Questions & Answers - Legal Advice Middle East

How to execute a labor judgment when the company is not active?

Q: I have received a judgement in my favor in a case against my previous employer (LLC). Now it is in the execution stage. The particular division of the company where I have worked is not active. There are no assets or funds. They have made a person the manager and shifted him to India so arresting the manager is also not possible. The owner of the company has other active companies. They are not at all willing to pay anything. Most of my colleagues are also waiting in the execution stage. It has been more than 3 years now. Is there any solution to recover the rightful amount from the owner? Thank you in advance!

What to do when the execution is rejected because the court didn't finish the fees file?

Q: Hi Madam, I have received a judgment in my favor. The company has to pay my 1-year salary. The judgment has been received but the execution is pending. Every time I visit Al Adheed, they take a fee of 31.5, and a few days later, the execution is rejected. It has happened 2 times, when I asked, they said: "the court didn`t finish the fees file". What is the next step I should do? How should I proceed? I stay in Abu Dhabi, I should travel to Dubai every time for this. Can I get some help, please? Any help in this regard is appreciated. Thank you!

Inheritance procedures after the death of husband in the UAE

Q: Procedures after the death of husband in the UAE. I am an 88-year-old Hindu widow living in Dubai. My husband died in Dubai a few months ago. My husband did not have a Will. I request assistance on the correct steps and procedures to get the money my husband had in his name and in joint names in Dubai banks and also some funds in India + plus one old car in Dubai. There is also an existing execution case in Dubai courts where a person owes money to my husband. I have a son and daughter and they are willing to make any POA or document that I might need. A) I heard that first I have to start a "Succession Certificate file" and then I have to start an "Inheritance case". Is this the correct procedure? Do I need both steps or only the first? Should I submit a list of known assets when asking for a Succession Certificate or when starting an inheritance case? B) What documents do I need? What attestations should these documents have? I am a poor lady, bedridden due to disease. I look forward to your help.

Can the partner of an LLC remove the UAE national partner with the law change?

Q: I have a general trading company in Dubai that was formed this year. I own 49% and a local sponsor owns 51% as per the UAE laws. However, is it possible to own 100% of the company instead of not having to require a sponsor due to newly reformed laws?

The following steps upon receiving a rental dispute verdict

Q: Dear Sir/Madam, Good day! May I request you to please give me some legal advice after receiving the rental dispute verdict? My questions are: 1. When the decision becomes final and executory? 2. What would be the next step that both parties have to apply for the execution letter? What would be the next step and how many days we have to wait for the final execution? 3. Can we deposit the key and the parking card to Rental Dispute Center while waiting for the final execution of the judgment? 4. Can we request an NOC from RDC to move out of the premises? Highly appreciate your response and thank you very much in advance! Best Regards,

Does the ex-husband need a special nanny for his daughter after winning custody?

Q: I’m divorced from my husband. He is a UAE citizen and I’m from Europe. We have a 4-year-old daughter who lives with him after divorce. One thing that concerns me is that he doesn’t have a special nanny for our daughter. Is it required by law that after divorce if the father gained custody over the child he has to have a special nanny for the child? He lives with his mother but she is around 65 years old. And there is a housemaid who does all the housework including cleaning, cooking and she is the one looking after my daughter. So does he need a special nanny for the child or is it considered that his mother has to look after our daughter despite her age?

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هل تسقط القضايا التجارية المحكومة (قرض شخصي) بعد ٥ سنوات؟

س: مرحبًا، هل تسقط القضايا التجارية المحكومة (قرض شخصي) بعد ٥ سنوات؟ شكرًا!

Can I file a case for labour dues if the employer filed a criminal case against me?

Q: Hi My company fired me after 8 years of service for accusing me of 10k. The case is still in the prosecution and I provided evidence. My question: Can I file a case in labor to get my end of service and my last month`s salary? Should I wait for the decision from the prosecutor to file the case in labor?

Can I reduce the notice period from 60 days to serve 30 days and pay the rest?

Q: Dear Concerned, I have been working here in the UAE for more than 2 years. Our company notice period is 60 days. My visa status is an unlimited contract. Are there any possibilities to get out from here in 30 days? I am ready to pay 30 days` salary to the company. Please give me an advice about this. Is there any legal possibility?

Accusing an employee of stealing and firing him while being on vacation

Q: Hi, I`ve worked 8 years and my company fired me a month ago while I`m on vacation for accusing me of stealing 10K (AED). They have evidence and show my signature that I signed last 2019; it happened 2 years ago. I asked them to show me a CCTV that I took the money but since it happened 2 years ago, my company cannot provide CCTV footage or eyewitness. Now they file a case against me in Dubai and I have provided all evidence to the police station where they opened the case. I am still waiting for the results of the prosecutor`s decision. 1. What are the chances of winning this case? 2. If I win (inshAllah), can I sue them for wrongfully accusing me? 3. Can I still get my end of service for 8 years and my last month`s salary if ever I win or lose?

نقل ملكية عقار يملكه مواطنون كويتيون من أحدهم للآخر

س: السادة الأساتذة المحترمين، السلام عليكم ورحمة الله، لو هناك 3 إخوة كويتين لديهم شقة تمليك في الشارقة وأحدهم مدين لأحد أخويه بمبلغ ويريد أن يعطيه نصيبه في الشقة مقابل المبلغ أو الدين. ما الإجراءات اللازمة من ناحية نقل ملكية العقار؟ وما الأوراق المطلوبة؟ وما صيغة التوكيل المطلوبة؟

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عدم القدرة على الامتثال لشرط التحكيم الوارد في الاتفاقية

س: السلام عليكم، تم التعاقد مع أحد الشركات على أداء خدمة وتقاعست الشركة عن أداء التزامها. مذكور في العقد شرط تحكيم يُلزمنا عند نشوء أي نزاع قانوني أن نلجأ إلى مركز دبي الدولي للتحكيم DIAC. مع الاتفاق على تعيين 3 محكمين وتطبيق قانون التحكيم الإماراتي 6 لسنة 2018. فوجئت عند التقدم بطلب التحكيم أن المركز يُلزِمني بتطبيق قانون التحكيم الخاص بالمركز وهو الذي قد يعرضني مستقبلاً لبطلان حكم التحكيم خاصة أنه تم الاتفاق مسبقًا على كافة الشروط. السؤال: ما المخرج لهذه المشكلة حيث أن العقد يُلزمني باللجوء إلى مركز دبي للتحكيم وتطبيق قانون التحكيم الإماراتي؟

How to accelerate cancelation of visa to join another employer?

Q: Hi, I was working in a private company since 2018 and I renewed my contract last 2020, then I found a new opportunity. I`ve submitted my resignation letter last May 2021. I asked only for a 15 day-notice because I need to start with the new company. It took 2 weeks before they approved my resignation. Now I`m begging for my cancelation, but they`re always saying that it is in process already. Can you give me some advice?

How to remove an absconding complaint and clear overstay fines to get a new visa?

Q: Hi, I had a visit visa (job seeker) and it expired before I get a job. So now I have an overstay fine and they have put an absconding case on me. I think it was from immigration. Is there a way to remove the abscond (without me going to immigration) so I can get a new visa after taking care of the fines?

إرسال عروض عمل لموظف بعد رفضه العقد المقدم من منشأته

س: في حال رفضي للعقد لأي سبب من الأسباب بالمنشأه الموجود فيها حاليًا، هل يحق لأي منشأه أخرى إرسال عقد عمل لي؟ أفيدوني بارك الله فيكم!

What to do after facing a credit card case by the bank and payment of a fine?

Q: I lost my job in March 2020. Had a loan payment and credit card payment going with the bank. I could not pay the loan EMI, the bank filed a case and I had to pay the fine of AED 10,000/-. At this point, I`m still jobless and unable to pay the credit card minimum due since April 2020. My query - 1- I don`t remember giving any blank cheque for a credit card since it was issued by the bank without my request, can they still file a case? 2- In the meantime, if I get a job, can I open a salary account with a different bank?