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Questions & Answers
UAE
Claim for outstanding amounts against provided services
Q: Hi, We are a technical & cleaning service provider. We worked on the facade cleaning of Hotel Apartments and submitted our invoice on the 18th of March 2018. As per our contract, we receive our payment within 15 days after the submission of the invoice. But this time we are chasing them for the 15 days period which was on April 4, 2018. Every time we ask, their finance department was replying that the signatory is not available. Yesterday, the 28th of July, we arranged a meeting with their GM and discussed everything with him. We were shocked that the GM said: "Go to the police, we will not pay you anything." I replied, "Why"? He said, "The management is not willing to pay anything to anyone". We have the contract with them, a copy of the submitted invoice, and photos of all work progress. Advise us, what should we do? Regards, S. S. H. Managing Director
Aug 26, 2018
2073
Questions & Answers
UAE
Is the employee obliged to sign the non-competition clause?
Q: If my labour contract does not include a non-compete clause, would article 127 be enforceable? What is the view on the employer holding the payment of final settlement and visa cancellation upon signature of a “settlement agreement“ that stipulates non-compete obligations along with other conditions? Noting that I filed a complaint against the employer refusing to pay the final settlement as per the Labour Contract, whilst the employer filed a complaint against me for refusing to sign the aforementioned “settlement agreement”. What articles/clauses can I cite in the first hearing at the MOHRE to support my rights? My hearing is tomorrow morning and I will greatly appreciate any helpAug 26, 2018
2176
Questions & Answers
UAE
Possibility of a labour ban upon termination during probation
Q: Dear Sir, I had joined the company on 15th March 2018 and the company has given me the visa on 15th of May 2018. Now, today 25th June 2018, They sent me the termination letter all of the sudden without any reason. I am still on the probation period. Is there any ban applied to me? My contract is unlimited. Thanks VaibhavAug 26, 2018
1806
Questions & Answers
UAE
Removing a ban imposed for medical reasons
Q: If you have an immigration ban wherein you were announced having an old TB, can you still re-enter the UAE even on visit visa only?Aug 25, 2018
8342
Questions & Answers
UAE
Worksite accident and clearing the case at the court
Q: Hi Sir, Respected, My case is running in the Dubai Courts for one construction worksite accident that happened to one of our workers who fell down by his own mistake and hospitalized in the emergency. The case is running for 1 and a half year and the person who fell down is okay now, but the prosecution is saying it`s 100% disability. For the victim, we had paid all the medical bill of AED 92000 + given all salaries till date, and due to a long time, we are in full stress and want to close the case from the victim and from my side. What is the procedure for giving Tanazul (clearance)? Regards, Amir SuhailAug 25, 2018
2881
Questions & Answers
UAE
Company formation to carry out the activity of selling goods online
Q: I`m planning to open a company here in Dubai, and I need an advice regarding the formation of a company, i.e. whether it can be registered in the free zone without any problem. The company will be an online platform that showcases goods available in Dubai and will connect OVERSEAS buyers with local (UAE-based) sellers. The company will make money by charging a commission for each sale. The company will receive the money from the buyer and release it to the seller. Shipping of goods will be managed by the seller. Since the company will not buy or sell goods in Dubai/UAE and will not stock goods, my understanding is that I can register this company in a free zone. However, not sure if holding money here in Dubai affects the form of the company. Does the money need to be held in Dubai at all? Can the money be held in an overseas account while it is registered in Dubai? If not, if the money is to be held in Dubai, is there a certain type of bank account required onshore/in a free zone? Thank you
Aug 25, 2018
1910
Questions & Answers
UAE
Checking a case for defaulting on phone bill
Q: Good morning Sir, If there is some problem with DU billing, can they file a case for AED 2000? And if they file a case, how will I know about this because I don`t have the same number which I had it before?Aug 25, 2018
2388
Questions & Answers
UAE
Claiming unpaid salaries without having a work visa
Q: I am Venkatesh. I am working in one interior company in Sharjah. Nearly 2 months completed, but till now they didn`t pay my salary. I asked my company manager, owner and my agent, but no response. My agent told me tomorrow at 4 to have an appointment, then I tell you. I have a tourist visa only, so give me a suggestion.
Aug 24, 2018
1423
Questions & Answers
UAE
كف بحث من الشرطة للتعثر بسداد قرض
س: السلام عليكم أرجو التكرم بالرد على استفساري القانوني: كيف يمكن إزالة التعميم علي (كف بحث من الشرطة) كي أتمكن من اسئناف سداد قرض شخصي؟ تعرضت للفصل من عملي وغادرت لبلدي والآن وجدت عملاً في دبي، لكن البنك يرفض إجراء تسوية أو إزالة التعميم كي أعود وأعمل وأسدد. وجزاكم الله خيرا
Aug 24, 2018
1781
Questions & Answers
UAE
The meaning of case disposition and required action
Q: What does it mean when a case status in Ajman is dispositioned? It says there that the hearing decision is reserved for judgement.Aug 24, 2018
4982
Questions & Answers
UAE
كف بحث من الشرطة لعدم سداد قرض شخصي
س: السلام عليكم أرجو التكرم بالرد على استفساري القانوني: كيف يمكن إزالة التعميم علي (كف بحث من الشرطة) كي أتمكن من اسئناف سداد قرض شخصي؟ تعرضت للفصل من عملي وغادرت لبلدي والآن وجدت عملاً في دبي، لكن البنك يرفض إجراء تسوية أو إزالة التعميم كي أعود وأعمل وأسدد. وجزاكم الله خيراًAug 24, 2018
1567
Questions & Answers
UAE
Claiming an outstanding debt from a client in Dubai
Q: Hi, We run a small consulting and design firm in Cape Town, South Africa. We recently were commissioned by a client in Dubai to develop their brand strategy and revise their website. The last 25% payment is due and the client refuses to release this payment. It`s a small amount of around $2500. What are our options without finding ourselves in debt? Thank youAug 23, 2018
782
Questions & Answers
UAE
Returning to the UAE after leaving with pending loans
Q: Someone has a police case of credit cards, loans and absconding, and then got a job offer but the visa cannot be issued because of the cases. Can he or she be entitled to get a new visa so he or she can manage to pay the dues?Aug 23, 2018
3103
Questions & Answers
UAE
Termination during probation and claiming salary and passport
Q: Good day, My brother came on an employment visa, and after a while, they asked him to leave. So he simply asked to calculate his salary for these days and get his passport to search for another job. They refused and they asked for money to release the passport. My brother went to court and filed a case to retrieve the passport, but they said we can`t do anything as you have no ID or any identification documents. Please advise on what to do.Aug 23, 2018
957
Questions & Answers
UAE
Possibility of extradition from the UAE for a bounced cheque
Q: Dear Mr Naser, I am a dual UK - Iranian national and have a criminal judgment against me in Iran due to a bounced cheque. I have been sentenced to 1 year in prison. I am currently in the UAE, what is the probability of extradition to Iran to serve the sentence?Aug 23, 2018
1640
Questions & Answers
UAE
Consequences of resignation in a limited employment contract
Q: Hello, I am here on a limited contract of 2 years and I`m not interested in continuing my employment. My contract states that I`m liable for any "legal fees" for terminating the contract early. I`m still within my three-month probation period and I am wondering about a couple of things. Is there a penalty for leaving early? Do I have to give the standard 30-day notice? Am I liable for my own airfare home? Any other information you think would be helpful would also be greatly appreciated.Aug 22, 2018
684