Questions & Answers - Legal Advice Middle East

Exit on visa cancellation

Q: Good day everyone. I have a cancelled visa and my new employer applied for a work visa. I checked online and it says E-work permit under processing since last Wednesday. The problem is my cancelled visa will be over in three days and I have no idea if I should exit or do what. I am Kenyan. My previous job was stamped as a servant which I stayed for 6 months. My current is reception clerk. I would appreciate any kind of advice. Thank you in advance.

Consequences of working for the competitor of your previous employer

Q: Dear Sir, I need urgent legal help. I worked for a company for past 7 years in RAK. At the time of leaving the company, they did not provide me with my experience letter. When I exited to India, my new employer did not give me a new visa because I could not give experience letter. For 30 days, I was jobless in India. Then in a job portal, I found a job in another company in Sharjah, but it was a competitor to my previous company. I had no option, so I joined them to support my family. After 3 months of joining, my previous employer came to know, and now is threatening to file a case against me. I need to know the following: - What will be the consequences of the case? - Will be there any chance to win and continue to work for my new employer? - How much will it cost me financially so that I can plan accordingly? - And last, I would like to know the timeline required to have this case resolved. Shall wait for your response urgently. Ashley

Removal of shareholder due to non-payment of dues

Q: Can an offshore RAK free zone company remove a Shareholder due to non-payment of his dues?

Registering a Will in the UAE courts for non-muslim expats

Q: What is the process for registering a Will in the UAE courts for non-muslim expats? Also, what is the process for execution of the Will?

Who is liable for debts of the deceased?

Q: My deceased father has a court mandated outstanding loan payment of roughly 860,000 dirhams given in the name of his company in which he was a partner. Will my mother, my siblings or me have to pay this loan?

Car buying fraud

Q: We sold a car on dubizzle and accepted a bankers draft cheque, after 2 weeks we find out from HSBC the bankers draft is fake. It was for 370,000 Dhs, we have registered at the police, but feel nothing has been done. We gave the police a copy of the guys I`d card, they confirmed he has 7 cases against him. CCTV will show him at RTA, why can`t the police go to his home or work, I thought an ID card meant they knew where everyone is. The guy is Emarati, how can we get our money back? We know the car has been sold on.

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Punishment for alcohol consumption without a drinking license

Q: The police caught my boyfriend when he was drunk. How long should he be in prison for it? P.S. He is in jail now for 1 month.

Forced confession by coercion

Q: I was terminated from my company on the accusation of theft. My company said that they have a CCTV footage which they did not present during the committee meeting. There was no money or goods retrieved from me by my company security. They only have my admission. Since they were telling me that they will send it to the police if I won`t admit that happened on 19 March, the committee meeting which was supposed to investigate was held 2 days after. My company kept me suspended until the 5th of April and handed me the termination letter, which states that I am terminated from the 19th of March. What are my chances on this? I am so confused right now and I really need help.

Enforcement of non-competition clause in labour contract

Q: I have signed a labour contract with the non-competing clause for 12 months. I would like to know, how this can be enforced if I join another company whose activities are not exactly the same but are similar. I`m working for a manufacturing company and would like to join the trading company, which is my former employer. My current employer is not comfortable with me going back to my former employer and is asking me to refrain from this based on the clause in my contract. Kumar

E-commerce license

Q: Hi, We are planning to start operating an online company where the main revenue is based on sales commission, and all the sales happen online throughout the MENA region. If you can provide me with the best structure to create legally this company that would be more than helpful.

Son's rights in child support

Q: I have a 3-year-old son who is currently being diagnosed with a disease that requires immediate medical attention and enough funding to avoid complication in his heart. Prior to this situation, I have asked his father months ago of his paternal obligation and financial support to our son but he has intentionally ignored us up to this date because he has a new family but they know of my sons` existence. I am very much desperate considering that time is very important and I don`t have enough money to support the medical needs of my son. How can I oblige the father who is currently working in a big company in Dubai and does nothing on this matter?

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Enforcement of court decision against a developer

Q: We won a court case against a property developer in Dubai back in November of last year. The court has issued an order of execution against the real estate developers assets. It has been now more than 3 months that this order has been issued and our lawyer keeps saying that the court can`t find the assets even though the real estate developer have a project in construction and has advertising on billboards, buses, gas stations all over the UAE. What can we do in this instance and how can we make sure that the order is executed and we get our money back?

Not returning to work after emergency leave

Q: I worked in UAE for 2 years and 3 months, I`ve already taken my free vacation after my 2 yrs contract and I returned to work, but suddenly, some emergency happened at home, so I need to take emergency leave and go back home. But the problem is, after my emergency leave, I was unable to return to work. I want to know if I have been blacklisted because of that?

Mandatory health insurance

Q: Dear Sir, Madam, I have a question in relation to the DHA mandatory health insurance cover that has come into effect. I am the owner of a Dubai-based FZ company and have my residence visa through an employment contract with this company. The health insurance that I do have is DHA approved, but was requested and issued under my own personal name - and is therefore not linked to the company in any way. Is that a problem? Does the mandatory health insurance have to be requested by, and issued to the company? Thanks.

Termination of employment during probation period

Q: My company terminated me even though I did not violate any rules or do any misconduct or any of the reasons in the UAE Law to be terminated. They also know that it is not my fault. They hired me last August 2016 as a bus attendant under the sponsorship of RTA Dubai Taxi. Now, they terminated me before my probation ends without notice for the reason that I was underage in which they can`t issue the permit. They did not inform me that there is an age requirement during the interview process and yet they hired me. They also let me pay for the visa. Now, I want to go back to my home country. I would like to ask, can I get a repatriation expense if I`m terminated under probation? And what other things I can do in this situation? Thank you so much.

Can a foreign holding company own onshore business in Dubai?

Q: I am an expat who purchased a sole proprietorship training company in Dubai onshore. I would like it to be owned by a Holding company outside of the UAE. Can the Holding own such a company or do I have to change its legal form to something else? And, would that form force me to have lower % ownership? Thank you.