Questions & Answers - Legal Advice Middle East

Non-payment of salary upon termination of employment

Q: I was working as a Civil Engineer in an Abu Dhabi based company since this June 2017. In this August, the company gave me suspension and then termination mentioning that I am not meeting their expectation. The company called me to the office in this September to sign the cancellation papers. I told them to pay my salary and I shall come after to sign. When I asked my salary, the company sent me one document mentioning that from the work site some materials were missing and their cost is 30000 AED and it should be paid by me. When I worked there, there were no issues. After 2 months of termination, when I asked my salary they are telling like this: "The cost of these missing items is 30000 AED. So you have to give 22000 AED to the company net amount deducting your salary. Now, we will give you the offer - no need to give this 22000 AED, instead we will not pay your salary." I did not sign the cancellation papers. Now the company opened a complaint in MOHRE Abu Dhabi against me. What should I do?

Due diligence and confidentiality

Q: Is it allowed in a due diligence process prior to an investment decision, for the investee company to release information about the potential investors? If the company is based in a jurisdiction different from the jurisdiction where the investors are based, which court should be solicited to solve the matter? Is the only one in the Middle East the one based in Doha?

How to structure LLC company to protect your investment

Q: I am in the process of setting up an LLC for tailoring shop. Is there a standard MoA in place or can I make amendments to it? If tomorrow I have a conflict with my partner and want to change him, what is the recourse and what kind of timelines and cost am I looking at? What are the things I should get included in the MoA to protect my investment and allow me the flexibility to change a partner with minimum damages?

What legal troubles can I get into if my business partner absconds?

Q: We invested as a partner in a restaurant in Ajman and I included my wife`s name in the trade licence. Since the restaurant is not doing that great, the partner who has started this restaurant wants to close it and is looking to sell the restaurant. We don`t have any written proof of our investment in the restaurant other than the trade licence. If this person runs away from the country what legal troubles can we get into? What is the best way to come out of this?

Setting up online food ordering business in Dubai

Q: Hi, We are a startup in Canada. Our business is online food ordering system that connects customers to restaurants. We receive payments from customers, restaurants and at the same time we pay back money to restaurants. We are planning to operate in Dubai. Questions: 1 - Do we need to set up a company in Dubai to have a legal agreement with the restaurants or, our Canada branch is allowed to do that kind of legal agreement with local restaurants in Dubai? 2 - Are we allowed (as Canadian Company with Canadian Bank Account), to operate in Dubai, receive and send money from/to restaurants and customers? 3 - In case setting up a company in Dubai is mandatory, in which free zone can we set up the company? DIC, Sharjah, or Fujairah, knowing that we don`t have physical delivery inside Dubai? 4 - In case setting a company in Dubai is not required, which court (Canada/UAE) will be in charge of the agreement? 5 - Do you have a lawyer who is specialized in writing online startup contracts?

Harassment by the landlord over unpaid rent

Q: Good evening. My son and husband have been harassed and bullied by a labour camp owner for delayed rent. We have paid him most of the debt by maximising our credit cards. We did not have enough to pay my son`s 3000 Dhs outstanding balance. This camp owner has involved my son`s employer and has humiliated and embarrassed my son and my husband`s reputation. Even when we offered a payment plan which offers a monthly amount of 1000 Dhs until the debt is paid. And my husband has applied for a bank loan to pay the full amount (still in process). But the camp owner has gone and laid a police complaint against my son. After I telephonically spoke to police and explained the payment options they said we must pay 1000 Dhs by month`s end. Now I got an email from camp stating that police told them I agree to pay the full amount in 3 days. If not, the camp will go lay a charge to have my son arrested for absconding from debt repayment. Please advise, I feel so sick of worry. Thank you.

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The penalty for overstay after visa cancellation

Q: Sir, my visa was cancelled and 30 days already finished. Do I have a fine for each day of overstay?

Legal status of marriage

Q: Dear Sir/Madam, I am writing to enquire about my legal marriage status. I had a non-legal nikah marriage in the UK. Myself and my then husband moved to Dubai. This nikah certificate was attested/ certified for visa/ legal purposes, however, I`m unsure of whether the UK would now recognise this nikah as a legal marriage, as another country has recorded it as such. If so then I would have to also legally divorce. As my divorce currently is an Islamic one. Please, could you advise me further of if there are any ways of checking this or confirming etc? I had no legal marriage ceremony in Dubai. The second question I have is that if I get a court order here in the UK for child maintenance. Is this then able to be registered in Dubai (can this be used to seek to enforce) in case he failed to pay? If so how much would this mirror order cost? Kind regards, Sarah

Disciplinary fine without a reason

Q: Sir, I am a Safety Officer of a construction project. My employer deducted AED 600 as a fine in last 3 months, and they have not informed me about the reasons nor have given any warning in writing or verbal.

Pending application for cancellation of labour contract

Q: Hi Ma`am, Hope you are fine. I got a suggestion from you last week regarding my Labor and Visa cancellation. As I told you, my case is in Labor Department in Dubai Courts. I already have the judgement. I went to Tasheel for labor cancellation. I had 200 AED fine on me and made the new application with the payment of 103 AED. The application was submitted on 17th of this month but until now Labor Ministry didn`t approve it. And I am waiting for this to get my visa cancellation from Immigration. Can you please advise me how long does it take for the labor cancellation? Your reply will be highly appreciated. Regards

What to do if your employer delays your visa renewal

Q: Dear Sir/Madam Greetings, I am working in a construction company which is a Limited Liability Company as a Secretary / Front Desk Receptionist and my visa expired on 3rd of May 2017 and till date my employer has not renewed my visa. Already, my Emirates I.D. is also expired and my employer keeps on telling me they don`t have the money now to renew my visa, but they will renew it. As you can see how much fines has been accumulated till date as it`s 6 months now. Therefore, in view of above what action should I take in order to ensure that my visa will be renewed by my employer?

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Will an employee signatory be liable for bank loans of the company?

Q: Hi, During my employment with my Company, I had signed a few guarantee for a finance taken by the company amounting to more than AED 100 Million. As I was the signatory to that particular Bank account I was asked to sign the security Cheque. I have resigned 6 months ago and the cheque is still with the bank; will I be held responsible in the event the bank takes legal action if the company does not repay the loan?

Registration of a trademark in the UAE

Q: Hi, We are a UK company that is expanding our sales into the UAE and we would like a quote for getting a trademark to cover our product there. We have a trademark granted for Europe for our logo, our name and the term Subsound - https://euipo.europa.eu/eSearch/#details/owners/664820 We also have a registered trademark covering our design. In the USA we have a trademark granted on our logo and the term Subsound and we expect to have a trademark granted on our name within a couple of months. Please let me know what further information you require in order to give us a quote for getting a trademark in the UAE? You can contact me on grainne.ryan@cocoon.life or +44(0) 7954 130662 This is an urgent request so I would appreciate a speedy reply. Thanks

How can I check my travel ban or labour ban status?

Q: Please, how do I check my travel ban or employment ban status?

Drafting a statement of defence over a bounced cheque

Q: I want to prepare a statement of defence over a bounced cheque in Abu Dhabi. What are the main points that I should include and the main points I should exclude in the statement? I cannot afford lawyer fees as I earn less than AED 5,000 and most lawyers want above AED 10,000.

Appealing a UAE ban after ten years of a police case

Q: I had a police case in 2006. After 40 days they suspended my case and took me to the airport for deportation. They scanned my eye and put one year ban on the passport. last year I tried to apply for Dubai tourist visa, but they refused it because I am still blacklisted on the system. It has been more than 10 years now, so how can I solve this problem? Please give me advice.