Questions & Answers - Legal Advice Middle East

Legal rights of the employee for termination during probation

Q: Dear Madam, I have an unlimited contract with the employer and I have not completed the 6-month probation period. The company gave me a termination letter without any warning letter before. 1. If I get a job in some other company, will I get a labour ban or not? Some people told me even if you have an unlimited contract, but your company terminated you under probation period. I must have completed 1 year to avoid the ban. Please advise me, what do I do? 2. The company gave me termination letter one day before my completion of the 6-month probation period. My question is that I joined the company on 27 August 2017 and the company gave me the termination letter on 26 February 2018, but if I count the days then it is 184 days, while 6 month means 180 days. Please advise? 3. If 184 days are considered 6 months what are my rights? Can I demand the company to pay my settlement, air tickets and half year leave salary... etc? The HR told me that under probation, the company do not pay me any benefits like back home tickets, gratuity...etc.

How to change the local partner upon the request of a set up LLC buyer

Q: Hi, I have a one-year-old LLC license which is established through a business set up company. Now, due to some financial issues, I am selling my company. I have a ready buyer for this but he didn`t want to keep the existing sponsor. On the other hand, the existing business set up company does not agree to transfer the sponsor and willing to keep the sponsor who belongs to them only. Please advise what I can do legally in this case. Thanks AS

The legal way of serving a legal notice to the tenant

Q: Can a 30-day notice be served to the tenant to pay outstanding rent via email in case the landlord is not in the UAE, or does it have to be in a prescribed format typed and attested by the notary?

Can we appoint outsourced employees to act as our employees?

Q: I have an investment consultancy in RAK free zone, and I have outsourced our Sales & Marketing activities to another company in the same free zone. The staff of the outsourced company then go in the field as our Marketing Director and Business Development Director - carrying our company’s business cards - and meet clients and prospects. I want to know if this is legally acceptable, since although it is an outsourced arrangement the people in the field are not on our `employment` as we do not sponsor them through our company (even though they are legal residents in the UAE with Emirates ID cards). So appreciate clarity in this regard with respect to applicable employment, residency... etc, rules and regulations. Thanks.

Cancelling a security deposit cheque upon cancellation of tenancy

Q: Is it possible to cancel a cheque without date which is given as a security deposit after the cancellation of tenancy contract with the landlord in Sharjah?

Liability for the compensation of a work accident injury

Q: I was involved in a car crash in my immediate line manager`s car in Abu Dhabi. We were stationary at lights when a second vehicle drove at speed into the back of the car, I was thrown violently forwards and cried out in pain when the seat belt restricted my forward movement and my neck made a cracking noise. The traffic police attended and called for an ambulance to take me to the emergency hospital for investigation and treatment. I was strapped to a spine board with my neck held in a brace. I was x-rayed and examined by the doctors and was told I had torn muscle tissue in my neck, for this injury they gave me medication that the company paid for. Eventually, my condition worsened and after an MRI scan, it was found that further injuries had been sustained.The police report made no mention of my injuries, yet the hospital report said the police had sent me and that I was injured. The third party insurers decline any responsibility as no injury was mentioned in the police report. What can I do?

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Actions to be taken against an alleged domestic violence claim

Q: Hello Team My wife has lodged a complaint against me for domestic violence. Though fight happened between us, her allegations are not correct. She also got a very light scratch on her face and report received from the hospital is life-threatening. What needs to be done?

Removing overstay fines mistakenly applied on a renewed passport

Q: I have had an investor visa with residence in 2014. In 2016 I went back to the UK, changed my name and got a new passport. When I came back to the UAE, they checked the visa in my old passport and stamped the new passport. Now, I am trying to renew but they have put fines on my new passport for 497 days since I entered with the new passport, however, my visa just expired on my old passport and no one can fix this issue. Is there anyone can help, as all I’m doing every day is going to one office to another and realistically I had a visa so these fines are not just? When I go to the immigration they tell me to go to the airport, and when I go there they say go somewhere else. My knowledge of Arabic language is limited, so I need legal representation as I know this is not a big issue.

The notice period for termination of the tenancy contract

Q: Dear Sir/Ma`am, I have rented a studio in Discovery Gardens, it was for 3 cheques and the tenancy contract started on Jan. 11, 2018. My first cheque was paid to cover the period until May 11, 2018. My issue is I am getting another job outside the UAE and I plan to vacate and terminate the contract on March 11, 2018. My question is, can I still get the remaining amount of 2 months or it can be used as a penalty for breaching the contract? Thanks, I will highly appreciate your opinion.

Procedure for releasing the passport of a guarantor from Dubai Courts

Q: Assalaam Alaikum, My name is Syed Majid, I want to know some details about one case. I have kept my passport as a guarantor for one person in a bounced cheque case, this person has got 2 months jail but he has already left the country for more than 1 year. He was in contact for few days but now he is not in contact. Now, my passport is in Dubai Courts and my visa is getting expired next month. I am stuck here and I want to go back my country. I am an educated person and have given my passport with a good intention to help. Can you please help or suggest me to get my passport back? Thank you

Removing travel ban after paying the fine of a bounced cheque

Q: I have a case of bounced cheque from one customer. The amount is AED 250000. The customer was called to Police Station and paid a fine of AED 30000. The question is, will the travel ban be removed or will it still be in place?

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Liability for the repair of water leakage from an upper apartment

Q: We were told that there was water leakage coming from our unit and the below unit has complained. There was no water leakage found in our unit during the inspection. The technician said his engineer will decide. A week later, the FM engineer from Al Shirawi called my husband and threatened us to quickly proceed with rectification works and our unit is fully responsible for paying all the costs. We have requested them in emails to justify that indicated in their 1-page report - hacking bedroom tiles, new bathroom floor and grouting work. They have not replied to justify why. OA Menu has a RULE 6 clause 6.5 on a shared cost factor. Up till now, the OA Manager from SAGA Intl. kept on insisting that our unit is to pay all costs including any third party testings. He also demanded me to furnish a copy of the POA to him as I am the one who replies to the emails. My husband is the owner and we are staying in the unit. Does the OA Manager have the right to ask for the POA and ignore the OA Menu on the shared cost clause? Many thanks.

Dependant visa status when the sponsor is changing job

Q: I am working in Dubai and have sponsored my wife who is also working in Dubai. Now, I have got another employment opportunity in Abu Dhabi, so I will not be able to hold my wife`s visa while my new visa gets issued. I will sponsor my wife again once I get a new visa but my question is, what will happen with her current job? Will she have to terminate the work contract because of the cancellation of visa?

طلب إعادة فتح باب المرافعة في قضية عمالية

س: السلام عليكم أنا عندى قضية عمالية وكانت قيمة المطالبة بالمبالغ هى 78000 ألف درهم، ولكن ليس هناك أى مستند يثبت أنني استلمت الراتب أو أن الشركه سلمتنى الراتب. فالشركه طلبت حلف اليمين، وفي يوم الجلسه التي كان يفترض أن أحلف بها اليمين حضرت متاخراً ولم يرضَ القاضي أن يسجل حضورى متأخراً وطلب مني أن أقدم طلباً لإعاده فتح باب المرافعة. تم تقديم الطلب ولكن تفاجأت أن الطلب رفض والمحكمة حكمت بتذكرة الطيران فقط بدون أي متعلقات أخرى وقد مر علي 8 أشهر عمل فى الشركة. أرجو الإفادة، ما الإجراء التالى لأحلف اليمين وأحصل على مستحقاتي؟ جزاكم الله خير.

Avoiding civil proceedings by the bank upon criminal case closure

Q: Dear Sir, I had a loan of AED 20,000 and I was paying my instalment every month until I lost my job. My outstanding amount was only AED 8000 by then, but hence I didn`t have a job and I couldn`t pay for 7 months. However, as I found a new job I started to pay again but a case was filed already by this time. I was jailed for 2 days and I was presented to the courts where they gave me a fine of AED 2000, then I was released. Now, the recovery department is calling me again and telling me to pay AED 14000 as they say that`s my current outstanding amount. They say that a civil case will be filed if I fail to pay. So what will happen if they filed a civil case? Please advice.

Travel ban effect on the family of the banned person

Q: Hi. I want to clear a doubt regarding travel ban. If a person has travel ban due to a cheque case, can his sponsored family like his wife or children travel to the UAE or not? Anybody, please give me a proper answer.