Questions & Answers - Legal Advice Middle East

The right to change a primarily unallocated purchased property for inconvenience

Q: Hi There, I am about to buy a unit in JLT, Concorde Tower. The title deed indicates one space (not allocated). The allocation was only on a paper held by security. When I went to check the allocated space I realized it was very inconvenient and far. I requested the option to change but it was denied by the building management on the grounds that the spaces were assigned long time ago when the developer sold the units. No record of this. This allocated space is not even within the buildings own basement but next door on level 2 of DMCC land, as I understand. Do I have the right to claim a closer space? Even within DMCC, but closer? Thank you so much for your advice. Regards

Exiting a property purchase and seeking refund from the developer

Q: A client has entered into a contract for purchasing a property in instalments. The company had refused to give him a contract to sign, refused to assign him a representative and in turn, he has defaulted on at least one instalment. He wants to exit the contract but the company would not refund his deposit. What are his rights?

The company right to claim its debts upon liquidation

Q: I own a business in Abu Dhabi (I am the 100% direct owner and I have a local service agent) and one client based in Saudi Arabia didn`t pay us for two years. If I close the business in Abu Dhabi, can I still sue the Saudi company and claim the money in the court even though the company will no longer exist, or I still have to maintain the license active? Thanks

Claiming financial rights from a school upon termination

Q: I was a teacher in a private school. After two years of service, they terminated me and didn`t give me the salaries of 4 months. Now, after 3 months of the termination, they`re giving me the salaries after deduction of esi and without the payment of 10 cl as they promised. What should I do?

Working with a new employer on the visa of previous employer

Q: I was working without a visa, and without insurance for 10 months. My current employer knows from the beginning that I have problems with my previous company, as they didn`t cancel my visa. Then I had troubles with overstay. Our PRO first told me not to do anything, and then refused to help me. In the end, my employer said they will help me cancel everything and make a new visa for me, but it takes time. I paid my fine in immigration and I paid in labour. Even when I get the visa, the insurance company is asking me also to pay because I had no insurance. I should pay now for everything, and they even don`t show a proof me for what. I was working with them, and they should provide me insurance and visa from the beginning. They should have the quota and the PRO could help me from the beginning. They are cutting my salary without informing me before, and not in small amounts. It is the third month now, and I have no proof of what. What can I do?

What to do when the employer stops paying your salaries

Q: Hi Sir I am working in Dubai, and my employer did not pay our salaries since last 3 months. Whenever we ask for the salaries no one from the top management has an answer in this regard. We have to pay rent, food and other livelihood liabilities every month. Our families are dependent on us, so it`s very hard to survive. I am a bit confused what to do in this situation, could u please give a suggestion to get out from this situation? I don`t know when he is going to pay us, this situation is with all the employees in the company. Thank you.

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Breach of car repair obligation by the insurance company

Q: My insurance company (Oman Insurance) took 22 days to get an estimation of the reason being major damage. I inquired for a total loss and they said no as there was no chassis damage and the estimate was awaited. On the 24th day, I received a total loss offer letter from Oman Insurance asking to sign and acknowledge. I accepted the offer and sent back the document. 2 days later the garage told me that they were working in the car based on the word of the estimator in spite of no LPO. Oman insurance calls me and says that there was a miscommunication and the garage brought down the repair charges from AED 50000 to AED 20000 and that they will now proceed to fix the car. I did not agree with them as I found that the car had a chassis damage. Oman Insurance changed tune all of a sudden to the car only having minor damages and the chassis will be fixed. Can the insurance company take back an agreement on free will when an offer is accepted and has the company signature, seal and trade license?

Children without marriage cannot benefit from father's alimony

Q: Hi Sir, I have two kids and their father is a UAE national. He is currently working in the army, and im a Philipino national. Do my kids have a right to seek their father`s financial support even if we are not married?

Claiming money from the bank in false credit card transactions

Q: It`s a query regarding the fraudulent transactions on my credit card last March 31, 2017. I was having my annual leave in Manila, Philippines (March 10, 2017- March 30, 2017) and Japan (March 30, 2017- April 9, 2017), which I have all the boarding passes and copies of passport pages as a proof. The last time I used my credit card was in NAIA airport, the Philippines, to pay my travel tax for travelling to Japan and this proves that my credit card is in my possession while I was in Japan. But then on March 31, 2017, I received an SMS from Emirates NBD bank that my card has been used for Aramex (AED 174.01), Souq.com (AED 5,581.00) and Sharaf DG (AED 3,717.00) transactions for the total amount of AED 9472.01. I immediately called the bank and asked them to block my credit card on that same day. As soon as I was back in Dubai (April 9, 2017), I called the bank and filed a complaint. I also filed a police case which I also sent to the bank but still, they didn`t honour everything and threatening me every time.

Pressure tactics by the collection agent of a bank

Q: Hi Sir, I have a concern regarding the issue with a collection agent for RAK Bank. I didn`t pay my credit card debts for several months due to some family financial matter. Now, I am in trouble and put in a warning by the management for termination, because of the collection agent who keeps on sending emails to the company`s email addresses on our website. He is harassing me also and affecting my emotions, mental health and credibility in the company. I have informed him that I can provide a payment by next month, but he keeps on insisting to pay on 28 and sending to the company`s email address. What should I do?

Journey from offer letter to employment visa in the UAE

Q: Hello, I have accepted a job offer from the UAE and submitted the copy of passport, photo, scanned documents of certificates (Attested at the MoEA & UAE Embassy). Now, it has been 2 months plus, with no update from the employer. They are telling me that they`re still processing.

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Status of a partner who left Dubai without a proper company closure

Q: Hi. Could you please let me know, how much would it cost me to check up if there are any legal cases or immigration issues as I needed to check up for a relative? He had left Dubai for a family emergency, however, he was informed by a local typing agent in Dubai that he can`t return back. He never had any financial liability in Dubai but just did not cancel the visa, and could not close the company license he was a partner at. Thanks

Claiming passport from the sponsor upon cancellation of labour contract

Q: I don`t have my passport but labour relation office give me a paper to cancel my visa. My labour card and labour contract are already cancelled by the labour relation office. My passport is with the sponsor. So, please tell me what to do next. Should I just go to the immigration for cancellation or complain first to ask for my passport retention?

How to act against the accumulation of credit card debts

Q: Hi. I am seeking advice about outstanding credit card payments with various banks in the UAE, although I have done a lot of minimum payments to these cards. Now, I have come back to my home country and the outstanding amounts have been increasing. I suppose there are a case and travel ban against me. Please advise on what I should do?

Non-competition court case for joining a competitor

Q: My previous company filed a case in Dubai court, saying that as per my agreement with them I should not join the same field with a competitor of my previous company. In addition, they came to some amount and I got the news that they will file one case with more amount than the previous amount. So, is there any solution for this? How can I dismiss this case, as I have not done any crime?

The UAE ban: types, terms and exemptions

Q: I was working with a company in Dubai. As I got termination with the company I was trying for another job. Unfortunately, I had debts for the credit card and the bank filed case against me. My friends told me that I will get only a few months punishment if I surrender to the police. In addition, I don`t want to pay back to the bank. I surrendered there to the police and they took me to the court. The court sentenced me a month and they released after that, then the police took me to the immigration jail as they informed me that my company put my name on the absconding list. I was there at the immigration jail till I arranged my ticket, and they deported me to my country upon arranging the ticket with a lifetime ban from entry to the UAE. How can I lift my lifetime ban as it wasn`t my mistake? Please reply.