Questions & Answers - Legal Advice Middle East

Can a local active partner take over a company against the wishes of a non-local partner?

Q: Dear Sir/Madam, Can a UAE local active partner take over a company against the wishes of the other non-local partner under any circumstances? Does UAE law support this action?

What is the reconsideration case in RDC (Rental Dispute Center)?

Q: Hello, What is the reconsideration case in RDC (Rental Dispute Center)? Can it be done after filing enforcement of eviction?

Two days of sick leave are refused and deducted as three days. Can I file a salary complaint?

Q: Hi, I took sick leave for 2 days, which were Monday and Tuesday. However, my sick leave was not attested and was refused by HR. In the attendance record, they marked me as absent for 3 days, including Sunday, Monday, and Tuesday. My salary is being deducted for 3 days. Can I file a salary complaint with MOHRE for illegal deduction?

What kind of evidence is a must for drug-promoting charges?

Q: Dear Sir/Madam, What kind of evidence is a must for drug-promoting charges; if there might be a witness only, a positive test but no possession, and no texts regarding money?

What is last workday with differing notice periods in employer's and MOHRE contract?

Q: Hi, I need advice on the termination of my contract and notice period. I`m in the first year of my second fixed-term contract with my employer (a school) and was terminated on March 21st due to restructuring. My employer`s contract states that I must give one term`s notice, so they want my last working day to be July 5th. However, my MOHRE contract states that "the terminating party shall notify the other party of such desire 3 months as a prior notice before the determined date of termination, such period shall be similar for both." My employer argues that because we had a two-week spring holiday followed by a one-week Eid holiday, my notice period does not include the holidays. Can you please advise on what my last working day should be? Additionally, what is the correct end date of the notice period, and how can I get my employer to agree?

My partner withholds profits and falsely claims ownership. What should I do?

Q: Dear Sir/Madam, I am currently facing a complex situation involving a business partnership gone sour. Two years ago, a friend and I embarked on a bed space business venture without obtaining a trade license. While I covered the full investment, my friend took responsibility for managing the flat. We agreed to split the profits 50-50. However, over the past 8 months, he has been withholding profits and not contributing to utility payments, leaving me to bear the losses. Despite my repeated requests for reimbursement, he consistently delays payment. Recently, he renewed the flat in his name and is claiming ownership. Furthermore, he has replaced me with another partner and refuses to compensate me for my share of the goodwill amount, which amounts to approximately AED 30,000. Additionally, he is spreading false accusations about me to mutual friends, tarnishing my reputation. My question is, do I have any legal rights to claim from him? If so, what would be the appropriate legal procedure to pursue in this case?

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Can the school refuse to give the teacher NOC to do private tutoring?

Q: Hello, I am a teacher, working full-time with a school in Abu Dhabi. I have students and I do tutoring, now, tutors must obtain a tutor permit from MOHRE and MOE. However, an NOC is needed from the employer/sponsor. I emailed HR and being unhelpful they refused to give me an NOC knowing very well that I oblige to the conditions and do not tutor my own students or any student from the same school and my work is during my own personal time. Any advice? Is this within my right to get the NOC?

What can I do if the landlord evicted me and then rents the apartment for a higher price?

Q: The owner sent me an eviction letter a year ago and told me that he would not rent it again. I’ve asked multiple times if he was going to rent it and increase the price, but he said no. I finally moved and after 3-4 weeks, I saw that he already put the apartment to rent with an increased fee. Is he allowed to do this? From the beginning, I was praying to stay as the location was convenient for my work.

Can the employer force me to stay until my visa expires if my contract already expired?

Q: I have a doubt about my visa expiry. My MOHRE contract expired yesterday but my visa will expire on June 8, 2024, so my company is asking me to work till my visa expires. If I consider the visa date, I need to work for 26 months but as per the UAE law, the contract has been made for 24 months. So is it legal to work till the visa expires? I don`t want to continue to work for my current employer.

What does suspending the imprisonment sentence for 3 years mean?

Q: Dear Sir/Madam, Imprisonment for a period of three months, a fine of $5,655, and removal from the state. The imprisonment sentence is to be suspended for a period of 3 years. What does it mean?

A tenant usually defaults on rent payments. How can I evict him?

Q: Hi, I have a tenant who defaulted on rent payment. His cheque bounced due to account closure. He promised cash payment but hasn`t delivered. I want to evict him. The property is in Dubai. How do I proceed legally? Appreciate step-by-step guidance according to the law. Thank you!

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Privacy breach by former maid. How can she be held accountable for her dishonest actions?

Q: Hello, I`m seeking legal assistance for a concerning situation involving my former maid. She took private photos inside my home and is now sharing them with my ex-partner, while also fabricating dates and being untruthful multiple times. I aim to take legal action to address her breach of privacy and hold her accountable for her dishonest actions. Can you assist me in navigating this matter and ensuring she acknowledges her wrongdoing? Thank you for your support!

How can I renew my trade license for a Sharjah free zone company online by myself?

Q: Hello, I’ve been quoted 15,000 to renew my trade license for the free zone in Sharjah. The visa and business setup last year cost 15,000. Shouldn`t it be cheaper, and how can I do this online myself?

Visa application is rejected for security reasons. How to resolve this?

Q: Dear Sir/Madam, I have recently been rejected for a UAE visa due to "security reasons". I have been working for a company for 5 years. I canceled my visa in November and reapplied a few days ago. I am from India, and the application category is technician, with Sharjah handling the application process.

If I wait until the MoU expires, will the apartment purchase auto-cancel?

Q: Hello, Legal Advice Middle East I am writing to seek your advice on my ongoing process of buying an apartment in Dubai Marina. I have signed an MoU with the seller, it is valid until 21 May 2024. I have done the valuation process but the result was not reaching the selling price at all so I couldn`t proceed with the mortgage. In good faith, I was seeking another way and was willing to conduct a 2nd valuation and pay for it again, and still, the result came out unfavorably again for the 2nd valuation. This means I cannot get the mortgage from the bank at 80% of what I am hoping for. Therefore, I would like to ask the seller to either sell the apartment to me at the valued rate or cancel the MoU altogether and not proceed with the sale. My questions: Can I just wait for the MoU to expire on 21 May without doing anything? Would this cancel the MoU automatically if it`s reached expiration? Can the seller sue me and get the 10% deposit cheque amount? What would you suggest I do in this case?

Hair salon dye application resulted in scalp injury. What are my options?

Q: Dear Sir/Madam, I got my hair dyed at a salon. I told them not to put the dye on my scalp because I have had very bad reactions before. I even showed them pictures of how bad the reaction was. They said they use organic dye, assured me I wouldn`t get a reaction, and proceeded to put it on my scalp. That evening, my scalp began to redden, and the back of my neck and ears were sore. The next day, blisters had formed on my ears, and my neck was hot and throbbing. I went back to the salon to ask what dye they used. It said on the pack it shouldn`t be used if you`ve had previous reactions to dying hair and they should do a patch test. They called the owner but she was out for dinner so she said she would call me back which still hasn`t. Is there anything I can do? I feel the salon hasn`t taken my reaction seriously at all.