Questions & Answers

Q: To whom this may concern, I am a Canadian citizen living in Al Ain city in the United Arab Emirates. I am currently thinking of starting an online business similar to "Talabat.com" if you know it except it will not be a food service. I have some people in mind that can work with me as freelancers but at the same time, I am wondering what are the rules to follow as an expat regarding this issue. I don`t know if I need to draft up contracts etc. I just want to be on the safe side. I`d love to hear back from you. Regards, M

Term of limited employment contracts

Q: Is an employment contract with a term of 3 yrs a limited contract, or limited contracts are only limited to a term of 2 yrs?

Civil claim for the bounced cheque amount

Q: Hi there, A person bounced a cheque on me for a considerable sum of money. I filed a police case and it went to court. The judge ruled on the 24th January and the accused was sent to jail. However, there was no part of the judgment compelling the accused to pay the money owed. I believe I can take a civil case against the accused to get the money owed, but I don`t know if this is correct or indeed how to go about doing this. I would be most grateful for any adviсe.

Compensation for personal injury

Q: What is the position of UAE law on personal injuries? What is the mechanism of identifying the fault and calculating compensation?

End of service gratuity calculation

Q: Hi there, If you could please let me know how is End of Service gratuity calculated for resigning employee on unlimited employment contract in Dubai?

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Refusal to pay for the job done

Q: We are a software company who have signed a contract with a client. The contract expired in Nov. 2015. We continued to work with the client on the project. We received 5 payments out of 7 payments that were due. Each payment was linked to a milestone in the project. Now the client claims the software solution is not up to the quality they want and they want to sue us for damages. In the contract, we have a clause that says they can sue for a maximum of 50% of the money they paid us. However, each of the 5 payments they made were linked to a milestone of the project contract and the payments that were made were approved by their managers who now claim that the software quality has an issue. Are they entitled to sue for damages? How can we best protect ourselves?

Can consumer be sued for a negative review?

Q: Hi, I just wanted clarification on something. I recently wrote to a clinic where I had a bad experience - in a private email - to complain about the service. The clinic has now threatened me with breach of Federal Law. I haven`t published anything on social media but did say in my email that I wouldn`t recommend the clinic on platforms where families chat about which clinic they should choose for IVF. How much in trouble am I with the Clinic? What can they do? I was just expressing my personal experience! Thank you.

Estimated timeline for obtaining a final judgment

Q: How long does it take to get an enforceable judgment before the courts of Abu Dhabi?

Termination of tenancy due to hidden fault of the premises

Q: Hi, I only recently rented a small 1 BR in Mirdiff Ghoroob gated community. However, it has been brought to my attention a constant presence of unbearable sewage smell at night time which disturbs my sleep almost every night. I spoke to the property and maintenance office and only realised that the stench is not caused inside the community but by the closeness of the sewage plant treatment. I am afraid I cannot get used to living in such an environment especially since I suffer from respiratory allergies. I already filed a complaint to the municipality but nobody came to resolve it. I feel I am stuck and doomed because the agency failed to mention this ongoing problem which was unfair and unethical. Can you please help? Thank you. Lana

Shareholder's agreement

Q: We have a shareholder`s agreement that we need to change completley and restructure our business, is this something you can help with?

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How to check if there are any open cases against the person in the UAE

Q: Hi, My friend owns a business in Dubai but four months ago he left to Pakistan due to an urgent matter. Now he wants to come back here but he had some unsettled matters here and he just wants to confirm if there is any legal case or complaint registered against his name. Just to avoid any surprises on arrival in UAE like being detained at the airport etc. He wants to be prepared.

Personal guarantee and liability for debts

Q: 1. Can a non-resident person give a personal guarantee for bank debt in the UAE? 2. Is a son liable for a debt of his father?

Can I be caught in GCC countries for my UAE bank debts?

Q: I have a loan with UAE bank: 1 credit card outstanding value is 22,000 AED & one personal loan around 85,000 AED. I lost my job on Jun 2016. From there I unable to pay my EMI (6 months). Bank is not agreeing for settlement plan as per my request. Now they are saying they are going to file a case.Now my doubt, if I get a job in GCC other than UAE, will police catch me in the airport in any GCC? OR arrest is possible only if they file a case in that particular country?Please, advise.

Refund of security deposit upon tenancy termination

Q: Good Day, I would like to know, unfortunately, I had to cancel my tenancy contract before the expiry date, now my penalty was 2-month rent, which I accepted, but it then came to my knowledge that there was already new tenants lined up to move in 2 days after I have vacated. They also want to give me back 200 AED of 3000 AED deposit, for damages which were already there when I moved in and notified them about, but the person I dealt with, is no longer with them, and they "can`t find" the email I have sent to them. What is the best way to go about this? I feel like they are completely taking advantage.

Final settlement upon termination of employment

Q: When I resign, my company will give me a written agreement to pay me on a monthly basis until paid up. My concern is that what grounds will I have to stand on should they fail to honour their agreement and I am not in the UAE anymore. I am at the age where alternative employment is difficult if not impossible here or back home. Their promise is all I will have to survive on should I leave. The company owes me outstanding salary since last year and together with the gratuity is in excess of 300,000. I know they will offer to pay me monthly instalments of 8000/month. Should I register a case with the Labour Department although they will give me a written agreement and before they cancel my Labour Card? Thank you kindly.

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