Questions & Answers

Q: A friend has taken a loan in my name. I was helping out and he brought all the bank people to me. I have not even known the amounts. He has managed everything, I have only signed and done everything according to his instructions. Two days ago he promised he will pay off half and had the money in INR and needs time to convert it. And now he has disappeared, his number is unavailable and everything. The amount is not small two. One was a credit card he gave me himself as an employee of the company and has outstanding there too. Can I file a police complaint? I have WhatsApp chats

هل يلزم إرسال الإنذار العدلي قبل البدء في دعوى مدنية؟

س: السلام عليكم، هل إرسال الإنذار العدلي أو الإخطار العدلي إلى الخصوم من خلال مكتب محاماة يعتبر خطوة أساسية قبل البدء في قضية مدنية أم يمكن البدء في الدعوى المدنية مباشرة؟ وهل المحكمة تسأل عن سبب عدم إرسال الإخطار أو الإنذار؟ مع جزيل الشكر!

Labor rights the employee can claim in case of terminating the contract by the employer

Q: I was working in a private company registered in the mainland of Dubai for more than 4 years on an unlimited contract. My visa was due for renewal on 14 February 2022. However, my employer has given me a 30 days` notice (as per the contract) of contract non-renewal on 17 January 2022 stating my contract will finish on 17 February 2022, although the visa expired on 14 February 2022. I have completed 4 years and 27 days with the company. Now my question is, will the non-renewal of the unlimited contract be considered as termination by the employer since the company has given the notice to me? In such a case, what will be the basis for gratuity calculation? Will it be 21 days for each completed year (since the employer issued the notice) or 14 days?

I left Qatar with possible absconding, civil and criminal cases. Can I enter the UAE?

Q: Hi there, In 2014 I had been to Qatar on a "Work-Business" visa valid for 30 days. Before my visa expiration, I fled from Qatar back to India without informing the sponsor or office management. After I returned to India, I received an email from HR stating that the Qatari sponsor has filed an absconding case, a civil case, and a criminal case against me with the Ministry of Interior in Qatar. Now my question is, can I travel to Dubai on a work visa? Will there be any issue entering Dubai assuming that the Qatari sponsor has filed the said cases against me? Awaiting your response, H. Currently staying in India.

Breaching a purchase agreement of a villa by a developer. What to do?

Q: Dear sir/madam, I am from Pakistan and a cancer patient. I purchased a villa land from a developer and as per the agreement, they had to give possession after 20% payment but I paid 70% but they did not hand over possession and sent me a demand note of 100% plus more added amounts. They did not comply with the terms and conditions themselves and kept on putting penalties on me. I am helpless. Maybe they will confiscate my money?! It is a matter of life and death for me. Can you help me, please?

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Can you enter Dubai if you leave a GCC country with possible civil and criminal cases?

Q: Hi Hayyan, In 2014 I had been to Qatar on a "Work-Business" visa valid for 30 days. Before my visa expiration, I fled from Qatar back to India without informing the sponsor or office management. After I returned to India, I received an email from HR stating that the Qatari sponsor has filed an absconding case, a civil case, and a criminal case against me with the Ministry of Interior in Qatar. Now my question is, can I travel to Dubai on a work visa? Will there be any issue entering Dubai assuming that the Qatari sponsor has filed the said cases against me? Awaiting your response, H. Currently staying in India.

Do you have to compensate your employer if you resign during probation?

Q: I have joined a company and got my visa stamped on 3/2/2022. Now I got a better offer from another company and have asked to join by 1/4/2022. Will I have to pay my current employer any compensation before leaving?

How to cancel a property purchased by a foreign company as the law doesn't allow it?

Q: I have a foreign company registered in South Africa that has signed a SPA with a developer in Dubai. However, the unit that we bought has not been registered with Dubai land affairs as apparently, foreign companies cannot own property in Dubai. We have paid 51% of the money and the developer is refusing to cancel the Agreement as according to our understanding the contract is invalid as it has been signed with a foreign company. And legally, the company can`t own the property that the foreign company has signed the Sales & Purchase Agreement for. Can you advise, please?

Increasing the rent while RERA calculator states that it should be the same

Q: Hello, My landlord wants to increase the rent by almost 10%, but according to RERA calculator, it should not be any increase. Can I issue cheques for a new lease for the next year, print and sign the new tenancy contract on the same conditions and bring it to the RDC to open "Offer and Deposit"? Or should I open "Petition" in RDC? What is the legal procedure for this if the landlord doesn`t accept to renew the tenancy contract on the same conditions? Thank you!

What to do when the company does not give you annual leave?

Q: Hi Ma`am, My work contract is 2 years, but the company didn`t give me leave for my vacation. What will I do?

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التكييف القانوني لعقد الصيانة والإخلال بالالتزامات

س: السلام عليكم، سؤالي بخصوص عقد الصيانة من حيث التكييف القانوني. هل يعتبر من عقود المقاولة؟ وكيف نثبت إخلال المقاول بالتزاماته في عقد الصيانة لإمكانية فسخ العقد؟

Can the employer start legal action on the employee for non-renewal of employment contract?

Q: I`m currently working in a transport company as a customer service executive for the past two years. Now my visa expires on 10 March 2022 and I decided to not renew the contract and submitted the non-renewal letter to HR 4th MAR 2022. Now they are saying they will not release me due to I need to inform one-month prior notice. I am ready to work for one month from my non-renewal notice but they are not accepting and said that they will go legally. Could you please advise?

How to revoke the POA of a lawyer for not doing anything with a personal injury case?

Q: Greetings Sir/Madam I want to get a legal advice on what to do, a friend of mine had an accident in Abu Dhabi. I wanted to help by getting a lawyer to help her get an injury claim; the lawyer requested that I must pay upfront legal fee of 10% of the assumed claim of 300,000, which amounted to AED 30,000. Upon paying, no payment agreement was given to me; I got only a receipt of payment. It`s over 7 months and the lawyer hasn`t done anything on the case. I try calling the lawyer and he`s refusing to pick up my call or contact me. Please, I would like to know what steps I could take to get a refund back from the lawyer/advocate. Thank you.

What are my options if the developer is delaying the handover of property?

Q: I purchased a property from a developer and paid approx. 16% towards the purchase price. To initiate the evaluation process, the bank demanded OUQUD from the developer and this cannot be produced because the subjected unit is already mortgaged with the bank. This information was not revealed by the developer to me and SPA was issued in my name. Now, they are delaying the handover of the unit because the unit has not been released from the bank. What legal options are available to me and where should I file a complaint against the developer?

How to clear a rental case raised by the landlord for renewing rent unilaterally?

Q: I just found out I have a rental case in Dubai. In the flat where I stayed, I have informed the landlord that I will not renew the contract before I went on vacation. I had canceled the water and electricity and got a clearance certificate but did not complete the closing process and the landlord wants me to hand over it personally while I informed them that I’m out of the country. I have paid an authorized person to process the handover while I’m out of the country but still they don’t accept it. They automatically renewed the contract as per the old agreement and went legal. There is a judgment also from RDC court to pay rent of 22k and evacuate. 1. There are no pending cheques. Is this a criminal case or a civil case? 2. Can I make an appeal? 3. Can I also make a request to bargain the amount to be paid as I don’t have a job right now. 4. What will happen if I will not pay?

What are the documents required to get a good conduct certificate?

A friend took a bank loan and credit card on my name and disappeared. What can I do?