Questions & Answers - Legal Advice Middle East

Claiming passport from the employer after labour dispute

Q: Dear Respected Lawyers, I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service. They told me passport can`t be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE. Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer. The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials. Finally, I filed my labour complaint today for my Visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my Passport on an urgent basis. Humbly requesting your valued positive advice and assistance.

How to change jobs without facing any legal issues

Q: Hello Sir, I already have a visa of a packing staff. I got a new job with a better offer package. If I moved to that company, are there any legal issues?

The possibility of lifting a lifetime ban

Q: I have a lifetime ban in the UAE. Can you just lift my ban? I was having a case in Ras Al Khaimah and the case number is [-------]

Checking a travel ban after defaulting on small amount

Q: Hi. I have an outstanding amount of AED 1100, it’s almost 3 months since I paid this bill. Do I get a travel ban now?

Claiming compensation after termination of employment contract

Q: I`m based here in Dubai. I got terminated last July 15 and was given a 1-month notice by my employer. When I went to the labour department to inquire if I`m getting any compensation the legal adviser gave me the computation of the amount. Then I filed a complaint against my employer because they did not pay me the computation I was given by the legal adviser. Yesterday, I went to the Tawafuq Center to settle my complaint but nobody showed up on behalf of my employer. Instead, the legal adviser called the PRO and they talked. After they talked the legal adviser told me the I`m not entitled to anything and told me that the computation I was given from Tasheel is wrong. I was terminated because I was absent for 4 days because my grandmother passed away. The legal adviser told me that I can still open my complain anytime. Can you please give me some legal advice regarding this matter?

Acting against a possible bounced cheque case

Q: I have a friend renting a flat but there`s no contract between them. He issued a cheque as a guarantee cheque only and they agreed that they will give it back to him once he pays the rent. Now, my friend notices that they deposited the cheque to the bank and it bounced. What can he do for it? What advice can you give? Thank you and regards.

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The procedure of changing the local partner of a company

Q: Hi, We are in the process of renewing our license. However, we want to change our old local sponsor. May I know what`s the process? Thank you.

The timeframe for issuing an employment visa in the UAE

Q: Hi, A friend of mine (Now In India) applied for a job in a UAE company and he received the offer letter. He also submitted a signed JOC (Job offer certificate) before one month, but still did not receive the employment visa. When I called the Company HR department, he told me that the visa is under process and the current status is under security approval. My question is what`s the security approval and how many days does it take for security approval? And when will he receive the visa?

Can I use my vacation for the notice period upon resignation?

Q: If the contract says 60 days notice period, and if one resigns just before the summer holidays (i.e. approx 50 days) will this count as notice period? This is about a teacher in a Dubai-based school.

Do I have a travel ban for missing one credit card payment?

Q: I have missed my credit card payment by 15 days and I have confirmed back I will make the payment by 29th of this month. Meanwhile, I am planning to travel to India the coming month but I want to know if there will be any travel ban for me to go out of the UAE on my vacation due to the delay in payment.

رفض منح تأشيرة سياحية إلى الإمارات وأسبابه

س: أنا قدمت على فيزا سياحية للإمارات مرتين وتم رفض طلبي. هل هذا يعني أنني ممنوع من دخول الامارات، علما أنها ليست المرة الأولى؟ دائماً أدخل الدولة لغرض التقديم على الإقامة ويتم رفض الإقامة، لكن ما علاقتها بالفيزا السياحية؟ أنا عراقي الجنسية. وشكراً لكم

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Defining liabilities and claiming compensation for a personal injury

Q: Hi, My mother was visiting Dubai and she slipped and fell as she stepped outside my sister`s apartment. The floor outside the apartment was slippery and wet, the cleaners had removed the mat at the entrance of the door and failed to dry the floor or put any warning signs in that area. My mother suffered severe injuries, most serious being a fracture at the neck of the femur, which required a surgery. She did not have travel insurance. I approached the facilities management company about this, and they got the cleaning contractor to settle the hospital bill. However, my mother has a permanent rod and screw holding her hip and femur together and will never be the same again, so I want to claim compensation. Do I have a case to claim compensation for personal injury? Who is at fault, the facilities management company or the cleaning company who provides the cleaning service on their behalf? Both companies have been ignoring my letters about compensation.

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