Questions & Answers - Legal Advice Middle East

Premature resignation from a limited labour contract without notice

Q: I resigned from a two-year labour contract without notice. I did not complete the contract term, but I worked more than one year and eight months. Do I get a labour ban?

Effects of resignation during probation

Q: Hi. I am on an unlimited contract as a project manager at a company in Dubai. I resigned from my job during the probation period, as I had to leave the country urgently and couldn`t work for more than three weeks of my notice period. The company is asking me to pay them 45 days compensation as per my full salary and not my basic salary. First, are they entitled to any payment from me? Secondly, could they ask for payment as per my full salary or only basic salary? I appreciate any help on this issue. Thank you.

Legal proceedings against the employer for salary delay

Q: Hello. I am working in a company in Abu Dhabi for more than one year now, and my pending salaries have not been paid for more than four months. Every time I ask them about the salary, they just tell me to wait. I even have WPS, but no money comes in there too. I have told the owner of my company many times. They just delay from week to week. Kindly help me and tell me what should I do next. I am in a lot of trouble already. Thank you.

Rules governing the notice period upon termination of employment

Q: Dear Sir, I would like to know more about the notice period to terminate a person in Ajman Free Zone and how to implement it. My friend got a notice period upon termination without a specific time mentioned in the letter. Instead, it mentioned, "as extended up to handover". Is this valid as can it be extended for more than the agreed terms, which is 1 month from the termination or resignation as per the labour agreement? Please advise. My friend is working at this company as a manager for the last 5 years, and the contract is unlimited. Salary is AED 30K.

Consequences of sublease without the approval of the landlord

Q: Hello Sir, I was staying in an apartment with a friend in Sharjah and I relocated to Dubai before the end of the tenancy. The tenancy contract was in my name. I wrote an agreement with my friend to transfer the contract to his name or cancel at the expiration. When the contract ended he could not transfer and refused to cancel, so he started paying by cash to the real estate and owed them a huge amount and they opened a case against me at the municipality. I went with him and he sent a request letter to the Judge to transfer the debt to him stating that the debt belongs to him but it was not approved. Now, I have started paying the debt, can I use that his request and our agreement to open a case against him at the police or at the court? Thank you

Refund of money transferred

Q: In July 2016, I sent a big amount of money by telegraphic transfer within the UAE when I opened the account with UT market. The company shut down at the end of last year with all money invested. I have the Agreement with me and a copy of the Application for the telegraphic transfer. Any chance the money can be returned? Thank you, Mary

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Drafting agreements and setup documentation for a startup

Q: Hi, I am looking for legal advice pertaining to setting up a startup in the UAE. Specific elements would be pertaining to formulating customer disclaimers, client contracts, company partnership, setup documentation, etc. Appreciate your support. Regards, Deepak

Can I work in other GCC countries if I have unpaid bank debts in the UAE?

Q: Greeting! My name is Fazil Hussain, I was working in the UAE for past 5 years, I have a personal loan of 80,000 from ADCB Bank in Dubai. I never missed a single EMI to the bank and had good records. But I lost my job, so had to come back to India. I wanted to go back to Dubai and search for a job but the bank said they have blocked my visa and I cannot get a job there. I replied to the bank by email that if they block my visa then how can I find a job in Dubai and how should I pay my outstanding balance on the personal loan. I can pay my loan only if I get a job in the UAE... Please help me with your advice, I can pay the outstanding only if I work in GCC. I can`t afford to pay from India. I want to pay my outstanding and clear it. Can the bank give me NOC to work in Dubai and pay their loan? And I want to know, is it possible if I go to Saudi Arabia and do a job and pay my installments to the bank in the UAE?

VAT and its application for a broker selling third-party goods in the UAE

Q: Hi, We are a third party portal acting as a broker. We are selling products in the UAE on behalf of retailers. However, we invoice end users including the VAT. Our model is based on commission which means that X% amount of net amount will be retained and the remaining will be transferred to retailers. How to handle this legally between us and the retailers: 1. Do we apply VAT? How do we transfer to retailers as we cannot invoice them? 2. Can we claim back the VAT as the initial retailers have paid VAT on products already? Thank you

Filing a labour complaint against a free zone company for non-payment of salary

Q: I am working in a Dubai based company (free zone) for 3 years now. I have not been paid my salary for past 7 months. My employer has lots of influence and is not afraid if I file a case on him. If I resign I`m afraid he wouldn`t pay me anything. I`m in desperate need of money. Please help.

Is consent of Muslim bride's father necessary for the marriage?

Q: Issue: The refusal of Arabic woman`s parents to meet a righteous Muslim foreigner for the proposal of their daughter`s hand in marriage.

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Refund of reservation amount paid for real estate property in Dubai

Q: I reserved a unit with Azizi and while paying my first instalment I was billed twice by them. They apologised for the mistake and agreed to reverse the amount within a week but they took more than a month and a half to return my money after repeated calls & follow up. I`ve paid the booking amount, the first instalment, Oqood fees and their administration fees. I have only signed a reservation form with them and no terms and conditions have been mentioned about cancellation which I guess should be there in the SPA and not in the reservation form. I would like to know if it is possible to cancel my purchase at this stage (I have not signed the SPA yet)? They have not registered my unit online on Oqood as yet so can I ask them not to do this as I wish to cancel? What amount will be refunded by them if I cancel? Can the DLD set a deadline with terms and conditions for them to return the required amount so that I get it as soon as possible? Your guidance will be highly appreciated.

Attestation of a fake degree for the purpose of employment in the UAE

Q: A person living in Sharjah took the fake degree to the foreign office of Pakistan in Sharjah for attestation. All the attestation in Pakistan were forged, however, the foreign office in Sharjah only object the UAE embassy stamp, and handed over the person to Police. Then he was presented to the court. Now the court orders that person to present the duplicate degree with the original stamp of UAE embassy. The problem is that the degree is fake, how can a duplicate be obtained and how the original attestation can be done? Passport of the person is confiscated by the court. Any advice how can he be free. The person is not educated and he only did this act to obtain a good job, although the act cannot be excused whatsoever the reason was.

Can a landlord evict a tenant for the delay in payment of rent?

Q: I am in the process of renewing my tenancy contract. It`s already been 10 days since my last contract expired. However, I have asked the landlord for a grace period of 3 weeks to hand over the rent cheques (3) for the year. The landlord is threatening to evict me... please advise what I should do. I am in a financial situation and can pay only after 3 weeks. My family and children are with me.

Role of business development staff in a consultancy company

Q: I would like to enquire the legal right of a Business Consultancy company when a Business Development Staff conducts introductions outside the office and without the knowledge of the office.

Shipping contract dispute: Importance of 'entire agreement clause'

Q: Hi, I have a contract with a moving company to ship my possessions from Abu Dhabi to Melbourne. The moving service is paid in full. There are storage charges of approx AED1200 pending and this is no issue for me to pay. I raised a query about reassembly of furniture at the destination, the contract contradicted verbal advice so before signing the contract I crossed out the parts saying that I do not receive reassembly of my furniture at the destination and highlighted this to the moving company - they did not dispute this. The company have now refused reassembly service so I suggested we remediate the issue by reducing the amount owed for storage fees, as I will need to hire a contractor at the destination to assemble the furniture. Now the moving company is holding my shipment until I pay the storage fees, AND are refusing to approve reassembly service. What are my options? Thank you