Questions & Answers - Legal Advice Middle East

Filing a civil case against a company for denying partnership investment

Q: Hi, I want to get advice on what I should do with a company based in Dubai, which is not adding me as a partner even after payment of 100% my share money. I have even paid double by investing all my salaries of 16 months. I am out of the UAE now. Please advise. Many thanks.

Disputed divorce of expatriates in the UAE

Q: I`m an Egyptian Muslim married to a Christian Macedonian according to Islamic Sharia at the Egyptian Embassy in Dubai. It has been a very difficult marriage and I want a divorce with my wife who`s pregnant and doesn`t want it in peace. I`m her sponsor in Dubai as she isn`t working now. Continuing in this marriage is impossible and we didn`t have any divorce agreements before marriage. I want to know her rights and my rights, please.

Working on a visit visa till the approval of employment visa

Q: I am on a visit visa, and there are 2 days left on the visit visa. I am applying for 2 years to a transport company, but still, no approval. I have to leave the country before the visit visa expires. Any suggestion to approve the visa quickly?

Breaching an agreement signed with a UAE-based company

Q: Dear Madam, I am from Oman. I made an agreement with a UAE based company for migration purpose. If they failed the process they should have refunded my advance amount. But they are stating different reasons now. It`s already 2 months over. Two days before I saw on a website (pissed customer) similar reasons posted by somebody. I also commented there and the same person who talked to me happened same with him also. Now, the company is telling me I am defaming the company so they will not refund the amount. Also, they will take this to legal (Dubai cybercrime law article 20). I didn`t mention any lie. I just said the same person was dealing with me also, took my money and not responding now. That`s it. Please give an answer whether they can make a complaint against me or not? Your answer will be highly appreciated.

Holding the passport by employer after visa cancellation

Q: Does my employer have the right to hold my cancellation paper and passport after they cancelled my visa? As per my employer, I need to hand over the works properly and get the signature of my project manager. I already handed over all work to my colleagues and they already signed also, but the project manager won`t sign it for no reason. My visa was cancelled already last May 21, 2018. Please help. Should I file a complaint against them?

Validity of non-competition clause stated in the offer letter only

Q: Good morning! I have an offer letter (from my previous company) and a labour contract (MOHRE) which has different content. In the offer letter which was previously signed, we have a non-competition clause. In the contract from MOHRE which was signed after two weeks, it is not stated that we are not allowed to transfer to a competitor. Should the offer letter be void as per Chapter 1, Article 7 of UAE Labor Law? The letter is written purely in English, does this have an effect to consider it void? Only the contract from MOHRE has the Arabic language. Article 2 Arabic shall be the language to be used in all records, contracts, files, data, etc. provided for in this Law or in any orders or regulations issued in implementation thereof. Arabic shall also be used in instructions and circulars issued to employees by their employer. Where the employer besides Arabic uses a foreign language, the Arabic version shall prevail. Thank you very much. Hope to hear from you soon.

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Forging the employee's signature on the labour cancellation application

Q: FORGED SIGNATURE ON LABOUR CANCELLATION The labour card/work permit of my friend was cancelled without his knowledge. He learnt that he was cancelled when he checked in Tasheel Centre. This is very clear that his employer forged his signature on the Labour Cancellation Application. How to file a complaint and where he will report it, directly to the police or through MOHRE?

Acting against a bounced security cheque given to business partner

Q: Hi Sir, I have been working with a company as a partner on the trade licence and working for them as an employee. I am not in the company anymore, however, during the business with them I gave a blank cheque as a security for the investment and I gave it based on trust. Now, he wanted to take personal revenge and deposited my cheque by putting an amount of AED 1 Million on that and the cheque bounced. I don`t know what to do now and I need advise on this, please.

The average time limit for issuing the employment visa

Q: A company had hired me and given me an offer letter, and did not apply for a visa. What can I do?

Consequences of leaving the UAE without the cancellation of partner visa

Q: Sir, My friend had a partnership company in the UAE. Last year in April, after giving his consent to his partner for selling the company and handing over all the original documents to him, he came back to India. The company was sold and was duly transferred to the new persons. Now, when my friend wants to travel to the UAE he is not able to get a visa as the visa department is showing some problem. When we inquired they told us that my friend never got his resident visa cancelled, and that is the problem. So, can you help with this matter?

Consequences of termination during probation period

Q: Dear Sir, My company terminated my contract under probation period. My visa was stamped in the month of Feb 2018, and in the month of May 2018, I got terminated Is there any labour ban on me to work in Dubai, because I have a better offer in Dubai? If I have a labour ban, how can I lift it? (Please note that I only have an undergraduate degree) Waiting for your answer.

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Removing a labor ban ordered after an absconding case

Q: Dear Sir, My name is Syed Majid, I want your help to know about one problem. My sponsor put an absconding case on me, then I made a request to withdraw the case from MOHRE, but the Labour Department made a ban on me for 1 year. Can I remove the 1-year ban, and can I come on visit visa? Please give me your advice, Sir. Thank you

Ensuring the payment of maintenance for wife after divorce

Q: My husband has filed a divorce in Dubai. Before this, I filed a case to get maintenance and I won the case. He is paying me monthly maintenance. Would I get maintenance after divorce or I have to claim permanent alimony from my husband after divorce?

Seeking visa cancellation and EOS payment upon resignation

Q: Hello I am currently working for a company registered in DMCC free zone. I have resigned and currently serving my notice period of 30 days, I still have 10 days left to serve. It seems the employer is delaying the process because he is not taking time to discuss the exit process nor the EOS. 1) If the employer delays or refuses to cancel/transfer the visa, what can I do? I need to cancel/transfer because of a new job waiting for me. 2) Is it legal for the employer to delay or stop the cancellation/transfer? 3) What legal measures can the employee take? Can the employee later file a complaint about the delay and claim damages related to a late start of work, which includes missed salary and work opportunity? 4) In case of disagreement on the EOS, can we still do the cancellation/transfer first, and later settle EOS separately (in order not to delay my new job starting date)? 5) The employer said that the EOS was paid as part of last year bonus? is it legal? Thank you in advance.

Leaving the UAE after visa cancellation with ongoing credit cards

Q: Can I leave the country for the meantime if my visa was cancelled and changed to visit visa but I still have credits? However, I didn`t miss any payments for my credit cards.

Settling a case of bounced cheque given as reimbursement by the landlord

Q: I want a legal advice on this. I filed a criminal case against one of the real estate companies here in the UAE. I was supposed to rent a flat and paid 3 months in advance cash to the agency without signing a contract because they promised me that I will sign a contract next day. To cut the story short, it didn`t go well, so I decided to refund my money back. The manager issued me a company cheque but it bounced. Now, we both agreed that he can pay in instalments and do it in front of the court. The first question is, can we resolve this case without me filing a civil case against him? The second question, will the court give him a travel ban until he settles the full amount? Third, can I get compensation from him for spending money on this case?