Questions & Answers - Legal Advice Middle East

Leaving the UAE with a loan and issuing a POA for a friend to sell the car

Q: Hi there, My friend left Abu Dhabi in July 2021 to travel to her home country for the school holidays. She was unable to return due to flight restrictions imposed by the U.A.E for her home country. As a result, she lost her job. She has outstanding credit card loans which she could not repay for the last 6 months. She has a car that is fully paid for and has asked me to sell the car on her behalf. She wants to give me power of attorney. My only fear is that she may be criminally liable for her unpaid credit card loan (approximately 23000dhs). I must add that before she leave the UAE, she left her job as she was going to start a new job upon her return from her home country so she`s called the bank (very recently) and has relinquished her gratuity and final 2 months salary to the bank. She does still, however, owe the above-mentioned amount. Can I legally sell her car for her without any legal issues for myself? I want to help my friend. Thank you!

Can the employer ask the employee to sign a waiver before releasing labor dues?

Q: I was terminated by my employer in Qatar after 10+ years of service without assigning a reason (which apparently is as per the contract). I have now transferred my sponsorship to another company in Qatar. Question 1: My employer wants me to sign a "Settlement and Release Agreement" before they release my receivables including gratuity and 3 months salary and not including any severance pay that`s not part of the contract. Can they legally require me to sign the release (which is basically a waiver to sue them against wrongful termination and everything under the sun) to release my gratuity and notice period salary that`s already covered under my contract? Question 2: Also, under Qatar law, can an employer ask employees to work 6.5 hours a day during Ramadan for a 5 day work week?

How to claim the labor rights of late father from employer who refuses to pay?

Q: My father has passed away in Pakistan after serving 17 years in a private company in Dubai. The company has refused to pay his gratuity due to a lack of funds. In case I need to apply for a labor case, what are all the documents required? My father had two wives, my mother being the first wife and my stepmother (currently living in Morroco with my two young stepsisters) and both of them are out of the UAE.

How to withdraw money from the company account before it makes profits?

Q: Hello, I would like to incorporate an LLC in the UAE, but it is unclear when the company will make profits. How can I withdraw money from my business account? In the US, that can be done via owner’s draw. Is this similar or does that work differently?

Joining a competitor in the UAE after terminating a labor contract in Finland

Q: Dear lawyers, If my contract is terminated by a Finnish company, can I join a competitor in the Middle East if I have a clause in the contract saying I can not join a competitor?

What are the procedures to get paid after obtaining a favorable labor judgment

Q: I have received a judgment for an amount of more than AED 150k. Do I have to wait for the company to contact me to pay OR do they pay the court and the court will pay me? Do I have to wait for 30 days period and then file for execution? Or should we visit Al Adheed? Thanks

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Terminating a tenancy contract and claiming refund for failing to hand over property

Q: I approached a broker from an agency to rent an office in Business Bay. So he informed us to pay 23000 and broker charges first, then they will provide us with the documents and key. After the payment, the broker gave the key and tenancy contract and told me that the owner of the office will come with me to register the EJARI and gave me the contact number of the owner. I checked with the owner, he said the previous tenant ran away so he has to unblock something, and he is trying to do. After 13 days still, he is trying to unblock something. We didn`t get the EJARI till now. Without EJARI, we cannot move to the new location and we cannot apply to Etisalat connection. Can I ask for the payment back and cancel the contract they made for me? And also, can I collect back the broker charges? Do I need to move legally, and if so, where should I complain about this matter? Thank you

حق الابن في إرث جده الذي توفي بعد أمه وفق الوصية الواجبة

س: السلام عليكم، أنا ولد وحيد أمي أريد أن أعرف هل يحق لي أن أرث أمي المتوفاة عام 2012 من جدي الذي تُوفِّي بعدها عام 2017 وفق نظام وقوانين دولة الإمارات العربية المتحدة؟

How can an expat wife get her rights upon divorce?

Q: Hello, I am a British ex-pat with a residential visa in the UAE. I have married my husband under the UAE Sharia law and became his second wife. Now after a lot of trouble with his first wife, we genuinely decided to divorce. We have no children together and we are both not living in UAE anymore. Kindly advise me about my rights in this case and the regular divorce procedures. Do I have a right to a divorce settlement or maintenance until the divorce is finalized? Do you have any helpful tips? Thank you so much for your help and advice!

ما الفرق بين أمر الأداء والدعوى المدنية في المطالبة بالدين؟

س: مرحبًا، ما الفرق بين أمر الأداء والدعوى المدنية في المطالبة بالدين؟ شكرًا!

Is it possible for an unmarried pregnant to go for a medical check-up in the UAE?

Q: Dear sir/madam, I am 2 months pregnant and unmarried, currently residing in Abu Dhabi. Can I stay here or not? Am I allowed to go for a medical check-up in any healthcare facility?

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التكييف القانوني لواقعة اقتحام منزل وقتل مَن فيه

س: السلام عليكم، في ليلة الحادث الموافق ٢/٣/٢٠٠٥ وبعد الساعة ١٢ ليلاً نفَّذ المتهم (س) جريمته التي صمم فيها على قتل أهل زوجته التي على خلاف معه والتي تركت دار الزوجية مع أطفالها إلى دار والدها فحمل البندقية العائدة له بعد أن ملأها بالعتاد وتوجه إلى دار عمه والد زوجته وأطلق النار على الباب ففتحه. لما دخل الدار أطلق النار على والد زوجته وعلى زوجته وابنته وبعدها خرج من الدار شقيق زوجته المجاور لدار والده، وبعد أن ركّب الجاني مخزن جديد للبندقية وخرج إلى كراج الدار أطلق النار على شقيق زوجته ذلك لاعتقاده أن والد زوجته وإخوتها يمنعون زوجته من العودة إلى دار الزوجية. المطلوب: التكييف القانوني للواقعة.

حقوق زوجة المواطن الوافدة في حالة الطلاق

س: السلام عليكم، أنا زوجة لمواطن إماراتي وأنا يمنية وعندي طفلين أحدهما مريض ويحتاج إلى رعاية طبية. اكتشفت أن زوجي يخونني ويكلم نساء غير أنه مقصر معي ويهملني وأريد أن أتطلق منه. أريد أن أعرف هل لي الحق في طلب الطلاق؟ وهل سيكون أبنائي في حضانتي؟ وهل لي نفقة ولأولادي؟

Can an Emirati child sponsor his/her mother upon divorce?

Q: Dear sir/madam, I just got divorced and I have a 2-year-old child. My son is Emirati and I’m Canadian. How do I transfer my visa from my ex-husband to my child’s sponsorship? I was told that Emirati children can sponsor their mother’s visa, but I cannot find any details online anywhere about this.

How to protect the financial transactions from being considered money laundering?

Q: Hello, I have a question regarding the legality of the following scenario: 1) UAE company 100% owned by individual "A" provides service and invoices of a foreign company of which individual "A" owns 40% share. 2) UAE company 100% owned by individual "A" provides service and invoices of a foreign company of which individual "A" is an employee (CEO, General Manager or such) and has no ownership. All transactions would be made bank to bank transfers, fully transparent, with invoices to support each transaction. The reason I am asking is that I have seen on an online forum (not run by experts) that this might be considered money laundering or illegal invoicing! Your help is much appreciated! I am trying to make sure that any future ventures I might consider are done by the book and according to UAE laws.

What to do when you give a cheque to a finance house and it changes its name?

Q: Assalamu Alaikum Sir, My name is N. I had given one cheque in the name of a finance house. Now the finance house name is changed to another name. Can the cheque with the new name company I gave change? Can they use the cheque with the new name that I have given in the old name? Please reply. Thanks & regards. N.