Questions & Answers - Legal Advice Middle East

Presenting evidence for deceit in defence of a bounced cheque case

Q: I need guidance regarding a civil case against my brother for issuing a cheque of AED 270000 having no sufficient amount in his account. The other person made some trade deal for selling precious stones to my brother and he took advance cheques from my brother and advance signatures on the invoice, LPO and delivery note. My brother trusted him but later he did not deliver anything to him and rather started blackmailing my brother to give the money otherwise he will make a civil case against him. My brother refused to pay any amount for the deal he never received, which resulted in making proper legal documents by the opposite party against my brother through a lawyer and made a civil case against my brother in Sharjah. Now, my brother is in Sharjah central jail since Jan 2017. Every month, he appears in the court and the judge asks him to pay money but he refuses every time & requests to call the opposite party to the court. However, neither he nor his lawyer appeared the last 10 months in court. I need guidance.

Employee's rights when forced to be downgraded

Q: Sir, I am employed in this company since April 13, 2011. I was recently informed that my company is cutting back on expenses, and I am no longer needed in my position. They offered to continue hiring me as Documents Controller for a lower unspecified salary. The reason is that they are abolishing my department for which I am the Manager receiving AED 21500 and AED 4500 housing allowance. Ultimately, I refused. So they decided to terminate me asap, and the termination letter will be given to me in a few days. Through your kind assistance, I wish to know what compensation is due to me for being terminated. By the way, just in case this info if significant in my case, I suffered a heart attack last September 7, 2017. I was welcomed back to work December 15, 2017, with a total leave of 96 days. I do not wish to continue because their treatment for me since reporting back is not the same, the new general manager is aloof and disrespectful towards me. Thank you in advance. Regards, MELVIN ESTEPA

Consequences of failing to return to work after vacation

Q: Good day. My friend left the UAE last Oct. 2016 for vacation, but unfortunately, he didn`t come back because of family matters. His in-law family says that he cant come back to the UAE because they put some cases against him so that he stays here in the Philippines. Is there a possibility that he can check it, even he is outside the UAE? He likes to go back to the UAE.

Checking a case or travel ban after clearing a bank debt

Q: I left the UAE in 2009 having cleared my bank debt. In 2011, I travelled back to Dubai for work without any issues. Recently, I received a mail from a supposed debt collection firm based in Sharjah claiming I owed money to another bank. They could not send me any details and therefore, I thought it might be a scam. To be on the side of caution, as I am due to travel back to Dubai, I would like to check if there is any case or travel ban against me. I look forward to hearing from you. Kind regards Steve.

Early resignation in unlimited employment contract

Q: Dear Sir, I would like to seek advice for my daughter (21 years old). She works in a trading company in Dubai with Unlimited Term employment contract from 21/11/2017. She works as a Sales Executive under the provision of a month of probation period. If she resigns from this job, will she be banned? Will she pay AED 7,000 as written in her Job Offer Letter? Thank you

How to change job if the employer refuses to cancel your visa?

Q: Hello Sir/ Ma’am, I`m working in a company and my basic salary is AED 800. I have a new job offer, so I want to do cancellation but the owner does not accept to cancel my visa. So please, can u advise?

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Good conduct certificate in case of unsettled credit card

Q: I was a resident of Dubai around 10 years back, and during that time I had some credit card balances which I never paid back. I don`t remember if I had signed any security cheque that time. I want to settle the debt, but before starting a negotiation with the bank I would like to know if there is a police case against me. Is it a good idea to try and apply for the police good conduct certificate? If there is any case, how will the certificate look like? Will I get the case details on the certificate or no certificate at all? Also, during that time I did not have any Emirates ID., can I apply even without the Emirates ID?

Rejection of a UAE employment visa without any obvious reason

Q: Hi, I am an Indian doctor, and I have worked in the UAE for several years earlier. Recently my employment visa is rejected. I have no bank loan/ no driving fine and no criminal/ anti-social activity. I request your legal help. Dr A.S. Please provide your email/ mobile contact.

Checking a possible ban or case after leaving the UAE

Q: Hi, I worked in Dubai between 2005- 09. I left with possible outstanding debt. How do I find out if a police file has been opened against me and what should be my next steps?

Non-compliance with the dissolution agreement of a business partnership

Q: I had a partnership in a business before, but I agreed with my partner to sign a cancellation of partnership and he will pay me back my capital every month. He didn`t pay and it`s already 2 weeks. I filed a case in the public prosecution but it was rejected as the prosecutor is saying that it should go to the civil court. I don`t have the 10% for the civil court. Is there any other way to proceed with this?

Cost and proceedings of a mutually-agreed divorce in the UAE

Q: Salam. Would like to know, how one can initiate divorce in the UAE, both husband and wife are willing to separate. How long will the process be, if one goes to court on own? And if one takes assistance from a Lawyer, how fast it can be done and what could be total approx. cost? Thanks

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Can I claim compensation for termination during probation period?

Q: Dear Sir, I was on the probation period and my company terminated the contract without any notice and stopped my services the same day. Now, please guide me. Can I claim any compensation salary for the upcoming month(s)?

Rental dispute over early termination penalty clause

Q: My tenancy contract was made until September 2018, but I`m losing my job now. Therefore, I have to terminate my contract with a one month notice. But the landlord is asking for two extra months rent after my eviction period also. Please advise me about this.

Setting up a branch of the foreign company in the UAE

Q: Hi, We are a building contractor from South East Asia, looking to set up a 100% self-owned branch office in Dubai. Our activities will require us to have a contracting licence and import building materials into the UAE. What are the business structures that allow us to apply for a contracting licence and import building materials?

Conditions for applying a vague non-competition clause

Q: Hello, I would like to know if a non-competition clause also applies when starting a similar business in a niche industry. My non-competition clause is very vague and does not specify the area, industry and it`s for 2 years. Does this hold up? And if it doesn`t, could they file a civil case? Thank you!

Leaving the UAE without proper employment visa cancellation

Q: In 2013, I was working in the UAE on an employment visa. I had to return back to India in short time with the intention of joining back in a week`s time but the situation didn`t permit. Hence, my visa was not cancelled. I also had a horrible employer and they used to deduct money from my salary for mistakes that happened or losses that occurred to the company because of my negligence. That way I had AED 600 due to them. I don`t know whether they have put any ban on me or whether they reported me as absconding or if any other charges have been framed against me. Just when I informed them that I am not joining back, they sent an email asking me to send my passport for cancellation and pay AED 600. However, I couldn`t trust sending the passport by courier for visa cancellation. Now, I would like to travel on a visit visa to Dubai with my family. It`s been more than 4 years now but I am afraid if there is any kind of case filed against me then I will be detained at the airport or will be asked to pay a heavy fine.