Questions & Answers - Legal Advice Middle East

Dropping the labour case against the employer to cancel visa

Q: Hi, I already filed waiving my labour case with my employer, I also dropped my labour compliant to my previous employer done at Tasheel. They told me to wait for the approval of cancellation and then I can cancel it at the immigration. I already told my previous employer that I dropped the court case (but it has to be notarized at Dubai Courts which I`m not yet doing it). They are not still withdrawing their labour complaint against me and they want me to go with them, but I don`t want to see them because of their wickedness. My question is, is it okay not to communicate with the previous employer even though my cancellation is in the process? Will it affect me until I get the cancellation?

Requirements and procedures accompanying application to corporate loan

Q: IS THIS TOPIC FAMILIAR TO YOU ? 1) A company from the UAE has a subsidiary abroad (100% of the shares). 2) The subsidiary would like to contract an investment loan and the bank is asking for a surety contract issued by the mother company. 3) A legal opinion is necessary to basically present: 3.1) Which conditions the surety contract should comply with in order for the surety contract to be valid and enforceable? 3.2) If any limitation (territorial, financial limit, time to claim, competences, signing procedure that has been followed, or any other, etc) is present in respect of a surety contract assumed by a company from the UAE toward a foreign bank while supporting its subsidiary from abroad. 3.3) What is the legal procedure that applies when enforcing a surety contract that is a related to a subsidiary from abroad (actions / estimated cost / estimated time)?

ندب خبير مصرفي للبطاقات الائتمانية

س: السلام عليكم ورحمة اللة وبركاته لدي استفسار بخصوص رفع دعوى ندب خبير مصرفي لدراسة البطاقات الائتمانية في حال كان هناك تسوية لتحويل الرصيد المحمل بالفوائد المتراكمة إلى أقساط شهرية. ففي هذه الحالة لا يقوم البنك بتزويد الخبير كشوفات الحساب من تاريخ إصدار البطاقة، ويكتفي بتزويد الخبير الكشوفات من بداية الخطة مما يرتب علي عدم تصفية الحسابات بشكل حسابي دقيق. ماهي الاجراءات المتبعة لإلزام البنك بتزويد كافة الكشوفات منذ إصدار البطاقة لأن أصل الدين كان محملاً بالفوائد المتراكمة وثم تم تحميل الرصيد مرة أخرى بفوائد على أصل الدين والفوائد المتراكمة؟ حيث أن هناك خلط كبير بتعريف خطة الدفع بالتقسيط محملة بفوائد جديدة وبين تسوية بين البنك والعميل لتخفيف مبلغ أصل الدين بنسبة معينة ودفع المبلغ على ٦ أو ١٢ شهراً دون زيادة فوائد جديدة.

Checking a possible travel ban in the UAE and GCC

Q: Property under dispute: 1BHk, Legrand Chateau, JVC. Original value purchased in 2008: AED 1.3M. Loan amount, ADCB: AED 900,000 Downpayment made: AED 450,000 including all transfer and bank fees. In 2009-2010, the rental agreement and PoA were handed to the bank, since we were leaving the UAE. Mr.Vald, a Russian tenant, started defaulting on the rent after 3/4 of the year. We told the bank, you use the PoA in your power, and we look for an alternative tenant from India. We could not come as we have just restarted our career here. In 2010-12, the tenant has stayed free as the bank has not used the PoA to renew the rental agreement. In 2012, the bank put a Dubai Court seal on the flat. 6 months later in 2012 end onwards, the bank has deployed some other tenant started collecting rent on our behalf. Now, it`s not incorporating the rental income in the outstanding (AED 792,000D). The annual rent then was AED 55k. An email sent by bank mentions potential travel ban. We want to know if this is valid already and inclusive of GCC, as we need to travel in the next 2 days. Can we get a status update on this?

Legal opinion on the requirements of applying to a corporate loan

Q: CASE PRESENTATION 1) A company from the UAE has a subsidiary abroad (100% of the shares). 2) The subsidiary would like to contract an investment loan and the bank is asking for a surety contract issued by the mother company. 3) A legal opinion is necessary to basically present: 3.1) Which conditions the surety contract should comply with in order for the surety contract to be valid and enforceable? 3.2) If any limitation (territorial, financial limit, time to claim, competences, signing procedure that has been followed, or any other...etc.) is present in respect of a surety contract assumed by a company from the UAE toward a foreign bank while supporting its subsidiary from abroad. 3.3) What is the legal procedure that applies when enforcing a surety contract that is a related to a subsidiary from abroad (actions / estimated cost / estimated time)?

Retrieving the passport after resolving a criminal case

Q: My case has been referred to the public prosecution even after I compensated to the company for the loss. They took my passport as security. How can I get the passport? My visa is immigration visa.

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Termination of employment and cancellation of visa

Q: Dear, I want to ask one question today. I have given my employer a termination letter so I can cancel the visa immediately or within 2 to 3 days.

Misusing the power of attorney by a partner of joint property

Q: Dear Sir/Madam I issued a General Power of Attorney to someone for renting our property. (He and I own a property together in Dubai). Since he took the POA, He hasn`t paid my share of rental and doesn`t even answer my calls anymore! I don’t even know what has happened to our property or even to my share. (I think that he has stolen my share). I have sent several emails to agents that do business with him and asked them to give me all copies of tenancy contracts and all other documents about my property, but they haven`t replied to my requests yet. I like to mention that He has taken all the copies of the POA and Deed of Property and I don’t have any copy of the Deed or POA. What shall I do? Thanks

Transferring end of service benefits to absconding employee

Q: Hi, We have an employee who has taken half a million and fled the country. We have cancelled his visa (out of the country) and now awaiting his signature on the EOSB calculation to transfer to his bank (as per the salary transfer letter). The employee has reverted stating that he will not sign it since he wants the EOSB sent to his account back home. He says he will go for a legal action against the company, in case we transfer the funds and the bank is constantly following up for the funds. What can we do? Do we have to wait for the consent? Will we be legally challenged in case we transfer the fund to his bank account without his consent?

What you need to know while purchasing a new apartment

Q: Hi, I am planning to buy a ready apartment in a 2-year-old building. How can I check for any dues on that apartment, would NOC suffice that the mortgage or any dues are cleared? How can I check that the seller does not have court cases against him in relation to property? How do the Service Charges get decided every year, as I understand that it is decided by Dubai Land Department who has defined the Service Index? Should I hire a lawyer to look out all legal aspects and help me till I get the property transferred to me? If yes, then what is the average cost for this service? Regards, Gufran

Is the visa cancellation possible before completing the notice period?

Q: I am currently resigning from my job with 30 days` notice. My new employer is asking me to push my current employer to cancel my visa so they can begin the process of my new visa, but do they have to wait until my last working day?

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How to settle a bounced rental cheque case and lift travel ban

Q: Hello, There was a cheque bounce case for the rental of the company office we had with Tecom. The authority has banned my travel, and I`m in my home country right now. My question is if I visit Dubai and settle this issue with paying the fine, will there be any further ban on my travel?

خلاف بين الشركاء في شركة ذات مسؤولية محدودة

س: السلام عليكم من فضلك أرجو المشورة. أسست شركة مع مواطن وهو يدير الجزء المالي ويتصرف فيه كما يشاء، وحالياً يهددني ليجبرني على التنازل عن حصتي في الشركة، مع العلم اأنني لم آخذ أي أرباح من الشركة عن الفترة الماضية رغم ان نسبتي في الأرباح 80%. أنا لست إماراتي الجنسية. فما هو التصرف من وجهة نظركم؟ وشكراً

Serving a legal notice to the tenant for defaulting on rent

Q: According to the law, the notice can be served “through the Notary Public, or delivered by registered post, by hand, or by any other technological means approved by law”. I would like to know what are the “technological means approved by law”, as I am a non-resident landlord and I need to serve a 30 days’ notice for the tenant to pay rent, as he is defaulting.

Legal status of a condemned in criminal offence after amnesty

Q: Hello, Good afternoon. I hope you can help me. My husband has been deported because of criminal offence drug-related cases. He hasn`t finished his jail term because his name was included in the amnesty list. Is there any chance for him to enter the UAE again? On the other hand, is there any chance for him to have a transit or stop over to any airport in the GCC? Please advise what to do.

Seeking legal representation to negotiate settlement with banks

Q: Dear Sir, Hope this mail finds you well. I left Dubai in 2016 due to my serious health issues, having a loan of AED 100000 and a few credit cards also. Now, I would like a settlement. Please let me know the process and total fee for my case if I hire a lawyer. Thank you Nitin India