Questions & Answers - Legal Advice Middle East

Limitation period for labour related matters

Q: Dear Sir, I have worked March 2008 to July 2011 in Mushrif National Construction LLC Central Market Project Souk - Abu Dhabi. My job designation was IT Assitant, my salary was Dhs 3200/- per month. Also, they have provided yearly two-way tickets and leave salary benefits. In July 2011 I went to India for long leave. The company terminated me on January 31, 2012. After that, they calculated my indemnity money Dhs 6044/-. Partly they have sent my pending salaries and my indemnity money, they have sent only Dhs 2000/- till now. They did not pay my balance indemnity money Dhs 4044/-. I have sent a lot of emails and mobile calls with no response from Mushrif National Construction LLC. Kindly please help.

Eviction of a tenant not paying the rent

Q: I have leased my property to the tenant who has been constantly delaying the rent and not honoring the cheques he delivered and I do not have the time to ask him every time to make the payment. Is there a way I can evict him or force him to leave the apartment?

Consequences of online flirting for a married Muslim woman

Q: I have a Muslim friend, she`s married and I am very concerned about her because she`s chatting with another guy through facebook every day and they`re chatting until 12 noon. I am worried, because if her husband found it, what will happen to my friend?

Whom does the car belong to after separation of spouses?

Q: To whom it may concern. My wife has owned a vehicle she was gifted 2 months ago. However, I as the man and husband, as she was on my visa, had to give her permission to place the vehicle in her name. She has now decided to separate from me and has moved back to our home country. My question is, to whom does this vehicle belong now? I trust that this question will remain anonymous. Kind Regards.

Is it a crime to stop payment of a cheque?

Q: Good day. My friend and his business partner agreed to put up a business. Then they agreed to have a share to pay. My friend share is to rent the place and give some amount of money. My friend issued bank checks in place of cash. When they get the business permit my friend`s business partner did not include my friend`s name in the business. So, what my friend did, he asked the bank to stop payment for the business. My question: is my friend liable for the bouncing check because he stopped the bank for the payment?

Liability of employee for the loan taken in the company's name

Q: I have taken a loan for a company which I was working as an Accountant. Whether I am liable for such a loan for the company? The bank has given the loan in the name of the company and the bank has taken a security cheque from my employer. In such a situation, whether any GCC ban will be there as I have left the country also?

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Release from police custody after the settlement of bounced cheque amount

Q: Sir, My friend is in police custody for bank loan instalment delay in Commercial Bank of Dubai. We already paid the amount, then what is the procedure for releasing my friend from police custody? Please advise me.

Imposition of a ban in the absence of a person

Q: Hi, I went to vacation, I am not going to come back due to personal reasons. Is it possible to put immigration ban, even if I am out of the country?

Real property amenities and the right to terminate a lease

Q: I have paid three cheques up until the end of November 2017 when it is being demolished. I need to move out into staff accommodation in August when the next cheque is due. The relationship with the landlord company is not great. I have had 4 cheques bounce. 2 - my fault, 2 - theirs. I am being charged 8 thousand for this which I will pay. They have however not kept the swimming pool clean. I have many emails with photos showing the green pool and requests for it to be kept clean. Can I terminate the contract as they are not keeping it clean?

Can bounced cheques cases be resolved at the police station?

Q: I got a call from Jebel Ali police station as I have a bounced cheque there for 60k with FGB and they want me to go there this morning. I have been told there is a new policy that allows bounced cheques cases to be resolved at the police station. When the police officer called me he assured me that it can be resolved there within the day. Is that true? What will happen when I go there?

Possibility of an early exit from tenancy without penalty

Q: Hi, I live and work in Dubai. I recently got married and want to bring my wife to Dubai on a spouse visa. For that, one of the essential conditions is to have a lease agreement with 1 year lease period. The nature of my job is such that I may have to relocate to another country anytime. Also, I have an open application for immigration to another country and I may get a PR within a few months or so. In either of the case, there is a possibility that I might have to terminate my tenancy contract before it officially ends. Please advise if it`s possible & legally acceptable to have an early exit clause, something like "the tenant (or both the parties) may terminate the contract any time after three months of signing the contract by giving one month notice to the other party. No penalty shall be applicable in such case." Of course, this subjects to finding a landlord who would agree to such condition. But I find one, can the standard contracts be modified to add such clause? Thanks SJ

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Overdue bills: What legal actions service providers can take against debtor

Q: I have an overdue bill for a telecommunication company based in the UAE. What they actually can do legally against me?

Responsibility for defects discovered after handover of the premises

Q: Dear Sir or Madam, Good Afternoon. Two months ago, we have moved from an apartment, settled all the bills, and collected our security deposit back from the agency. However, the agency is sending us an email saying that the cooker is not working at all at the moment, and that was caused by us. During our stay, we did have an issue with the cooker, smoked started coming out, and at that time we informed the building management as they had to shutdown the power. The oven was fixed afterwards by the building management and was working properly. We didn`t pay for anything. Please advise, can agency press charges against us, or do we need to pay for the new cooker, as that is what they are asking from us now? Appreciate your assistance with the matter, Thank you, Andrea

Consequences of missing credit card payments

Q: After missing 2 months of payments on a credit card, the bank presented a security cheque on my current account for AED 101,000 and it bounced. They have said that they have filed a case with the police and issued a travel ban. I have since made a minimum payment as requested and plan to discuss repayment with the collections department. As a businessman, I travel to other countries. Will I now be subject to a travel ban/ be detained at the airport / taken to prison?

Signing on blank papers

Q: Hello Sir, I went to apply for a free zone company in the UAE through an agent and formed it and will get my trade Licence tomorrow. However, the agent told me to sign four blank papers (plain white papers). He told he need them to apply for my visa and immigration card etc. etc. and I won`t have to come to Ajman again. I hope he cannot misuse them for anything?

Wrongful use of bank account

Q: Hi, I worked in Dubai for 3- 4 months during 2013 but left the job and left for India. My bank account was open at that time and one of my colleagues started to use my credit card after I left Dubai without my knowledge. He added his account to the beneficiary and done some transactions. I used to get some emails from this bank and thought these were some spam or marketing emails and did not give much attention. But recently, I checked one of the mail and found that my credit is being used, having outstanding amount around AED 12,000. I then checked my old emails and found that these are done by the colleague in that company. I don`t know what should I do. This is a clear forgery act done by this guy in my name. I need take some action for this. Please advise. Thanks and regards.