Questions & Answers - Legal Advice Middle East

Claiming end of service benefits and delayed salaries upon resignation

Q: I worked for my previous company based in TECOM, Dubai (Free Zone) for 3 years, during which period we had a lot of salary delays and got accumulated over time. By the time I resigned, 4 months and around 3 weeks salary were pending along with my settlement amount. Usually, all the amount need to be settled before the visa gets cancelled. But they convinced me (verbally), since there is no cash with the company at the time, that they would pay my pending amount as and when the salary is processed for the rest of the company. For that, they gave me a signed letter mentioning the total amount that the company owes me; but since my departure, 2 salaries have been processed in the company and I am yet to receive any. I have been regularly following up with them by mail and have only received "wait" response so far. Does this amount to cheating from their end? What are my legal options? Note: The company has been sued before for similar cases regarding payments by ex-employees / suppliers.

Rejection of clearance certificate for a previous cheque case

Q: Hi, I am outside of the UAE. I had a previous case for a bounced cheque with a bank in Dubai, going in front of the judge I was ordered to pay a fine, which I did and the case was cleared and I left the UAE. I have applied for an online police clearance certificate but it was rejected, does this mean there is an open case or due to the old case?

Checking travel ban for a possible bank case after leaving the UAE

Q: Hi Nikhat, I hope you are well and don`t mind messaging you. I saw your post about a police good conduct certificate. If I apply for one of these from outside the UAE, will it say if I have any open cases against me? I believe they are closed and would like to re-enter the UAE. Many thanks in advance for your advice. Kind regards

Payment of a commercial invoice with VAT

Q: We are purchasing some taxable material from the UAE, and our main contractor agrees to pay this material cost on behalf of us. So, in which name should the supplier issue the Invoice, the name of our main contractor or our name? And also please clarify Input Tax Claim method.

Removing a travel ban imposed for defaulting on credit cards

Q: Dear Madam Nikhat, I have outstanding amounts for two different banks on credit card. I lived in the UAE for almost 5 years and when I lost my job, I came back to home country and attempted many times applying for a visit visa to go back to the UAE. Unfortunately, all my visit visa applications were rejected and I came to know from the immigration department that I have got some AL Aman ban. After coming back to my home country, being jobless with no financial support I have paid (with the help of my relatives) installments on my credit cards upto 7months. I am getting emails from both banks regarding legal case & travel ban for not clearing the remaining outstanding amounts. I replied to them that I need time to go back to the UAE, get a job and clear my dues. Kindly advise, how can I settle these outstanding amounts, and is it possible to remove this ban? Thank you, Regards

Acting against a false accusation of a cheque case

Q: Hello Madam, I have been falsely accused by a company who has filed a complaint against me for a cheque I haven`t signed. I am not able to travel because of this. How do I resolve this? Please advise.

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Company sale and transfer of assets

Q: Hi, I would like to know if you have a service for the purchase of a company. We are a small company of 14 employees and we might be selling the company and would like to see how much it would cost for a legal advice and assistance. We are located in Dubai Al Qouz.

The significance of non-competition clause in employment contracts

Q: Employment non-competition evaluation. Employment contract section 11.

Do I get a labor ban after termination and salary delay?

Q: Good day Sir/Madam, My boss is delayed in giving me my salary and he told me that he doesn’t have money. After repeatedly talking to him, he told me he will be cancelling my employment with him. I am under unlimited contract and I joined my company Nov. 15, 2017. I signed my contract on Nov. 28, 2017. Will I get any ban?

Cancellation of visa after a labour complaint for unpaid salaries

Q: Hi, I`ve not been paid in almost 3 months, so I reported my employer to the Ministry of Labour but I am awaiting a hearing with a legal representative. I want to cancel my visa but my employer is insisting I serve 30 days` notice. How can I leave without being reported for absconding? I`ve also secured another job in another emirate so I want to resolve the issue rather quickly. Any advice would be greatly appreciated.

Liability of a restaurant for injury caused to customer

Q: Hi. We had an incident at a restaurant`s outdoor event for families. At their food stalls, there was nowhere any signs that the stalls are hot on the front customer-facing side or even covered. Kids were running around and accidentally our daughter touched one panel and got a severe 2nd-degree burn. This happened on Friday and we have been to hospital each day to change the dressing and cut off skin. I wonder if there is any legal action I can take against the restaurant, and what might the outcome be? Thanks

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محامي متخصص في عقود التوريد والتوزيع

س: أود أن أجد محامي متخصص في عقود التوزيع، حيث لدي منتج وأود أن أوقع عقود توريد بضاعة وتوزيع لطرف ثالث.

إجراءات رفع دعوى على مقاول أخل بالتزاماته

س: السلام عليكم ورحمة الله وبركاته عندي مقاول استلم مبلغ 200 ألف وما بنى إلى الآن حسب الاتفاق. هل أقدر أن أرفع عليه دعوى أمام القضاء مباشرةً؟ وكم المدة التي تحتاجها الدعوى تقريباً وهل أستطيع أن أكلف مقاول ثاني بالشغل والقضية بعدها جارية؟ مشكورين

الطعن بتهمة تزوير وتبديد لعدم حياد الخبير

س: السلام عليكم، لدي صديقان إخوة تم اتهامهم بالتبديد وتزوير محضر وحكمت محكمة الجزاء على المتهم الاول سنتين وإبعاد والثاني 6 أشهر. تم الاستئناف، ولعدم ثبوت التزوير خفضت التهمة إلى سنة وإلغاء الإبعاد وتأييد الحكم على المتهم الثاني. قيمة الأموال تقدر ب 800 ألف درهم وتم في محكمة الجزاء ندب خبير محاسبة والذي وضع كل طلبات جهة الادعاء مع تجاهل أي طلب للمتهمين من شهود وأوراق قدمت للخبير. تم الطعن في القضية. الأسئلة: كيف يتم إقناع قضاة الطعن بضرورة مراجعة القضية لعدم حياد الخبير؟ وكيف ستكون إجراءات القضية المدنية فيما بعد؟ وهنا أقصد في حالة التبديد هل سيتم دفع المبلغ كاملاً أو على دفعات شهرية كما هو الحال مع الشيكات؟ أرجو الافادة

Can a GCC national act as a local sponsor of the UAE LLC company?

Q: Can a Bahraini citizen be my local sponsor in the UAE? I have a Bahraini partner who will own 51% of an LLC company to be established in Abu Dhabi. Will this be sufficient or I will still need an Emirati citizen?

Deduction of paid housing allowance from salaries after termination

Q: I was employed in January with a 6-month probation period. My employer terminated the contract, with the notice period set to expire on 22 April. They are withholding my March and April salaries as they have advanced an accommodation allowance for 6 month`s rent. They want me to return the balance of the rent that they have paid from the end of my notice period. They have now proposed to deduct the rent balance from March and April salaries which would leave me with a salary of AED 1,500 for the two months. Can they do this?