Questions & Answers - Legal Advice Middle East

What are the consequences of failing to pay a personal loan to the bank?

Q: Hello, Can someone advise me please on my situation? I have a personal loan which is AED 43000. What actions can be taken by the bank or police against me if I will not be able to pay? Thank you

Registering a labor case with Abu Dhabi labor court from abroad?

Q: How can I register my labor case with the Abu Dhabi labor court once I am outside the UAE? I already have an MOHRE letter with all details of my claim (some of the details are not correct) like the amount I want to claim. I believe this can be amended once the case is registered in court.

Apply for a divorce while the husband is not in the UAE

Q: Hi, I am an Indian national and coming to the UAE to get settled with my boyfriend. I and my husband are currently living in the UK. But we want a divorce. My husband will stay here in the UK after I move to Dubai. Is there any way I can apply for a divorce in the UAE if my husband is not in the UAE?

رفع دعوى مدنية بخصوص شيك مرتد ومن ثم التقدُّم ببلاغ لدى الشرطة

س: هل هناك مانع من رفع دعوى مدنية بخصوص شيك مرتد ومن ثم التقدُّم ببلاغ لدى الشرطة؟ أي هل سلوك الطريق المدني لا يُسقِط حقي في توقيع العقوبة على الشخص الذي وقَّع على الشيك؟ سبب السؤال أن الشركة التي أصدرت الشيك بدون رصيد صدر قرار من الدولة لوقف اتخاذ إجراءات جزائية ضدها مؤقتًا؛ لذلك أريد أن أسلك الطريق المدني ثم الجزائي لاحقًا.

How to demand end-of-service benefits after the cancelation of work visa?

Q: I have signed the cancelation of my work visa but still haven`t received my end-of-service benefits. It has been almost one month and my visa will be canceled in a couple of days. I have tried reaching our company HR but they are not responding. What should I do?

Vacating an apartment because the tenant subleased it

Q: Good evening, My tenant in JLT has subleased the apartment to bachelors. I would like to send him a notice to vacate pursuant to article 25 of Law No. (33) of 2008 Amending Law No. (26) of 2007. Is there a standard template to send a notice? Can I send it by registered post?

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The status of untaken annual leave in case of resignation and termination

Q: If the worker is dismissed or he resigns, is he entitled to a salary for any annual leave he did not use? It is unclear whether the basic salary only is included or the allowance. It remains arbitrary and so many disputes raised about this subject. Is there anything solid I can use to claim the full salary for the untaken annual leave in case of termination? Thank you!

Knowing the whereabouts of a person in Dubai after being contacted by police

Q: My mum was accused of stealing jewelry from her former employer, and her employer reported it to the police which she worked for 6 years as a nanny. She was called by a police officer telling her to come to the police station and she went there. Since then, I cannot reach her through the phone. I`m afraid she`s been detained. Please enlighten me. I need answers I`m worried about my mum. I`m in the Philippines and my mum has been working in Dubai for almost 8 years now.

Employees leave their jobs to join other companies, what to do as an employer?

Q: I own a company in mainland Dubai. Recently, some of my staff resigned in the middle of their contracts stating that they are tired and leaving back to their home county. I let them go on good terms. Even I offered an increment in salary, they still did not want to continue. One month later, I found out that they are working in the same business in a different company and now all my remaining staff also did the same; resigned in the middle of 2 years contract stating they are leaving back to home country, don`t want to work in the UAE putting my company in loss where I don`t have any resources to run the company anymore or pay them except their salary. What can I do as an owner of a company in this situation?

The responsibility of an employee for a car rented by the employer

Q: Dear team, Hope you are well! I was given a company car to use by my employer. The contract of the rent-a-car is in the company name, but they used my license as a person who will be using the car. I was not the only one who used the car, but it was more for different company purposes (delivering the goods, going to clients, etc.). Now the company is closing and I was told to go and leave the car to the rent-a-car as my name is on the lease. However, the rent-a-car refused to accept the car as the bill for it was never settled by the company, from the time when the car was originally rented (over a year ago). The company has had some management changes and now they refuse to accept the car as well. I do not know what to do as this car is not my responsibility and I have to return it somehow to the company. I cannot face the potential charges as the car was rented by the company, not by myself. Any advice would be more than welcome. Many thanks and best regards!

Getting labor benefits based on the actual salary

Q: As per the company advice, I resigned from the service. I was a senior accountant of the company from Jan 2018 onwards. I have not received any kind of benefit like a leave salary yet. My labor contract shows 1200 Basic salary + 300 (Allowance), but I have proof of actual salary receipt to my account. Please help me with a solution if they will not give any benefits (gratuity, leave salary "03 yr 05 months", airfare).

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The due diligence before buying an existing mainland company

Q: Hi, I am looking to buy a 15% stake in an existing active company (mainland). What is the due diligence which I must do to ensure I am not scammed? What are the legal and economic aspects I should be aware of? Kindly assist me. Thanks in advance!

The tenant wants to continue leasing a villa while a notice was not sent

Q: Hello, I am leasing a villa in Dubai since July 2020. Along with the Ejari contract, I have also signed an addendum with the landlord stipulating that I need to inform him at least 90 days prior to contract expiry of my wish to either renew the contract or vacate the unit. The notice deadline has passed and I have not informed the landlord of my wish to renew my contract. Some days ago (after the notice deadline), the landlord wrote, requesting to vacate the unit upon expiry of my contract, as he will be selling the unit. The Dubai law stipulates that any non-renewal notice should be given 90 days prior to contract expiry. At the same time, I did not comply with the requirement in the addendum to inform the landlord of my wish to extend. What will apply in this case? Can the landlord use the addendum as a basis or will the Dubai law prevail and the contract will be "auto-renewed"? Thank you for your help!

Does the new law amendment allow pregnancy out of wedlock?

Q: Dear all, I recently got told I will not be able to have a baby and I have severe low egg count, AMH levels and at the age of 38, I am entering menopause. The doctors have said I may have 2 - 6 months to try with IVF but I am at the very near end and I must act fast. I am from the UK and unmarried. I cannot get back to the UK currently as they have strict quarantine isolation and IVF is not seen as an emergency treatment. With the new laws in the UAE now allowing pregnancy out of wedlock is there a chance an IVF clinic would be able to offer emergency IVF without being married? Thank you

Can the plaintiff travel when the labour case is open?

Q: Can the plaintiff travel when the labour case is open? I had submitted a labour case against my company last year, April 2020. I got a favourable judgement from the court and it is in the execution stage. I would like to travel to my country for marriage and stay there for a maximum period of one month. Do I need to follow any formalities before travelling? Thanks in advance!

Serving a notice period while the residence visa is going to expire soon

Q: Good day ahead, My unlimited contract and residence are visa going to expire in July 2021. Can I ask for non-renewal and leave or I should serve the notice period?