Questions & Answers - Legal Advice Middle East

Medical treatment dues for a hospital held by employer

Q: I was admitted to a hospital in Dubai because of a serious viral disease in January 2012, and I was told by my employer that he has settled the bill. Now, I come to know that my bill is not settled and the ownership of the company has changed. Please advise me.

Claiming benefits from employer according to the last salary paid

Q: Dear Sir, I want to ask a question. I am currently working in a small workshop that includes 10 workers. My employer made my salary in the labour contract AED 700 per month, but after one year I got a driving license and he increased my salary to AED 2000. Now I have no proof that he increased my salary, but I have salary card that mentions AED 2000. If I file a case in the labour court that he did not give me my salary for the last 4 months, then which salary does the court count, 700 or 2000?

Does a business partner get banned for staying one year outside the UAE?

Q: Assalam Alaikum, I shall be grateful if you answer the following query. A person holding a partner visa, with a clean record overall, leaves the UAE and stays outside for a year. The only payable dues would be his sponsor`s amount. How can he return to UAE? Will there be a ban on him? Your reply would work wonderfully for me. Thanks and regards, Ali Jawad

Alternative dispute resolution between the owners of a company

Q: I have co-founded a UAQ FZ this year and I am in a dispute with my co-founder. We had several discussions on discontinuing the partnership after our license expires. I had an uneven share of responsibilities and have voiced this for a while, even to our advisor during mediation sessions. We built our community, social media, and email database together. I said we should leave with the partners we brought in and go our separate ways once our license expired. All costs for the business have been paid equally. With few months left of our license, my partner blocked me from my email and access to our database. The domain and email are in his name, and he is holding these as a hostage even though I am 49% owner. I understand he is 51% owner and manager, but does he has the right to do this and hold the company domain and email under his account? He is abusing his role as a manager and domain owner, and I wanted to know what my legal rights are here as co-owner.

Seeking father's sponsorship of a child conceived before marriage

Q: My friend got married to a person whom she met on a matrimonial site and is currently working with Etihad airlines, Abu Dhabi. She is his second wife now and his first wife and 11-year-old girl are living in Abu Dhabi with him for the last 11 years. Now, her terms with her husband are not good since she got to know of his other hidden affairs too. She was working in Dubai for the last 2 years when she met him, during which he never told her he is married. She has a 2-month-old boy who was born out of wedlock. She conceived at the end of December 2016 when she was in Dubai, and they got married in India on 7th July 2017. 1. Can the husband sponsor the children of his second wife in the UAE on his family visa? 2. What are the legal charges if the husband decides to confess to the adultery committed by them? Is it possible still from his side to confess and they both are married now, but she conceived the child in the UAE before marriage? 3. Can a legal marriage contract be signed now drafting the terms?

Claiming security cheque and gratuity held by employer upon resignation

Q: I joined a Dubai based company as GM in May 2016 and resigned with a one-month notice from 1-05-17 to 31-05-17. My boss told me to prepare accounts and clear issues ‘AFTER MY RESIGNATION’ (Used these words specifically in a letter) and took a security cheque (Blank dated) with a letter signed to this effect. Within 37 days I compiled that data with satisfaction on 7-06-2017, and in the presence of auditors, my boss processed my visa cancellation. My boss advised verbally to collect my gratuity and security cheque later on. After one month of cancellation, my boss filed a complaint in the Labour Department that I joined his competitors whom I started working with them. Four months after cancellation, he deposited my security cheque in the bank without my knowledge and it was dishonoured. I filed a complaint in Labour, but the matter was referred to the court. My boss did not recruit a new GM for the last five months, and things got messed up. Now, he is putting all the blame on me for his mismanagement and I am working in a new company now. I want my security cheque back with my Gratuity. Please advise.

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Precautions of resigning from a company conducting illegal activities

Q: Dear Sir/ Madam. I am working in Sharjah on a limited contract as a chemical engineer. Since last month, my company started to use some illegal chemical. So I sent an email and warned them to stop that. However, in response, they abused and threatened me. In this environment, I resigned from the job with a 6-week notice and continued doing my duties as normal. I have a doubt that after the notice period they might refuse to cancel my visa or delay the cancellation. Please advise me what can I do in this situation. I also mentioned in resignation that the reason for leaving is due to the illegal activities of the company.

Working on a visit visa without labour contract

Q: Hi. I am here in the UAE on a visit visa. A company gave me an offer letter, but it`s already 2 months since I`m working here and still, they did not process my employment visa. Now, my visit visa is going to expire soon. If they do not make my visa, can I file a case on the basis of offer letter? Where can I go for justice, and what do I have to do? Please advise me. Thanks

Notice period applied in free zones

Q: I have been working in JLT free zone (DMCC) company. As per my employment contract with the company, the notice period is 90 days. However, as per the law, the notice period is 30 days. Could you please advise me which period will prevail in this case?

Upgrading designation and salary upon changing job duties

Q: I am an employee in a company in Dubai since the last two years, with an unlimited contract and my total salary is AED 3000 (Joining date: 01/01/2016). In the first year, I was doing an operational activity in a logistics company like documentation of all import/ export Inquiries (Designation in visa: Client Service Clerk). In addition, I was helping the accountant as an assistant because the management decided that I shall help him in accounts. I am an employee with a postgraduate degree (M.Com Degree). On the 4th January 2017, our accountant (Designation: Accounts Manager) left the company due to personal reasons. His salary was while joining AED 5000, and when he left the company after two years and a half that time was AED 6200. The management asked me to take the position of an accountant and I accepted it. I was thinking that I will get AED 5000 salary of an accountant from the next month, but till this date, after 10 months, I am getting AED 3000. I asked several times to change my designation and upgrade my salary, but they are giving the same answer that the company is at a loss.

Dynamic equity split

Q: I am looking to get my tech startup incorporated and I recently read a book called "The Founder`s Dilemma" that talked about the importance of a Dynamic Equity Split. I would like to know if it`s possible here in the UAE, how I would do it and where, and if the lawyer answering this question would personally recommend it.

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How can I check the immigration status of my friend who absconded from Dubai?

Q: Hi there, My friend absconded from Dubai in 2008/2009 leaving behind a small amount of credit card debt in Dubai and also left her employment without resigning properly. If my friend was to fly to Doha, Qatar would this cause a problem? My friend has never been chased by the UAE bank and has never heard from. Is it possible to check my friend`s immigration status?

Intentions of employer

Q: Good morning Sir, First of all my name is Brian, I work in an Abu Dhabi company and now our contract is until Nov 30, 2017. Now they make a letter and gave to us stated below, "In accordance to the above contract agreement, it is hereby informed that our service provided at (present location) is due for contract completion effective on 30th of November 2017. "On renewal of the contract our service shall be continued for further period. "However, if the contract is not awarded and our services become redundant, all concerned staff assigned at (present location) shall be processed for cancellation of documents and subsequently prepared for departure." And now they are forcing us to sign the letter, and do not tell the reason for that. Even one of my colleagues has an offer letter, they still didn`t want to release him. What should I do? Should I sign?

What legal action can I take if my salary is always delayed?

Q: Is there any legal action if I complain on my employer that my salary is always delayed? Like this September salary which until now, end of October, is still not paid. What can I do with this? They always delay the salary.

Is there any career for Company Secretary in the UAE?

Q: Which Corporate and Taxation Laws are applicable in the UAE? I am a Company Secretary from India. Is there any career for Company Secretary in the UAE?

Am I entitled to compensation if my employer asks me to submit resignation?

Q: I have worked in a company for 3 and half years under a contract for an unlimited period. A month ago my employer asked me to sign on a resignation letter with immediate effect. He promised to give me a 3-month salary and other benefits. After a month only gratuity and leave pay have been deposited to my bank account. As per the UAE labour law do I have the right to claim for 3-month salary?