Questions & Answers - Legal Advice Middle East

Photography copyrights

Q: Dear Sir, I am a professional photographer. I want to get my photographs protected worldwide. How is it possible? And what all documents are needed? Many thanks

Can I quit the job if I didn't sign any documents yet?

Q: Hello, My question is: I went for a job interview in Dubai based very small company. They gave me an offer only verbally (no offer letter, no signed contract), I accepted. I worked for 2 days only because I did not like the job. I have also given my passport copy (only 1st page) and my visit visa copy. Now company owner says my visa is under process. Can I leave this job now? Can I go back to my country?

Amendments to the Law No. (23) of 1991 On the Regulation of the Legal Profession

Q: I have read somewhere that Federal Law No.23 (1991) regulating the legal profession has been superseded by Federal Law No.3 (2012) regulating the legal profession and Decree 666 (2015) regulating the legal profession. However, I cannot find these newer laws on this website. Would a knowledgeable lawyer confirm this and explain how the articles covering conflict of interest between lawyer and client have changed? In particular how article 40 of Fed Law No.23 (1991) has been amended.

What to do if your employer forces you to sign the agreement

Q: The employer says if you do not sign the Agreement you will not receive your entitlement. What law does this violate? *This is used so the employer can force an employee to sign.

Can your bank loan affect your end of service benefits?

Q: If you are fired from your job of 10 years and you have a loan, what will happen with UAE law? Can you lose your end of service benefits?

Termination of tenancy because of noisy neighbours

Q: Hi Lawyers, I badly need some help with regards to my tenancy contract in Sharjah. Basically, I am staying in my current apartment for almost a year now (I just renewed last June 2017 for my 2nd year contract). However, recently there was a new tenant who moved into the same floor with us (just a few units away from my unit). To cut the story short their kids are making noise on our floor. I have reported the issue to the building management which they took action, however, after few months the kids are starting to make noises again which really are affecting our privacy. Now, I have finally decided to cancel my contract with the company and I was hoping I can do it in a legal way. Will I get a penalty for doing this? Also, will I be able to take back my post dated check with them? I was thinking maybe moving to a new unit (1 bedroom) in the same building or whatever the company can offer. Thank you in advance.

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Labour complaint and liability of the employer

Q: My husband filed a labor complaint in court and the demand was 200,000 AED including the delayed salary (6months)+gratuity+reimbursement claim for medical insurance under company + immigration fine due to the failure of renewing his visa. The court judgment is only 46,000 and his salary as per contract is 9,000 while the current salary where most of the delays were made is 12,000 AED. What is the basis of judgement in your opinion? Did they base it on BASIC SALARY for the delayed + gratuity? Do we need to appeal against the court decision, because we are afraid that we might lose even this money as we cannot afford to hire a lawyer? Moreover, we paid the immigration fine of 10,000 AED from our pocket as they said it has nothing to do with the case. Can you please enlighten because of what his company did to us lead us to lending money and we are expecting at least to get the 6 months full salary + gratuity and the fines that we pay for overstay due to this company.

Travel ban check

Q: I want to know is there any Travel BAN for me. I didn`t pay my credit card payments for 3 months, I am still in the U.A.E. I am going to India for annual vacation for one month. I`m trying to settle one credit card amount and I also missed last month payment for a 2nd credit card. Is it correct, If I have AED 150 due on Etisalat bill I can`t go outside the U.A.E.?

How to lift one-year labour ban

Q: Hi Sir, Myself Rijo, presently I am facing one-year labour ban (as per my knowledge and same mentioned in cancellation paper too). Now I have a new offer with DMCC free zone but things were not processed because of this ban. DMCC asked me for the immigration clearance. How can I clear this? My previous contract was under limited term so even salary basis also is not helping me. From other sites I came to know it is possible but still have no idea how, so can you suggest me a solution?

Car selling fraud

Q: I had a deal with a transport company to buy a vehicle. I had given them post-dated cheques to hand over the vehicle to me. After that, neither they handed over the vehicle nor returned the cheques. I tried to contact them but all in vain. In the end, I had registered a case in Dubai Courts. The case was referred to AMICABLE Disputes Department. No one from that company came for the hearing. A guy in AMICABLE Department told me that they tried to contact the company on contact details e.g. mobile number, landline and fax & physical address provided on their trade license but could not have a contact. So I was told that the case will be referred back to Dubai Courts and I need to get a hearing date from the Judge. Yesterday I approached the bank and asked them if I can block the issued cheques and I was told that yes, it can be done. My question is that, will it be a wise step to block the cheques and continue the case in court? Kindly suggest. Thank You. Regards.

How to release your passport from the court

Q: I have given my passport to release a friend last year and he is not unwilling to put his passport down to release my passport. Now, my visa is expiring and I need to renew my visa. What can I do?

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How to renew visas for your family if you have a ban

Q: Yesterday I went to renew my kids` visas and only to find out that I have a ban. Can you help me in this matter?

How to remove a person from the UAE blacklist?

Q: My wife worked in the UAE in 2013 for 2 months and had a medical issue so the company send her back to her country. Now, after 4 years I`m going to issue her visit visa but there is a problem with issuing a visa for her. Travel agent says she is blacklisted in the UAE. So how can I remove her from the blacklist?

What to do if your lawyer doesn't meet your requirements

Q: Hi, I have approached a lawyer because they promised to solve my case in a weeks time. I went and paid the fees on 9th of July and got 3 copies attested from Dubai courts and submitted all. I have been hearing from them that they will do it today, tomorrow and it`s been nearly a month and case manager is just telling "today, tomorrow". I have lost trust and hopes. I approached them for a solution and they promised it within a week, not in 3 weeks, and they have not even sent the legal notice. Please advise what should I do?

How to exit from a binding lease contract

Q: I am currently renting a 3-bedroom apartment in Dubai Marina, with the rent of AED 200,000 per year paid in 4 cheques. The lease is a 2-year lease, which, as of 1st September 2017, has 1 year remaining. When I originally signed the lease, we were told by the landlord`s son (who has POA), that sharers were ok. We were originally 3 friends. I lost my job at the beginning of this year, and therefore had some issues paying the rent cheque. This is now paid in full, and I will settle any penalties as per the contract. However, I would like to end the lease early. My landlord has now taken over negotiation, and his son (who has POA) is out of the picture. The landlord is saying that I am not allowed to share the apartment, however, to end the lease, I must pay termination fees of 2 months, which amounts to almost AED 35,000. I simply cannot stay in the apartment alone, and will end up in a situation where I cannot pay the rent again. Could you please provide some advice on this issue. Richard

How to force the landlord to refund the security deposit

Q: I moved out of an apartment in Abu Dhabi on 5th of June 2017. The property management company issued me with a clearance certificate for the air conditioning with the intent of deducting the final amount owed from the security deposit. It is almost two months later and they still have not refunded the balance of the security deposit. I have made repeated requests to get the money back but they are just wasting my time. How can I proceed to get this money back? In my home country, we can go to a small claims court in which the defendant would be ordered to pay, plus pay the court fees. I tried to find similar on the ADJD website but could not and as the amount is for 1300Dhs, I don`t want to have to spend this filing a court case, if I am liable for the fees also.