Questions & Answers - Legal Advice Middle East

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.

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.

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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

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.

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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.