Questions & Answers - Legal Advice Middle East

Destiny of the customer's cheques issued before the closure of a company

Q: I wrote out post-dated cheques to a removal company. This company has now been closed by the DED, and their license expired in July 2017. This has not been renewed and it has all been confirmed by the DED. I cannot get my cheques back from them as there is no one to contact. I am afraid however that they are still going to try and encash the cheques, which have been made out to the company and not an individual. What do I do please? Dubai Police referred me to Dubai Court but I have not been successful with either of them.

Verification of a work permit serial number

Q: Hello Sir. I received a work permit from a contractor. In that work permit, the transaction number looks like INxxxxxxxxxAE. It contains 14 digits. How to verify whether it is real or fake?

Wrongfully accused of harassment and losing EoS gratuity

Q: Hi, I need advice. I have been working for the last 30 years, and the last 10 years were with one company. I have received termination stating harassment while requesting for a face to face check with the people, facts were not disclosed. Now, they have informed me that they`ll detain my gratuity amount which I feel I deserve. Harassment case - it was a complaint raised by few colleagues stating improper touching, which was not the actual case. Hence, received a termination for the same. Never given a chance to speak. However, I have not been such a person and have not done such a thing in overall 30 years of service. Now, gratuity has been held considering the harassment clause.

Travel ban check after paying fines at the police

Q: Hi Sir, Good day. If a person had a police case due to an unpaid loan, and he already paid fines at the police station, will there be an automatic travel ban for the defaulter? Thank you in advance.

Neutral party entrusted with the belongings of divorcing couple

Q: I was requested by a couple who were leaving the UAE to retrieve their belongings, as they could not fit them into their luggage. One of them is my friend and co-worker, and the other is a Swiss national whom I only know via my friend. The instructions were to hold on to the belongings until they were able to send me an address and money to ship them to their new location in the USA. In the short time they`ve been in the USA, a string of events had led them to separate. The Swiss national moved back to Switzerland and has been making legal threats and physical harm threats to me if I do not send his belongings to him. Since the bags contain both of their belongings, I have decided to send the bags to my friend in the USA so that the belongings can be divided in front of a divorce lawyer. Does this break any legal grounds on my part? He is making threats to open cases in Dubai and the EU. Is this possible based on these grounds?

Can the bank request a travel ban for a client who never defaulted?

Q: Can a bank ask for a travel ban on a UAE businessman even though the owner never defaulted on any loan payments, ever?

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Resignation during the probation period because of sexual harassment

Q: Good day, My name is Roy, and I`m a Filipino citizen working in Abu Dhabi western region as a massage therapist for 2 months now. I have a limited contract, and I want to quit now due to the unhealthy environment here in the company. This is because of the bad experience here with the management and the customers, and most customers here are forcing me to do bad things such as suck their private parts, massage their private parts, and so much more. I cant take this anymore and I want to resign because this is traumatizing me in many ways emotionally and mentally. How can I go without penalty? My manager and my boss don`t let me go and they don`t understand my fear and feelings please help

Refund of a cancelled holiday tour due to visa delay

Q: A holiday tour operator is not refunding me the amount paid because the tour got cancelled due to delayed visa receipt.

Appealing a court sentence of deportation for smoking weed

Q: Hi. My daughter was arrested from our residence in Dubai on 29 August for drugs. We had just got back from vacation two weeks prior, where she had smoked weed. She has spent a month in jail and yesterday was her hearing. She is sentenced to AED 5000 and deportation. We will appeal on Sunday. Question is, what are the charges for us to get her out on bail? Can the deportation be cancelled? We have been living in Dubai for 30 years and have nowhere to send her.

Customized agreement with the supplier

Q: Hi, I have a company that designs and manufactures solar powered products. I do the design and the products are manufactured by local workshops. I would like to draw a contract/agreement with the workshop to guarantee the work for my client. I would like this to be legally binding. Q1: How can I make this agreement legally binding so the supplier can fix any problems with the product should any come up? Q2: How much will it cost to draw this agreement if I provide all the details related to what may go wrong with the workshop craftsmanship? In fact, all I need is to take the details I will supply and make the agreement professional. Thanks, Ali

Debt claim without any legal documents

Q: I am being chased by a person claiming that I owe her money, with no any legal documents. This person previously during a conversation threatened me to get me deported. Recently she sent me emails with the subject as "DEBT" and listing various amounts of money claiming that I owe her this money. What can I do? and what are my rights?

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My employer doesn't pay me the salary. What are my rights?

Q: It`s my first job experience in Dubai, I am hired by a hotel as chef de partie. I signed my contract on 19 July 2017 with no mention of my joining date on it, but on 1st of August I was called to join immediately. Now it`s been more than one and a half month but there is no sign of salary. The restaurant in the hotel is not officially opened yet. Whenever I ask for the salary, the management says that the restaurant is not started yet and ask me to either resign and pay all the expenses. Is there any right for me to do something? Moreover, the hotel is paying the employees salary via cash.

Refund from the developer

Q: REFUND FROM UNPROFESSIONAL DEVELOPER, NO CONTRACT, NO OQOOD, NO PROGRESS We purchased properties with Royal Estates in DIP - we have paid approximately 25% of the final value already, however they have broken the law on at least 2 issues, as they haven`t given us a contract within 15 days of our reservation form plus there is no Oqood. There is no work on the site also. The developer is constantly making excuses for past two years and is most unprofessional and unhelpful - they are unlawfully keeping our money. The reservation form is null and void as we purchased in 2015. Is there a way we can get a straightforward refund from the Escrow account that DLD holds? There`s no point for a court case as there`s no challenge with the developer - anyone can see they have breached law, and I`m sure Dubai want to keep a good reputation to foreign investors without making things legally expensive and messy. Your advice on the law for this simple situation is appreciated, Thank you

Will I be able to get a good conduct certificate if I clear bounced cheque cases?

Q: Hi, I have two bounced cheque cases registered against me. I would like to know the following: When I clear these cases in the court, will I be able to get a certificate of good conduct after clearing the cases? Also, would the certificate end up mentioning the cheque cases that I have cleared? Awaiting your reply.

Responsibility of a pet owner for the nuisance caused to others

Q: Hello, this morning I went to a park with my three dogs and let two off the leash. My dogs ran barking towards a jogger, who got scared and ran towards me. After that, he called the police and took a picture of me and my car. The picture of me, he deleted then directly. Afterwards, I left with my dogs. What could happen in this case? Is he able to do anything to me with the police? What if my dog bites someone? What are the possible consequences? In my tenancy contract, nothing is mentioned regarding pets, but my landlord approved my dogs. If my neighbour complains about barking, is there anything which could happen? What is required to hold someone liable for verbal sexual harassment if nothing has been recorded or no witness was there? Thank you, Marie

Insurance claim of no liability to cover suicide cases

Q: A person expired and the cause of death is suicide. Insurers in the UAE have rejected the claim on the grounds of the suicide exclusion which is applicable by law: "This insurance does not cover death as consequences of: c) Directly or Indirectly occasioned through any unlawful or criminal act of the insured person." Is suicide considered unlawful or criminal act in the UAE?