Questions & Answers - Legal Advice Middle East

بلاغ تشهير بسبب لايف على مواقع التواصل الاجتماعي: كيف أقدم الدفع المناسب؟

س: السلام عليكم، تحدثت عن شخص بيني وبينه خلاف عبر لايف في أحد مواقع التواصل الاجتماعي. قدم بلاغ تشهير ووضع اللايف على فلاش وأرفقه للنيابة. السؤال: كيف أقدم الدفع المناسب؟ وهل أنكر أنني أقصد هذا الشخص في الإمارات؟

Is it required to cancel a Golden Visa upon setting up a company?

Q: Dear Sir/Madam, I am a Golden Visa holder (10 years) and my wife is under my sponsorship and has a Golden Visa as well. She is setting up a sole proprietorship professional company in Abu Dhabi (UAE) for MoHRE registration and e-channel. Does she need to change her visa from Golden Visa to her company visa? Does she have to cancel her Golden Visa? The TAMM system is asking her to cancel her current visa, which is a Golden Visa. Please help!

Employee mistakenly submits documents, police case filed: What now?

Q: Dear Sir/Madam, An employee submitted a document and its attachments to two municipalities to obtain an NOC from Etisalat for a plot. The employee, who did not know much Arabic or the procedures in that municipality, mistakenly submitted an already filled-out form from another project (which had already been stamped by the municipality) and simply changed the project information and submitted it. The employee later realized the mistake and corrected it in one municipality. However, in the other municipality, they took it as if the employee had forged the document and filed a police case. The company blamed everything on the employee, even though it was not his job to submit these applications. What will happen in this case, when it was all a little mistake? No one was hurt by it, and the project was not even started; it was just a land NOC.

DP World Dubai job offer without interview: Genuine or fake?

Q: Dear Sir/Madam, I have received a job offer letter from DP World Dubai without an interview. Is it genuine or fake?

Can I place an absconding order or travel ban on a maid left and did not return?

Q: Dear Sir/Madam, My maid has gone back to her home country and has not returned to the UAE. Can I place an absconding order or travel ban on her? What is the process for doing so?

The labor card is expired, and the employer refuses to pay the fine. What to do?

Q: Hi, I am working as a security guard in a private company. My labor card expired on January 16, 2022, but my visa and ID are valid until May 2024. Can I cancel my visa, or should I complain to the Ministry of Human Resources and Emiratisation (MOHRE) if my employer refuses to pay the fine for my expired labor card or renew it? Please advise!

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What does it mean canceled in labor case status I have a labor case going in Dubai Courts

Q: What does it mean when the status is canceled for a labor case? I have a labor case going in Dubai Courts and when we check, it is showing canceled.

How can I close a company I have RAKEZ without the presence of my partner?

Q: I am a 50% shareholder in a company at RAKEZ, and the 50% shareholder is my partner who has left the country and will not return. I cannot run the company alone. Next month the company is due for renewal, the expenses of which I cannot afford. I want to close the company. RAKEZ people say file a case and bring court papers to close the company. Where can I go, what should I do, can I get help? I do a small job in the shop.

Can a single mother claim child support if she is not married to the father?

Q: I have a question related to the new rule in the UAE related to a single mother. The mother declared herself as a single mother and had a judgment from the court as a single mother and the baby is from a boyfriend without marriage. Can she later on after 4 or 6, file a case against the boyfriend/father of the baby for monthly expenses? What legal option she can use against the father of the baby even if she has already declared herself as a single mother and has a passport for a baby?

What can I do if the real estate agent refuses to hand the house after payment?

Q: I have a two-pronged question. I was looking to rent a house and I`ve paid the first three months, deposit, and agent fees together. I`ve also signed a contract. The agent has refused to give us the keys until we give him the SEWA deposit as well. Now at this point, I`m having misgivings about the agent. The agency is not listed on the Sharjah government`s RERA website. The agent showed us a free zone license which is valid till September 30th. The agent also keeps insisting on cash and is not sending us a copy of the contract we signed. At this point, should I give him any more money or can I insist on receiving the house keys first? The tenancy is supposed to start on the 1st of October, but previously he had told us that we would get the keys as soon as we pay the first installment. Also secondly, if the agency is listed as a free zone business, is it not required to be registered on the Sharjah government website?

Can I change my visit visa into a work permit without entering the UAE?

Q: Can I change my visit visa into a work permit or get an eVisa without entering the UAE? My visit visa was issued. I didn`t enter the UAE and my employer sent me a MoHRE contract to my home country and processed my eVisa. Is it possible?

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How can I exit the UAE without paying overstay fines?

Q: Dear Sir/Madam, I have 50 days of overstay fines. I have an air ticket, but my company still has my passport. I want to exit the country, but I don`t have money to pay the overstay fines.

What to do if developer does not acknowledge clearing service charges by court?

Q: I have purchased a property unit through court and have a court letter that clears service charges for the previous owner. The developer OA acknowledged it but still has not amended it because of their bureaucracy (4 months so far). Even though they acknowledged that the service charge was wrong, they sent me a legal notice through Molak that I had to pay in 30 days or they would auction the unit. Now, I am not sure what to do, believe the developer and wait for them to fix the service charge, pay the wrong service charge to avoid legal action like auctioning the unit, or file a complaint with the court or RERA.

How to send a legal notice to the tenant for defaulting on rent payments?

Q: Our tenant has been repeatedly defaulting on his payments in the current and previous tenancy contracts. On the previous default of payment, a notice was sent. Accordingly, on default this time, we sent him a 30-day email saying that you are in default of payment and please make the payment. And now the 30 days have expired. Will this email be considered a valid notification or do we still have to give a notice through a notary public, and if so, how many days the notice has to be given?

My company filed a case against me. How to cancel my labor contract?

Q: I have a question. I have a labor case filed by my company last month of May that says it’s transferring to court. but until the month of August, I never received any calls, emails, or SMS messages from Dubai court and I have my NOC from Dubai court stating that I don’t have any case registered in court. My company didn’t cancel my labor contract until now. It expired last August 24, 2023. Will the labor case I have be closed by MOHRE and can I have my labor cancellation?

Employer filed absconding case for resigning over unpaid salary: Is it legal?

Q: Hey, My employer filed an absconding case against me on September 4, 2023, during my notice period, which ended on September 7, 2023. However, I stopped going to work on August 11, 2023, because I had not received my salary for July, while the rest of the team had been paid. I sent an email to HR explaining that I could not get to work due to transportation problems, and they replied asking me to send all handovers by email and promised to send my final settlement, which I received two days ago. My last day of work is listed as August 11, 2023, and the reason for leaving the company is listed as RESIGNED, both of which are correct. Is it legal to file an absconding case against an employee who resigned and stopped going to work because the employer has not paid their salary? I have not yet been paid for July.