Questions & Answers - Legal Advice Middle East

Are property developers allowed to delay handover due to force majeure?

Q: Hi, The ACD mentioned in my SPA is October 2019, the developer further delayed the project to Feb 2020 and later again delayed to September 2020. In August the developer delayed the project citing force majeure clause mentioned and said delayed due to force majeure and delayed it to December 2020 The clause mentioned in the SPA says either party has to inform about the force majeure within 30 days of the force majeure but developer informed only in August. Can I claim compensation from the developer? Legally, they are allowed to delay up to 12 months but can I claim compensation from October 2020 till date? The building completion certificate has now been issued.

How to lift a ban or blacklist after getting deported from the UAE

Q: My mother was deported and got eye-scanned in 2010. I tried to apply for her a visit visa in 2014 but it was rejected. She does not have any court case. I am not sure if she was permanently banned or not. Is there a way to lift the ban or blacklisting? Thanks for your advice.

Partner's liability while other partners are outside the country

Q: My wife is a partner in a civil company in Dubai. The company has 4 partners; 3 of them are out of the country. The company bought things for AED 50k which was not paid back and now they filed a case. What will be the liability for my wife? she is not the manager of the company. What will be my wife`s liability for that company?

How to determine the start date of work to calculate the gratuity

Q: Hi, My labour contract was made in Jan 2018 and the visa was stamped in March 2018. My last working day at the office is in Feb 2021. My employer says that the end of service will be calculated from the day visa was stamped, if that is true then please share the labour law article specifying that or something shows that what he says is false then what shall I do to claim the right figure for my gratuity?

Filing an absconding case against an employee to recover some dues

Q: There is an absconding case against me by my former company because I have some pending money to pay them after calculating my final settlement. As per the current situation, I couldn’t pay it. And without their agreement, I can’t close the case as well. I do not like to be banned from the UAE.

Is the agreement of sale of an off-plan apartment considered a muqawala contract?

Q: Is the agreement of sale of an off-plan apartment with a real property company - considered a muqawala contract? According to Art 872 of the UAE Civil Code: “A muqawala is a contract whereby one of the parties thereto undertakes to make a thing or to perform work in consideration which the other party undertakes to provide”. The Agreement with the company (or its group company) states: 5. COVENANTS OF THE VENDOR 5.1 .. the Vendor covenants to procure the construction of the Project ... 5.4 The Vendor shall remain liable for a period of ten (10) years from the date of completion of the construction of the Project ... 5.5 .. the Vendor shall deliver the Unit to the Purchaser .. constructed in accordance with the plans and specifications attached to this Agreement. 5.6 The Vendor shall construct the infrastructure of the Project including roads, lighting, walkways, and landscaping in accordance with the Vendor’s overall development plan for infrastructure. Should the Civil Code’s articles on muqawala govern this kind of agreement?

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Implications of resignation after being terminated and rehired on probation

Q: Hi I worked for 9 years in a company and got cancelled for COVID-19 reason then after a month they rehired me. I have an unlimited contract. Question 1: I am under probation period for 6 months and during the probation period I want to resign to get another job. Is there a ban? Question 2: Is there a need to give a notice period?

هل بالإمكان اختصام الشريك بناءً على أنه يتملك ما نسبته 99% من الشركة التي تعاقدت معها؟

س: أبرمت عقدًا مع شركة لبناء عقار وحسب. مدون بالرخصة التجارية للشركة أنها مملوكة لشريك بنسبة 99% وهو شركة أخرى تقوم بنفس النشاط. هل بالإمكان اختصام الشريك بناءً على أنه يتملك ما نسبته 99% من الشركة التي تعاقدت معها؟

Is it legal for the employer to terminate the employee and ask him for compensation?

Q: My company terminated me but asked me to pay 3000 before they terminate my visa. I had an unlimited contract with them. 3 years visa and I have made more than 2 years now with the company. What should I do to get my passport and cancel my visa so that I can get another job?

ترك العمل فورًا حال توفر فرصة عمل أفضل

س: أعمل في شركة خاصة وانتهى عقد العمل الخاص بي قبل شهر وبسبب إيجادي لعمل أفضل، وجب عليّ ترك العمل بشكل فوري. ماذا يترتب عليّ أو على الشركة بعد ذلك؟

Terminating an employee during the probation period because of COVID-19 pandemic

Q: I am currently employed as a teacher in a private school in Dubai. I am still working within my 6 month probation period. Due to Covid-19, we have to stay home if we have any Covid-like symptoms and take a PCR test before we are allowed to return to work. Can my employer terminate my employment contract based on attendance even though any absence has been taken in line with the school and DHA guidance on Covid precautions?

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Do I need to settle my bounced cheque case to obtain a PCC from the UAE?

Q: I have a cheque bounce case in the UAE. Can I apply for Canada permanent residency from India? I am an Indian citizen and currently staying in India.

How can the manager receive labour rights and enforce the judgment

Q: Hello. I am a manager in the trade license (free zone - DMCC). I am employed, but my employer didn`t pay my salary and don`t want to cancel my visa and don`t want to remove my name from the trade license. I am not a shareholder. I already won a labour case and struggle with the execution department to enforce the judgement as I am still registered as a manager. Seems that I won a case against myself and have to pay myself now. No logic in this and no help from Al-Adheed and free zone. I believe that the solution is in the removal of my name from the trade license, which will force the owner to appoint a new manager and unblock the execution. Please correct me if I am wrong. I am looking for help with the removal of my name from the trade license.

The employment steps after getting an offer letter

Q: Hi, My friend got a job in a restaurant here as a clerk, and the employer gave her a job offer letter and even she did her medical and Emirates ID, there is no stamping from his side. The employer keeps on saying that his trade license is under process. Does it take 3 months to process? It`s more than 3 months that my friend went for issuing medical and Emirates ID. She is not getting a salary as she has not been told to join as of now. What steps can she take?

Terminating the tenancy contract without giving a complete notice period

Q: I was staying in an apartment in Abu Dhabi for 6 years. This year I decided to shift the apartment. I gave 51 days` notice in place of 60 days (2months) for not renewing my contract. The landlord company forced me to deposit 9 days rent and took all of my security deposit as a penalty for short notice period without my agreement. Now, they are refusing to give a receipt for 9 days rent and my security deposit settlement.

هل يمكن إلزام عامل بالتعويض لانضمامه إلى شركة أخرى خلال التجربة؟

س: السلام عليكم أنا صاحب شركة مطاعم وقمت بتوظيف أحد العمال داخل المطبخ وبدأت بإجراءات الإقامة وقد أتم الفحص الطبي من أجل تثبيت الإقامة على جواز السفر. وفجأة توقف عن الحضور للعمل وعلمت بأنه التحق بشركة أخرى ويعمل فيها حالياً. هل يحق لي اتخاذ أي إجراء ضد هذا الفعل وما هو مصير المصروفات التى قامت الشركة بإنفاقها سالفاً. أرجو الإفادة. لكم جزيل الشكر