Questions & Answers - Legal Advice Middle East

Wrongfully accused? You would have received a call by now

Q: We`ve been in a situation with another driver at the mall parking. While driving past us, she drove her car to block us. When we got out of the car, she was very angry with us. First, she was accusing us of saying the F word to her while we were in the car (We did not). Then she said that my wife was giving her the middle finger (Again, my wife did not). She was simply reaching out to wear the car seat belt.). No matter how much we tried to explain or calm her down, she insisted that she would report to the police. She then took our car plate no. and drove off. We`re 100% sure that we didn`t do any of the things she said. However, we`re not sure if that corner of the mall has a camera to prove our innocence. We`re really worried that this would turn into a serious matter and we don`t have a chance to explain ourselves. What do you suggest us to do in this case?

The employee's rights upon resignation from a government entity

Q: I worked for a Federal Government entity in the UAE; this entity was created by special decree so it doesn’t have a normal trade license or Labour contracts from MOL. Instead, we have signed employment contract which states it is governed by Labour Law of 1980, other federal laws and will be in the jurisdiction of Abu Dhabi. My employment visa is from the emirate of Dubai as the entity also had a branch in Dubai. I recently resigned from my job serving 3-month notice as mandated by the HR policy. My resignation got accepted within a day and I was advised that this day would be last working day, and my notice period has been waived off. I was just short by 15 days in completing 3 years of my service, and I had planned by cash flows assuming I would be getting paid for the next 3 months. Now, I am in a very bad situation as the employer is insisting I am not legally entitled to 3 months pay. I need your urgent advice on the matter as the Labour Ministry cannot get involved due to the absence of labour contract.

Penalty for a bounced cheque after defaulting on loan instalments

Q: Hi Sir, Please, I need your help. I had a loan from FGB bank. I almost paid instalments for three years. Now, I am not in that condition to pay. There are 3 instalments due and I am getting calls from the collection and they are about to file a case. Could you please help me to know the penalty I may get, as my outstanding amount is just AED 24K? I have an Abu Dhabi visa, and they threatened to file a case in Sharjah.

Filing complaint against a car insurance company for a repair delay

Q: I am planning to file a case against insurance providers as they took my car for repair eleven months ago, and they haven`t fixed and returned to me yet. Need some legal advice on filing a case against the insurance company.

Forcing employees to sign a non-competition agreement upon resignation

Q: Hi, I have been working in a free zone company for almost four years now. For the last six months, my salary was very irregular and I am receiving it around 25th of the next month. My issue is that I have decided to resign and move to another company. However, I heard that my company is now asking all the employees who are resigning to sign a non-competition document. This document states that we shall not work with any competitor for three years, even though this clause is not mentioned in my employment contract. Since I am working in a technical company and with my experience, I will only be able to find another job with a company which will be in one way or another a competitor. Is this legal? Can the company force me to sign the non-competition document? What will I do if they refuse to give my salary, end of service benefits and experience letter when I resign?

Fees, process and time needed for copyright registration in the UAE

Q: Hi, I would like to register my jewellery design in the UAE. Please advise on fees, process and time needed. Thanks.

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Travel ban check before passing through Dubai Airport transit

Q: Hi there. I planned to travel and go through Dubai Airport transit. How can I check if there is any travel ban and/ or case against me before travelling? Many thanks.

Obtaining a business license for tax consultancy in the UAE

Q: We are a branch of Chartered Accountant firm from India and we provide tax services to NRIs in the UAE. We are currently holding Businessmen Services License, but legally, the activities we are doing are not under the purview of this license. Hence, we would need advice on which license we should hold in order to provide tax consultancy in the UAE.

Denying the authorship of a letter by the university professor

Q: I have a problem with a letter that was provided to me at a University, and now the professor denies authorship. I have however email exchanges amongst the two of us that refer directly to the document.

How to know if a job offer is real or scam?

Q: Hey there. A company called A VISUAL DESIGN LLC wants me for a job, but they said that the new international artists working remotely from outside the UAE are not yet processed with ADC. In other words, freelance graphic artists, designers and animators must transfer USD 58.00 to the company in-house agents via the Western Union, in order to receive their incentive package and official terms of agreement via courier service. Is there a fee to cover Arabic translation and notary costs of the employment contract? The company says it must be physically received as per the UAE law, and I would like to know if that is a real law?

Safe way to detect a possible case and travel ban

Q: How can I check if there is any travel ban and/ or case against me before travelling?

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Institution of bounced cheques criminal case and restriction on travel

Q: My landlord filed a criminal case against me after my rental cheques bounced in Dubai, and police arrested me at Dubai Airport. Two days later, I was released from Dubai court after paying a fine. The landlord filed a case again after two days because I had another bounced cheque. I have now to report my self to police, and after two days I will pay the fine and get released from Dubai court. The question is if I pay the fine and no civil case filed yet, can I travel to my home country? Please advise me as per my problem. Thanks

Can absence from work without a lawful excuse lead to a lifetime ban?

Q: Dear Sir, My name is Sajid, from India- Kerala. I worked from 2011 to 2017 as a house servant in Dubai. In 2017, I travelled to India for my vacation. At the end of my vacation, I had some family issues and I couldn`t join my job back. My visa expired in June 2017, and I’m currently planning to find a job in the UAE. One of my friends just checked with the immigration and he informed me that my old sponsor made a complaint against me so that I have lifetime ban in the UAE. How to get information about the ban? If there is a ban, is it possible to remove it? Please help me. Yours faithfully, Sajid VH

Seeking an attorney specialized in financial services

Q: I am looking to engage with an attorney specialized in financial services (Securities/ Debt Capital Markets/ Regulatory).

Threatening with a travel ban for defaulting on credit card payments

Q: Good morning. I have defaulted on my credit cards payments in Dubai, and I`m planning to travel soon. How can you assist me to check whether I have a travel ban or not? I did not receive any notification, but the banks threatened to put a travel ban on me if I don`t pay. Is it safe to travel in such conditions?

Is presenting a security cheque to force contract obligations an illegal act?

Q: I sold my company to a purchaser and I had bank loans. We signed a contract with two main conditions: If he terminates me from Job, he will settle my loans immediately. By June 27, 2017, he will clear my loans or transfer in his name. If he fails to do so, he will give salaries for the delay period. He had given me one security cheque. When he didn`t meet any of the above conditions, I had to deposit the cheque. After the cheque bounced I made a police complaint. According to his lawyer, I was not supposed to deposit the cheque because it was just a security cheque. Now they are planning to file a case against me. Please advise what to do, I don`t have a job for the whole past year.