Questions & Answers - Legal Advice Middle East

Can absence from work without a lawful excuse lead to a lifetime ban?

Q: Dear Sir, My name is Sajid, from India- Kerala. I worked from 2011 to 2017 as a house servant in Dubai. In 2017, I travelled to India for my vacation. At the end of my vacation, I had some family issues and I couldn`t join my job back. My visa expired in June 2017, and I’m currently planning to find a job in the UAE. One of my friends just checked with the immigration and he informed me that my old sponsor made a complaint against me so that I have lifetime ban in the UAE. How to get information about the ban? If there is a ban, is it possible to remove it? Please help me. Yours faithfully, Sajid VH

Seeking an attorney specialized in financial services

Q: I am looking to engage with an attorney specialized in financial services (Securities/ Debt Capital Markets/ Regulatory).

Threatening with a travel ban for defaulting on credit card payments

Q: Good morning. I have defaulted on my credit cards payments in Dubai, and I`m planning to travel soon. How can you assist me to check whether I have a travel ban or not? I did not receive any notification, but the banks threatened to put a travel ban on me if I don`t pay. Is it safe to travel in such conditions?

Is presenting a security cheque to force contract obligations an illegal act?

Q: I sold my company to a purchaser and I had bank loans. We signed a contract with two main conditions: If he terminates me from Job, he will settle my loans immediately. By June 27, 2017, he will clear my loans or transfer in his name. If he fails to do so, he will give salaries for the delay period. He had given me one security cheque. When he didn`t meet any of the above conditions, I had to deposit the cheque. After the cheque bounced I made a police complaint. According to his lawyer, I was not supposed to deposit the cheque because it was just a security cheque. Now they are planning to file a case against me. Please advise what to do, I don`t have a job for the whole past year.

Does the fine payment for bounced rental cheques remove my travel ban?

Q: Dear Sir, I have a question regarding my rental cheques, where two cheques got bounced recently. For the first cheque, I got arrested by the police at Dubai Airport. I paid the fine at Dubai Courts, then they released me. After two days, one more cheque got bounced and I had already requested to negotiate with the management but they didn`t listen. I cannot pay now because I don`t have a job. Now my question is, can I travel to my home country after paying the fine for my second bounced cheque? Please advise as soon as possible. Thank you.

Does paying the fine for a bounced cheque substitute imprisonment and travel ban?

Q: Hi. If my rental cheque has bounced and I paid the fine in my primary case, do I get a jail term after that? Can I travel to my home country?

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Misleading real estate marketing in Dubai

Q: I have purchased a property developed by a developer. They told me verbally that the property is located in Downtown, and in the SPA they used the location Burj Khalifa community developed by another developer. As a first-time property buyer, I trusted them. Now, they are saying that the property is in Business Bay. How can Dubai laws support a customer for the disguised real estate marketing or cheating?

Settling bounced cheques issues with creditors to avoid a lawsuit

Q: Hi. I had some emergency in the last quarter of 2015, and I had to go out of Dubai. Then I faced some problems and was unable to come to Dubai in time. Some cheques that were issued by me had bounced, and I have some questions. I issued a cheque of AED 75000 to somebody but managed to pay only AED 50000, and I have the receipt as well. He agreed that I can pay the rest when I come back to Dubai. I have a receipt only on a plain paper, can he make a complaint against me to pay him the full amount of AED 75000? Three of the cheques I paid against renting two flats, were also bounced. The amount of the first cheque was AED 20000 and the remaining two were AED 12000 each. I contacted one of the real estate agents, and it looks like he currently has the original cheque with him. Does this mean that he did not opt to make a lawsuit? After paying the dues, do we need to go to the Police station to clear the case and make sure there is nothing against me?

How to remove a lifetime ban granted after a court sentence?

Q: I was deported from the UAE after a court sentenced me to a lifetime ban. How can it be removed? Is it possible? Can I enter on visit visa??

Non-renewal of a limited labour contract by the employer

Q: Dear Sir, I am working in a company as Manager and the limited contract would be expired on Dec 29, 2017. 10 days before, I received a notice from the employer that they are not interested to renew my contract, without stating a reason. After inquiry, they mentioned that it is due to the restructuring and not related to performance. Since I have a family and kids are going to school, we are under severe pressure. I am in a senior position and it would be difficult to find out a job in 45 days, which puts me and my family in severe mental trauma. Please let me know if I can request the company to renew my contract until I find a job with a minimum salary as maintenance allowance. I am in the UAE since last 11 years and this is the first situation where I am passing through. Please advice and let me know what are my rights. Thanks and regards.

Consequences of a bounced security cheque after failing to pay loan installments

Q: Good day, Look forward to your kind legal advice for my query below. I am a resident of Dubai (Indian national) and I have an outstanding loan of AED 120000 with ADCB bank and they had bounced my security cheque on 15.11.2017 with amount mentioning AED 1400000 as I have defaulted last 3 EMI`s (including November). I tried my best by consulting bank`s collection executives saying I can pay 1 EMI right now and remaining in next few days but no use. What will be the lead time for them filing a case against me? Can I walk out of police station by paying fine? If yes, how much? If sentenced, then how many days/months will I be in jail? My residence visa expired on 17.11.2017 and company said they will renew in next few days. Will it affect me coming out by surrendering passport? Can I change job & visa if I have a case against me open? Looking forward to your kind advice and suggestions so I can plan accordingly. Many Thanks, HK

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I left the UAE a year ago with an unpaid bank loan. How can I settle the issue?

Q: Hello, I have left the UAE 1 year ago and I had an outstanding loan in CBD. I would like to know if and how much I should cover. If I do, will be the police case removed? Will I be able to travel to GCC countries again? Thank you

How to recover the bounced cheque amount after filing a complaint with the police?

Q: Hello, I have filed a complaint about cheque bounce. I have got 2 cheque bounce cases with 2 different parties. There is a travel ban against them as I have filed a police case, but I am not sure how to take this forward as it has been almost 4-5 months. I need advice and guidance on how I can get my money back.

Will I get a labour ban if I am dismissed during a probation period?

Q: Hello Respected Sir/Madam, I am here with doubts upon my UAE labour ban. I was hired on visit visa and changed that visit visa to employment visa within one month of hiring. Being for two months with the company with Emirates ID, I was terminated. The reason was the technician who`s left the company before my arrival returned. So I have to return my country of origin. I have the visa cancellation paper. Can I search a job in the UAE, Dubai, Sharjah? Or is there any ban on me? Hope you understood my doubts. Any help would be appreciated. Thanks

Formal requirements for job offer letter

Q: Hi, I received an offer letter from a company. I had an interview but it was conducted in a private residence instead of an office. The offer letter does not contain the formula for commission or the job description. Kindly advise if this information needs to be clearly outlined in the contract.

Registration of a trademark for a new apparel brand in the UAE

Q: I am starting a new Italian Apparel brand which will be sold through eCommerce. I will be dealing with designers as freelancers and manufacturing companies based in Italy. I would need advice on the below: Where can I register the trademark of the company logo? I also want to be the sole owner of the bought designs, shall I register these as trademarks also? For the above, I need help drafting agreements with the designers, out of the UAE, that also states a non-disclosure clause. Also, I will sign agreements with manufacturers located in Italy. Which court will govern these agreements? Will the registered trademarks have a territory limitation? Since the business is online, design can easily be copied. I am building my online platform and will need legal advice regarding the privacy of the data which will be collected from customers, terms and conditions of the online platform and other risks that should be avoided.