Questions & Answers

Q: I sent a formal email asking for 12 days annual leave and it was approved. On my last working day before my annual leave starts, the HR guy asked for me and we sat down and he told me that I am out of balance and that I owe them 14 days. I asked him to show me the annual leave forms that I have signed, and according to what I have signed, I only took 14 days in my second year so far with this employer. My hiring date was in September 2015. He also told me that I have exceeded my balance during the first year and that I have to work until September 2017 with no right to book annual leaves. And that if I resigned or got terminated they are going to deduct those 14 days from my salary. My question is: can my employer do what he has just done, deny me my annual leave at such a short notice, and can he deduct those 14 days from my salary? Is it my fault that they are not organised? And under what circumstances can I sue my employer with regards to the above?

Can claimant withdraw a case when it is with Public Prosecution?

Q: Dear Lawyer, A company in Jebel Ali filed a case of fraud at Police station. The company asked me to pay a certain amount after adjusting against my final dues. I paid and cleared. Later on, they started blackmailing me by asking me to pay the legal costs incurred by the company. Then I complained to the Ministry of Labor saying that my passport is held by the employer. Now the Police station has transferred the case to the public prosecutor along with my passport on 10th of April. I need to know how long will it take for the hearing to happen (waiting for the call from the Dubai Court) and secondly can the employer withdraw the case when it is with public prosecution? If yes how? Please advise. Regards, Francis

Issue with an online degree

Q: I recently did an online degree from a university in the USA. All the documents were verified and attested which took almost 2 years. Now only MoHE found out that the university is not on their list of accredited universities here in the UAE and now the document needs to be registered at a different university in the USA. That will cost me a lot of money which I don`t have. They said if I don`t I will go to jail. I need some advice, please.

Can tenant unilaterally refuse to use Empower services?

Q: I have had a rented apartment in Dubai for more than 5 years. I CHOSE NOT to have a contract with Empower for A/C. Instead, I bought a portable a/c. The Landlord AND Empower are now saying that I have been living illegally and that I MUST pay AED 11,000 and then REGISTER with Empower and pay the monthly charges even though I do not have or want Empower services. Can this be so? Thank you, MJ.

Consultancy services rendered by an individual

Q: I run a start-up registered with a Freezone in the UAE. Some companies are approaching me to help them as an advisor. What is the process to take up such assignments?

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Assistance in refunding of capital invested

Q: Hi, I am currently having an issue due to 2 investment policies that were grossly and unethically mis-sold from a reputed international bank... I did not pursue this thru a court of law, but managed to get my complaint to the very top of the organization by the grace of God over several months of exchanges and dialogues. But since the dialogue has always been with a corporate and having no legal help, even though the bank has consented to return 75% of my loss at the further end of many months ...on the capital, I still feel that the bank is not being fair with me with what their stance is... And I badly need someone with a legal eyes to help me know if I am being again cheated & taken for a ride by the bank, when they should have minimum returned my capital and compensated me for the stress, strain and pressure that I had to endure over a 10 months period ...after raising my 1st complaint...

Credit collection lawyer

Q: Looking for a Credit Collection Lawyer/ Firm working under contingency basis. Must be willing to work thru litigation, appeal and execution.

Bounced cheque case: jail term, travel ban, court fees, etc.

Q: PLEASE REPLY AS EARLY AS POSSIBLE UAE CHEQUE BOUNCE CASE (PERSONAL CHEQUE) IF AN INDIVIDUAL FILE A POLICE CASE 1) What will be the minimum jail terms for Cheque bounce case? During jail terms whether he will be on travel ban? During jail term whether he can come out of jail by giving somebody`s passport as security? After completing the jail term whether he will be still on travel ban as he has not paid the money against the cheque? If he did not pay the money during police case, how can I get back the money? 2) When he is on jail terms during police case, whether we can proceed with the civil case for cheque bounce? 3) For proceeding civil case whether we have to deposit any amount to court? Your valuable advice will be highly appreciable. Thanks

Bringing co-founder into startup company

Q: I am looking to bring in a co-founder in my startup company. I want to know what are the different possible ways of bringing a co-founder on an equity or salary basis or both or any other way. Our company is based in DIC Freezone. Regards, Ankit

How to remove mistakenly put UAE immigration ban?

Q: I have life ban in Dubai, it was the mistake of Immigration. They stamped on my passport but they didn`t do the eye scan, I was not aware of that. When I came back to Dubai they told me that you have exited illegally and they put life ban, but I have the exit stamp in my passport. Please advise me how to remove the ban, is that possible for me to go to Abu Dhabi or other UAE emirates?

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Can landlord sell the property without notifying the tenant?

Q: We rent an apartment in Abu Dhabi. This month we renewed our contract for the next year. We have signed the cheques to the real estate agency since they are the owners of this property. But a week after the other agents came to our apartment and said that the apartment is on sale and we have to let them in so that they could take pictures. Can the landlord sell this apartment without prior notice to the tenant and will this affects our tenancy contract?

End of service benefits for employees subscribed in GOSI

Q: Hello Sir, I would like to know whether employees subscribed in GOSI should be paid end of service benefit? Please let me know the exact Labor Regulation on that.

Can employee be charged for visa expenses?

Q: Hi, I have been working in a company in Abu Dhabi for the past two and a half years. I gave my resignation less than a month ago. When I got this month salary, the salary amount was reduced. When I enquired about it, the company informed me that they will be charging me a certain amount from my settlement as visa cancellation process fee. When I called to the Ministry of labour, they told me that company cannot charge me any of such fee. So I would like to know whether I should move by complaining to the MOL, and if I do, what would be the probable result from that action. Thank you.

Fine for a cheque returned as unpaid

Q: Hi, I have a problem. The house owner in UAE, Dubai asked me today to pay a fine for returned cheque 5,000 AED in case the cheque bounced and it is written in the contract. Today they called me asking for the fine anyway they say they gave the cheque to another bank to collect the money and the other bank rejected it. I called my bank and they said no one gave them any cheque. So the owner wants the fine and the rent. What should I do?

Employment visa cancellation

Q: I was working at Dubai airport. I was given 2-year visa to work in the company, my visa will expire on 3rd of August 2017. Along the line, I applied in another company, was given appointment letter and was asked to submit my cancellation letter which I did after collecting it from my former company. When they went to an immigration center, they said in their system it was recorded that I have left Dubai since a year plus while I am still in the country. So they asked me to exit on the 7th of April while my visa will expire on the 3rd of August 2017... since have submitted my cancellation letter my visa is not out yet... someone told me that within 2 weeks visa processing will be done, so I don`t know why it is taking too long to be ready. Please ma/sir I need your help. What shall I do? Thank you.

Cancellation of a visa while having pending labour case

The right for annual leave