Questions & Answers - Legal Advice Middle East

Is it legal to work in the UAE without a work permit?

Q: I have been working for an individual as a private accountant for over a year now. My contract says that I`m not an employee but a consultant. I am sponsored on my husband`s visa and have a NOC from him to work. However, I`m not set up as a freelancer and my employer hasn`t provided me with a labour card or work permit. It has been brought to my attention that I may be working illegally so I would appreciate some legal advice and for someone to look over my contract. If I`m working illegally then I will quit immediately but I need to know my rights and do not want to breach my contract if it is enforceable. I look forward to hearing from someone. Thanks.

Ramadan work laws

Q: I`m working in a 5-star hotel for more than 13 years in the engineering department. Last 3 years engineering administration make my duty roster for 12 hours working schedule during Ramadan without any compensation. Kindly advice me what type of legal action applicable to this illegal practice.

How to get a police clearance certificate

Q: Hello, I need assistance for getting Police clearance certificate from UAE for Canada Immigration process. I am an "Indian" citizen, lived in UAE from 2010-2014. Please advise.

Can I visit the UAE if my spouse has opened police or civil case?

Q: Dear all, please may you tell me can I visit UAE if my husband has police or civil case in UAE? He has an unpaid loan in UAE.

Dispute re stolen money for PRO service

Q: Hi, I am in a dispute with someone who has stolen money on a pretence of offering a PRO service. The invoice and crime committed all originate in Dubai. I have told the assailant he needs to pay or I will raise a case against him and he moved to RAK recently where I found out where he lived and told him now I can make a court case. There are 20 other people I know he owes money to also. He reported me to RAK police for harassment and threats even though my only threats were to do a combined court case with 25 other people against him and I told him Dubai police or CID will come for him if I report him. I went to Dubai police station who told me that the whole issue is a Dubai issue and not to worry. What do I do? My number has changed from the one these crooks have so I don`t know if RAK police called or not.

POA to obtain birth certificate

Q: I live in the USA and I am looking to get my Birth Certificate from Al Ain Hospital. Would I need a Power of Attorney for it?

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Trademark registration and classes of services applicable to a website

Q: Hello. For an online portal similar to Dubizzle, Souq.com, Jadopado (major difference being instead of buying and selling, people will be renting stuff), what would be the class to select when applying for Trademark protection? and which services should be selected from this class? Thank you.

The penalty for early termination of tenancy

Q: Sir, I have taken an office in Dubai for three years starting from 1st April 2015 to 31st March 2018. Due to slow business conditions, I am forced to reduce expenses and planning to vacate current office and move to a smaller one. Unfortunately, there is no early termination clause in the lease agreement. Please advise what is the penalty in such cases as per government law. Thanking You, Kind Regards.... Kuttan

Divorce and maintenance for a wife

Q: My husband is divorcing and said that he will not pay me any maintenance because I hired somebody to hack his phone because I suspect adultery.

Consumer rights: online purchase

Q: I`m residing in Kingdom of Saudi Arabia and a citizen of India. I ordered a new Samsung Galaxy Edge Plus mobile on 05-04-2017 from www.dubaiphonestoes.com which is located in Office No-03, Ayal Nasir 116-447 Deira, Dubai, UAE. I received the product through DHL and Fetchr on 09-04-2017 and I paid SR1250. On 14-04-2017 when I unpacked the phone I was shocked because the phone was not the normal one what I ordered and it was a customized model mobile for AT&T. I can’t use my Saudi SIM-cards in the mobile. Also, the box for phone says the mobile color is Safire black and the product inside is gold. How it comes? They also specify the country of origin is Dubai and the product is from the USA. And when I made the order in the special request I mentioned I need a 64 GB Phone and they sent me a 32 GB phone. The website www.dubaiphonestores.com is registered in an Indian address and they are operating from Dubai. How can I legally fight with them with UAE laws?

Bounced cheque case: jail or bail

Q: My Husband gave a personal security cheque in Dubai against that he paid cash to the person but the person refused to give cheque as it was not with him and later when my Husband left the Dubai the person filed a case against him. Now the amount is big and because of losses, we can`t pay the amount. My Husband wants to continue his business in Dubai again after 2 years and he doesn`t want to get arrested as it will create a bad image. Is there any solution we can get where we can pay 20% and he can come to Dubai without arrest or any other best solution without arrest? He doesn`t want to get arrested that`s all. Police are saying only 2 solutions: either pay the full amount or the person should take back the case. Otherwise, he will be arrested then get bailed.

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What to do if your employer defaults on obligations

Q: Good morning sir, I had been working as a senior site engineer for a good contracting company in Dubai. Meanwhile, I was totally trapped by Al Faisaliyah contracting company, Dubai. The company gave me a better offer and position and told me to join fast. When I got an offer letter I resigned from the last employer and exit from the UAE for getting a visa from the new company. But the company sent me one visit visa and told me that when I arrive in the UAE they will immediately change it to the employment visa. When I joined here they told me they will change it as early as possible. Last two months I had to work believing their words. Now I came to know it was totally a trap and they have no labour quota because of 4-month pending salaries to staff. When I realized they are cheaters, I resigned and told them I cannot work illegally here. Also, they didn’t pay me the salary for two months. All the staff here are working with expired visa and same like me. Now I want my salary. Is there any legal way to move???

What to do if your relative is arrested in Dubai

Q: My brother arrived at Dubai airport on 05/04/2017. Dubai Immigration authorities detained him upon arrival and sent him to Naif Police Station. On April 6, 2017, a relative went to Naif Police Station, they kept his passport as a guarantor without providing any information. Furthermore, I went today to the police station after arriving from Pakistan and tried to meet my brother, however, I was not allowed to meet him. When I inquired about the detention reason, a traffic warden from the police office gave me this case number 2014/4286 outlining it as a detention reason. It is noteworthy to mention that he was already interrogated briefly by the authorities in this case and was let go without detention. During the course of three years (2014-2017), he has traveled to Dubai on visit visa 4-5 times. We are seeking help in the above case as we went to Dubai Courts and they sent us to Dubai Public Prosecution but no help.

Trademark registration in the UAE

Q: I need to setup a trademark for my new company. Can you please help?

Financial rights of the wife after expats divorce in the UAE

Q: My husband and I are South African & have been married for 6 years. We live in Dubai. He also has a Canadian passport. We were married with an Anti-Nuptial Contract (prenup) but the ANC was not registered, so we are married in community of property. We have nothing between us, no money/kids/assets. My husband did receive inheritance money 2 years ago. I supported us financially for our marriage because my husband worked on commission only job. He refused to find a job that paid a monthly salary. He contributed financially but I carried the bulk of our expenses. I used my own personal savings from before us being married to support us. He promised that when he receives his inheritance he would return my savings, would buy us a house and more. He received this money about 2 years ago and has given me nothing. He is an alcoholic, he has admitted that he has cheated on me by calling a sex line & has been arrested twice due to alcohol. We have been for counselling in the past. I moved out on 5/11/16.

Copyright in the UAE

Q: Online social community - start-up (seed stage). Myself and 3 of my partners are currently finalizing investors proposal (pitch deck) to raise funding capital. Prior approaching investors, we wanted to enquire about intellectual property protection and copyrights. Wanted to get an understanding of how this can be done here in UAE for it to be valid on a global level and how much would it cost. We are looking for brand logo copyright registration, user design/experience copyright registration and potential the idea itself. Would be great to get your advice. Many thanks, Aziz