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UAE

Employer's liability in case of revoking an offer letter

Q: An offer letter was received from Abu Dhabi. Last January, the security approval request was submitted by the company to the local government authorities to proceed with the employment visa application on my behalf. Since then, there has been no feedback. Lately, the employer said they`re not sure they can secure a visa for me. What are my options? I assume the offer letter is legally binding, right? I should note that it was extended to me to sign without prior signature and seal of the company. What`s my standing?
Questions & Answers
UAE

Forcing cancellation upon termination before paying entitlements

Q: My company terminated my contract 6 days before the probation period ended. They owe me 1 month`s salary (AED 10,000) and are forcing me to sign the visa cancellation paper before giving me my dues. What do I do?
Questions & Answers
UAE

Checking potential police cases filed by the bank

Q: Hi Ahmed, I would like to hire you to check any potential police cases by the bank due to losing my job and leaving the UAE. I saw the fee which I am happy to pay, and I would just like to confirm if this is still a service you provide. Kind regards
Questions & Answers
UAE

Seeking the application of American law in a divorce case

Q: My husband and I are both Americans. He wants to divorce in Abu Dhabi, but I don’t want to divorce in here because he is going to leave after divorce. We have been married for 16 years and have a 14-year-old and 12-year-old boys. I want to divorce in America and he wants me to sign the divorce paper. So, do I have the right to reject divorce in the UAE and only accept it in America? Thank you!
Questions & Answers
UAE

Travel ban and case check service on Legal Advice Middle East

Q: Hi, Do you still offer the service to check on outstanding police cases in the UAE? I am happy to pay the fee listed. Kind regards
Questions & Answers
UAE

Resignation during probation for health reasons

Q: I work for an IT company in Dubai which doesn`t belong to any free zones. I am working for last 4 months. My probation is getting over on the 19th of May 2018. I am on my spouse`s visa. The company has only issued me a labour card. I have conceived recently and I wish to resign due to health reasons. I want to understand the law in such case, notice period, and the actions that the company can take.
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Questions & Answers
UAE

Acting against the abscondment of an employee after resignation

Q: I am in the HR of a company in DAFZA. I have an employee who resigned and he said he will freeze his family residency and he will come to sign his cancellation paper and take his end of service cheque, but he simply disappeared. What should our company do in this scenario? We still did not apply for his cancellation based on his request but we have his resignation paper. Thanks
Questions & Answers
UAE

Liability of an employee for making a wrong payment

Q: If in any case that our system was hacked, and by mistake, a payment transfer was done and sent to a wrong bank account which is the bank account of the hacker, will the one who sent the payment be liable to pay the amount transferred to the hackers? Does the company have the right to file a case against the employee who made the mistake?
Questions & Answers
UAE

Police fine for car break down after hitting an unknown substance

Q: Hi, I have received a fine amount of AED 500 for the reason that my vehicle broke down on the Al Salam Street near pineapple building on 16-03-2018 (Friday). There was some unknown substance on the road, because of which 4 other vehicles broke down. Police came to the spot and helped us move the vehicles using towing service. On request, they did not provide us with any report of the incident. I was driving a rented car from Shift Car Rentals and they insisted to get a police report, else all the charges of the damage would be on me. Hence on 18-03-2018, I went to request an incident report from the police. The officer did investigate and said he is going to mention that I had hit a substance. I said it is fine and he proceeded with the report. I was never told that I would be fined for this reason. It`s not my mistake that there was something on the road which even the police could not find when they had come to help us. I do not know why am I fined for no reason. Kindly assist.
Questions & Answers
UAE

Applicability of Dubai One Day Court procedures in other emirates

Q: I would like to ask if the One Day Court process for minor financial issues in Dubai is also applicable in other emirates in the UAE.
Questions & Answers
UAE

Civil claim for breach of agreement and defamation counterclaim

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, this 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.
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Questions & Answers
UAE

The legal way of notifying the tenant about the 10% rent increase

Q: I am a landlord who sent a notarized legal notice to my tenant for a 10% rent increase in accordance with RERA calculations. The notice was sent to the tenant residence address via ARAMEX 4 months before the contract expiry date. I have a receipt for the delivery. Is my action legally sound and do I need to do anything else?
Questions & Answers
UAE

Liability of resignation before the commencement of work

Q: Hi, I have signed a contract that should be effective by 1st April 2018. It`s an unlimited contract in Dubai and I live in Egypt. I have some circumstances that may prevent me from travelling. If I send an email to terminate the contract, should I pay anything? Do I have to give them a notice period during the probation period or before the contract is effective?
Questions & Answers
UAE

Rights of the employee upon resignation for salary delay

Q: If salary is given delayed by the employers for 3 months and the employee filed for resignation, is the employer capable of giving a ban to the employee? And is it legal to deduct 45 days from the settlement because the contract was not finished?
Questions & Answers
UAE

Am I entitled to the gratuity if I resign from a limited term contract?

Q: I have been working on a limited contract with a company for 8 years. I kept on renewing the same contract every 2 years. Last year in April 2017, I renewed the same contract. This year, in March 2018, I resigned from my job and I am serving my notice period for one month. Will I get my gratuity? Do I have to pay my compensation fee? I`m a qualified accountant. Can the company put a ban on me?
Questions & Answers
UAE

Understanding the rights of the husband during divorce

Q: Hi, I’ve been married for 7 years with two beautiful children and we are expats living in Dubai (British). We decided to get divorced and I wanted to understand my rights in regards to the family name as she’s in media and uses my children as pawns on social media sites. She also puts up pictures that I don’t want to be associated with my family for legal reasons (alcohol-related as she doesn’t have a license and hosts paid media events illegally). Can I force her to change her surname? Do I have any rights over what pictures of my children are put up on media platforms? Do I have any rights over my family name relating to social media? Thank you