Questions & Answers

س: السلام عليكم ورحمة الله وبركاته، أنا وزوجتي الثانية نمر بظروف صعبة وأفكر جديًا في الطلاق؛ علمًا بأنه لا يوجد أبناء منها وتزوجنا منذ سنة. أنا موظف في إحدى شركات أبوظبي وأتقاضى راتبًا جيدًا جدًا ولكن لدي التزامات كثيره؛ منها ديون للبنك للسيارات وأقساط شراء مسكن وغيره. زوجتي أيضًا موظفة في إحدى شركات أبوظبي وتتقاضى راتبًا جيدًا. أعلم أن قانون دائرة قضاء أبوظبي ينص على نفقة العدة ونفقة المتعة للمطلقة من غير أبناء ولكن لا توجد طريقة احتساب واضحة وأود معرفة حجم الضرر قبل اتخاذ القرار النهائي. لتيسير احتساب النفقات، نفترض أن راتبي الإجمالي من غير الخصومات الشهرية هو خمسون ألف درهم. ما طريقة احتساب النفقة في هذه الحالة؟ معلومة إضافية، زوجتي الأولى في عصمتي ولدي ثلاثة أبناء منها.

How to claim the amount of an unpaid invoice from client after providing all services?

Q: Dear Legal Experts, I have a client who had hired me for a film production project in 2020. He cleared some advance but then during the filming, some more services were added to the job and he owed me around USD 7000 after the filming was completed. However, despite several follow-ups, he finally refused to clear my payment citing damages made by models provided by us - which is baseless. I passed the case to a collection agency but there was no result as he is not responding to any communication. What should I do?

Can the wife prevent her husband from claiming the custody of baby?

Q: I am British and had a baby with a Syrian/Italian expatriate. We both live in Dubai, but I came back to the UK to have my baby. During this time, he was sent to prison for fraud where he remains and I do not want him to have anything to do with my daughter as he is a very bad person. He is not on the birth certificate and I did not give her his name so under British law he has no rights or claims to her. However, I am moving back to Dubai and want to know the legal situation if he tried to claim her. I have heard even though we are British and he is not legally her father here, the UAE legal system will favor him as a man. Please could you advise me? Thanks

The tenant is unreachable. What to do?

Q: If a tenant of a retail lease in the DIFC fails to pay the rent and is unreachable, what steps can I take after serving the notice of breach and the tenant failed to remedy within 30 days of the said notice?

How to check a travel ban possibly requested by the employer?

Q: How can I check if my employer put a travel ban on me?

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Legal requirements for starting a business by a minor

Q: Legal requirements for starting a business by a minor in the UAE I am currently 16 and I’m an Emirati national. I am willing to start my own e-commerce business. Is it possible to get an e-commerce license even if I am a minor?

Eviction of a tenant for overstay beyond contract end

Q: Eviction of a tenant for overstay beyond contract end and nonpayment of previous rent The property is in Dubai. My tenant has not been paying for over 3 months, now the tenancy contract is finished since 9.07.21 and though I offered him the chance to renew upon settling the old debt and giving the cheques for the new contract, he is avoiding me, not replying, and still staying in the apartment. What is the fastest and least costly way to evict him? In case of public notary notice, where is the least costly? What are the timeframes for eviction?

Having a company and a license to create a mobile application?

Q: I am creating a mobile application, and I would like to introduce a payment process within the app to facilitate the whole process for the service provider. Now, the idea of the app is similar to (meetups); anyone can create an event and the event can be set as a paid event, joiners will have to pay the organizer which can be anyone signed up to the app. Usually, the process goes like this people pay the organizer on the spot in cash. I would like to make it to be an online payment to the organizer. Do I need to have a company and a license to start this? And is the process of the app idea allowed here in the UAE?

Can I renew my visa if I have an ongoing rental case?

Q: I have a rental case filed by my landlord and the hearing is in October 2021. Can I renew my visa?

Executing the final judgment of a labor case when the employer does not respond

Q: Dear All, I filed a case against my employer in May 2020 for my pending salary and EOSB. The judgment was given in my favor in the first instance, but my employer appealed, and again, the appeal judgment was given in my favor. It has been 4 months since the delivery of the judgment. There is no settlement of my dues from my employer, despite giving notices and warrants. The company is 100% owned by an Emirati. It looks like the owner never responds to the court order. Please advise how can I get my dues? It is more than a year I filed a case. I have outstanding loans and cards to be cleared. I am in a very difficult situation. Regards,

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إلغاء اتفاقية حجز عقار

س: إلغاء اتفاقية حجز عقار وقعت وثيقة حجز شقة ودفعت الدفعة الأولى وتم خصمها في حساب ضمان الشركة، ووقعت شيكات مؤجلة بقيمة 30% من قيمة العقار. صارت لي ظروف غير متوقعة وأرغب في إنهاء الحجز واستعادة الشيكات، مع العلم بأني لم أوقع العقد النهائي. هل يجوز لي ذلك؟

Forcing an employee to sign a paper before receiving his dues

Q: Hello, To anyone who has a good heart to provide me free legal advice for my concern. My company is forcing me to sign an Arabic suing letter and it is really against my will since when I asked my friends to translate it, it was different from what I said and explained. Now they are threatening me that I will go to jail, They don`t want to process my vacation leave, vacation pay, gratuity, and even my 2 months delayed salary unless I sign the paper. This week is also my wife`s delivery for which an original passport is required, but they don`t want to release my passport. I think they broke a lot of UAE law since these actions that I mentioned are really against UAE Law.

Inability to leave the employer until they find a replacement for me to train

Q: Dear Ms. Rajasree, I would like to ask if an employee is not allowed to leave a company, even after completing the notice period, without having the employer found and trained a replacement? I mean, I am willing to train if there is someone. But shouldn`t it be within my notice period? Can I stop going to work after my last day? And what can I do if I do not have anyone I can hand over to? Can I send an email attaching my hand-over list and procedures using my personal email towards the end of my notice period?

Getting a labor ban for resigning during the probation period

Q: Hi, Will I get a labor ban for resigning during my probation period? I am under an unlimited contract for a private company in Abu Dhabi. Status amended on 10/01/2021. I passed a resignation on 08/06/2021. This is my 1st contract with them as my 2nd job in the UAE. My 1st job was in Dubai and I completed 1+ years with them.

Proving that lung scars are not related to TB after being banned

Q: Hi, I went to the UAE in 2019 on a work visa along with my husband. During my medical fitness, they found scars on my lungs. I got a Quantiferon gold test done privately, however they didn`t give me a chance to discuss and I was asked to leave the country within a month`s time post a retina scan. Considering that I couldn`t stay in Dubai and didn`t have a job in hand because my employer was insisting on leaving UAE in 4-5 days else their trade license could get revoked, I came back and re-settled in my home country India. I came back to India and got all my tests done. I`ve never had TB - active or inactive. The lung scars are due to a completely unrelated condition called Sarcoidosis which is a non-communicable, auto-immune disease. I am getting now job offers from Dubai again. If I want to apply again and try and apply for a work visa again, would the process be given that there has also been a rejection once?

Overstaying in Dubai because the boss doesn't want to make a contract

حساب نفقة المطلقة بدون أولاد في أبوظبي