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Questions & Answers
UAE
Transfer labor dues of a deceased employee to his family in home country
Q: Hi, I am reaching out to seek advice on the payments (i.e. insurance claim, final settlement) as the employee passed away and left the spouse and two kids age 7-year-old son (autistic), and 1 & half year daughter. The employee is non-Muslim and passed away outside the UAE while visiting his home country. As an employer, we intend to pay the deceased family in their home country account for the insurance and final settlement. None of the deceased family members here in the UAE and the spouse will not be able to travel to the UAE in the given situation of the pandemic. However, the family is in great need of finances since they are the main beneficiary. As an employer, we seek advice if we can transfer the payment to the employee deceased beneficiary account in the home country instead of the deceased employee bank account in the UAE. Thank you Questions & Answers
UAE
How to sue a client for holding our fees and encashing our guarantee cheques?
Q: I have a client based out of Al Ain, for whom we had done a project. They have defaulted on payments and have now encashed our guarantee cheques despite us completing the job well. What options do I have to recover our payments? Questions & Answers
UAE
What can I do if the property selling agency denies MOU terms?
Q: I am the buyer of a property and I signed MOU with an agency. One of the MOU clauses was “if the property valuation is less than the selling price, then the MOU is null and void”. The valuation came less than selling price and the agency is refusing to give the cheque back. What can I do? Questions & Answers
Kuwait
هل يمكن اعتبار مخالفة عقد الشركة خيانة أمانة تستوجب العقوبة الجزائية؟
س: سلام عليكم أنا مقيم بدولة الكويت وتشاركت أنا وكفيلي على محل ووقع كفيلي على كمبيالة لشركة فتح حساب وأنا أنزلت بضاعة من شركة بدون علم كفيلي للمحل. وعندما علم قال سيسجل علي قضيه خيانة أمانة وتواصل معي المخفر لأحضر يوم الأحد. هل إذا حضرت وتم رفع قضية ضدي خيانة أمانة سأدخل السجن أو لا؟ أرجو الرد السريع وشكراً لكم Questions & Answers
UAE
Filing a divorce claim by wife while a divorce process is already filed in Europe
Q: My wife secretly filed a divorce claim behind my back on a false basis of being abandoned by an alcohol/drug addict who never paid for his daughter and not knowing where I am. Although she knew a divorce process was already filed in Europe, I am now facing major legal costs in the UAE. Can I get compensated for these and the emotional damage costs caused by her actions? Questions & Answers
UAE
Is it mandatory to have an Arabic lawyer for a labor case?
Q: Does the employer need an Arabic lawyer to represent him in a labor case? Is that mandatory? Or the owner of the company can represent himself. Questions & Answers
UAE
What can I do if the employer is not accepting resignation and visa cancellation?
Q: Sir, I`m working in a security company as a security guard since June 2018. Now my visa is going to expire in August 2021. I don`t need to renew my visa. I gave a resignation letter to the company but they are not accepting it. They are refusing it from head office. I need to go cancel my visa but my employer is forcing me to renew my visa otherwise I`ll stay here for 4-5 months without a job and I will pay the overstay penalty also. The employer is threatening me and he did not give me vacation and vacation money yet. Can I go after my visa expires? Will I get a settlement from the company? My passport is also going to finish the same month after the visa expires. Please give me an answer. Questions & Answers
UAE
قضية نصب واحتيال ضد شخص حرر شيك عن حساب مغلق
س: لدي شيك من شخص بقيمة تسعون ألف درهم وللأسف الشيك صادر عن حساب مغلق ومحرِّر الشيك على علم مسبق بأن الحساب مغلق. بناءً عليه، هل يمكنني رفع قضية نصب واحتيال؟ وهل يمكن تحصيل المبلغ؟ مع العلم بأن محرر الشيك يقوم بتسجيل كل ما يملكه بأسماء أشخاص آخرين؟ يرجى الإجابة ولكم جزيل الشكر! Questions & Answers
UAE
A fine is paid for a bounced cheque case. Is it over?
Q: Hi sir, I have a bounced cheque case in Alain. I was in Jail for 2 days and I paid 1000 fine. After that, the police said that they cleared the case. But now, I got another issue that the court hearing is in Alain for the first instance on the oncoming days. I would like to ask you about this. If I didn’t attend or present that hearing day, any problem will be faced like a jail term or a travel ban? Any immigration problem will be there? Please advise! Questions & Answers
UAE
Request to extend rent for a few days and landlord's right to charge me for that
Q: Hello, I had provided 90 days` notice of tenancy cancellation to my landlord and he acknowledged the same. As per this, I am supposed to vacate the villa on 20 July. I now need to extend my stay for 4 additional days (21 - 24th July), due to unforeseen circumstances. What is the rule in this regard? Can a tenant request for the same and is the landlord obliged to agree? Or can he charge me for the 4 extra days on a pro-rata basis? For your info, I have been a tenant at this villa for 8 years. Thank you for your assistance. R. A. Questions & Answers
UAE
Discovering that the car is not in a good condition after buying it. What to do?
Q: Good afternoon, I bought a Lada car in Ras Al Khaimah last Saturday. I tried the car there, no particular driving issues. I went with a friend more specialized than me in mechanics, he didn`t notice anything when opening the hood. The owner came with me to Tasjeel in order to do the transfer of property, so that I can bring the car to Dubai (where I live) to have it checked before redoing Tasjeel. The feedback of the garage is clear: many parts are rusty, paint was redone and anti-corrosion applied, the car may have been flooded. Also, the engine is cracked. I contacted the seller (an Emirati), telling him that he did not mention all of the above when we met on Saturday. I offered to bring back the car to Ras Al Khaimah, and redo the transfer of property at my expense which he refused. May you please help me to know what are my rights in that regard? I search on the internet and came to know that a New Consumer Protection Law of UAE was recently published. Thank you for your help! Questions & Answers
UAE
إنهاء عقد العمل بدون إنذار
س: أنهى صاحب العمل عقدي وأنا مدوام في العمل بدون إنذاري وبدون توقيعي. ماذا أفعل؟ Questions & Answers
UAE
What to do if the immigration mistakenly cancels your visa and put a travel ban?
Q: Immigration mistakenly canceled my visa and gave me a ban due to mistaken identity or so. When I wanted to travel to my country I found that about it. Now I am in the UAE and I want to remove the ban and make a new visa, but I don`t know how to go about it. Questions & Answers
UAE
A judgement of jail and fine in Ajman court and possibility to remove the jail sentence
Q: I have a police case in Ajman court. The judgment is AED 1100 fine and 1-month jail. I paid the fine but I did not go to court and surrender to 1-month jail. Now my visit visa is expired and I cannot extend it. I want to go to my country. Any options that I have without going to jail for 1 month? Questions & Answers
UAE
Is the tenant obliged to extend tenancy for one month to meet the notice requirement?
Q: In my tenancy contract I have this clause: "If the tenant intends to vacate or renew the tenancy on the expiry date, he/she agrees to give the landlord at least ninety (90) days written notice. a) Renewal should be signed and the rental cheque has to be paid 1 month before expiry, otherwise, the landlord has the right to find a new tenant." I gave the landlord notice 60 days prior to the expiry date. Now he is asking for a penalty of one month from me or extending the contract for 1 month with an additional one-month payment. However, in the clause, I don`t see any reference to such a penalty. The only written sub-clause is that renewal should be signed one month before expiry, otherwise, he can find another tenant. I want to leave the last day of the contract, therefore I don`t have any issue with him finding another tenant afterwards. Based on the above, is he eligible to get a penalty? Kind Regards, D. D. Questions & Answers
UAE