paying back of capital. What procedure do we have to follow to recover our investments?

Fraudulent attempts for selling fake university degrees

Q: Hi, I obtained a degree from a US-based university based on experience 10 years ago, however, I noticed after receiving it that it was fake, so I didn`t process any attestation or submission to any of the authorities in the UAE. I received a call from the US embassy 3 weeks ago inquiring about it and that the said university has legal cases already, so they put me in contact with the so-called United States higher learning education. They mentioned that they will need to get NOC`s to remove my name from the US system that I have a degree and they asked me to wire transfer of $2500. Also, I received a call from the Ministry of Foreign Affairs and it was an Arabic lady stating that I need to finish this issue with them otherwise it will be sent to the UAE Justice Department. Hope to receive advice.