Questions & Answers - Legal Advice Middle East

Apartment owner's agreement with an agency to maintain the relationship with the tenant

Q: I am a non-UAE resident and willing to buy an apartment for rental investment. I have been told by the agent that once I buy this, I need to give POA to the agency to maintain the relationship with the tenant. I am not sure about this, is this how it works? Can`t I manage it remotely? And, what would be their (agency) cost of maintaining?

Which case to file against ex-wife to execute her affidavit

Q: My ex-wife had signed an affidavit (non notarised). In that affidavit, she mentioned the division of the family home, payment of a share of children`s education costs, and also some money that she had received from me. She acknowledged that her share of the family home was a loan from me and she will hand over her share of the home back to me whenever I ask for it or whenever we get divorced. She acknowledged that she will pay 50% of the costs of education of the children whenever I ask for it or whenever we are divorced. We are Hindu. Should I register a civil case or a personal status case?

التوقيع على كمبيالة للعمل في وظيفة محاسب

س: السلام عليكم، لدي سؤال لحضرتكم. تقدمت لوظيفة محاسبة واتفقنا على تعييني، ولكن طلب مني صاحب العمل أن أُعد كفالة عدلية أو أن أوقع على كمبيالة قيمتها ١٠ آلاف. هل هناك شكوك في هذه العملية أم أن الأمور طبيعية؟ أرجو أن تنصحوني! وشكرًا مقدمًا!

الطريقة الأنسب لتحصيل الكمبيالات

س: ما الأفضل حاليًا بخصوص الكمبيالات: تقديم الكمبيالة لدائرة التنفيذ أم رفع دعوى حقوق صلح لاستحقاق الكمبيالة (أيهما أفضل حاليًا)؟

How long can the police hold a passport for investigation in a criminal case?

Q: How long can the police hold a passport (for inquiry) and travel ban without opening a case? The case is a breach of trust. Can you request the police to transfer the case to a public prosecutor since in my case the investigation is open for more than a month?

Consequences of terminating a limited labour contract on the employee

Q: I’m on a 2-year limited contract. I initially completed the 2 years and renewed for another 2 years. I have now completed the 3rd year and have less than a year left on the renewed limited contract. I want to resign. Do I have to pay 2 months salary as a penalty? Can I negotiate with my employer to have this waived? What if I do not have the money to pay the employer? What can they do?

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What labour rights can the employee claim in case of redundancy for COVID-19?

Q: Hello, I would like to inquire regarding my recent situation and legal rights. My contract is unlimited, the company decided to make my position redundant with one month notice only. As I understood from MOHRE, one month notice is right as per my contract. However, since the pandemic, the company has asked me to sit at home and sacrifice 75% of my salary for 3 consecutive months. So during these 3 months, I was getting only 25% of my salary. Do I have the legal right to ask for 3 months notice with salary payment?

The scope of the Will in the UAE

Q: Hello Sir Good day. Does Abu Dhabi Will cover immovable properties as per the wishes of a non-Muslim testator?

دعوى الصحة والنفاذ لإثبات الملكية

س: هل دعوى الصحة والنفاذ على عقد القسمة الرضائية {مُعد لعقارات بين ورثة} تُعد إثباتًا لملكية الوحدات المتضمَّنة في العقد؟

Employee's request for compensation after termination during the probation period

Q: Hello, We had terminated an employee during his probation period due to non-performance. We did not give notice as per Article 120 clause 2. The employee requested us verbally to keep the visa till the time he finds a new job. We kept his visa for the next 4 months when he finally requested us to cancel his visa (meanwhile the probation period also got over). After his visa was canceled and everything was sorted out, he is asking us to pay his salary for these 4 months and compensation for arbitrary dismissal whereas he has no evidence that he worked for the company during these 4 months. We want to know that if the employee has stopped working for the company, then is the company liable to pay for salaries? Regards,

Getting a new job offer while there is an ongoing labor case in Dubai courts

Q: Good evening Sir/Ma`am, Kindly give me a simple answer to my questions which are stuck in my mind. (1) If I am filing a case against a company regarding my unlawful termination and unpaid dues in DUBAI COURT, and during my case in DUBAI COURT, I am offered a job by another employer, am I eligible to join that company or should I wait 2 months after my case end? (2) If my case is filed in DUBAI COURT and my new employer is asking for visa cancellation and passport from the current employer, can I get my passport or will they keep hold of my passport until my file case in DUBAI COURT gets finished?

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The rights of the silent partner when the LLC company is closed

Q: Our Dubai mainland LLC company stopped business due to financial hardships. There is a silent partner who invested AED 400k against a 25% stake in the company. The partnership is via a share holder`s agreement and not a named partnership. Q1: Can he file a commercial dispute against the managing partner to make him personally liable? Q2: Can the managing partner compel the investing partner to contribute to the pending dues and expenses to close the company? Q3: Are any of the cases or judgments criminal in nature? that is, requiring bail or imprisonment?

Registering an execution case after winning a payment order

Q: I need to register an execution case since I won a payment order (Amr Ada) Case. A) Is there a special format to use when registering the execution case file? or can I type in my words in the online process for smart case registration? B) What is the cost of the execution for the Amr Ada case? I need to claim that amount as part of my total, but I don`t know how much this will cost me? Is it a fixed cost or is it a percentage of the executed amount? C) The honorable court had earlier decided to give me a fee postponement of Amr Ada court fees since I am 80 years old. Then the respondent lost the Amr Ada lawsuit and he will have to pay the court fees. Will I have to pay for the execution case filing? Or the letter I got for court fee postponement will apply to the execution case as well? Thank you!

The developer failed to rectify the numerous leakages in the apartment, what to do?

Q: Good afternoon, I have purchased a property in Al Barsha (top floor). In spite of repeated reminders, the developer failed to rectify the leakages (numerous) in my apartment. I had also notified this during DLP (Defect liability period). Can I refer my dispute to Rental Disputes Committee in Dubai Courts, even though there is an arbitration clause in the Sale and Purchase Agreement? Appreciate your guidance on this. Kind regards, Kalpesh

Forcing an employee to sign an undertaking letter of non compete

Q: Hi, I have an employment contract with a clause: non compete for 2 years in case of resignation. But, this clause was not mentioned in my offer letter when they hired me. My question is: do I have to sign now an undertaking letter of non compete clause while leaving the company by resigning because HR is forcing me to sign the undertaking letter now?

The developer is delaying the issuance of the title deed

Q: It has been more than one year since I have made full payment for a ready to move in property. The developer has not given a date for issuing me the title deed. I complained to DLD. However, they told me that the developer has already been issued a fine, and now I have to take the matter to court. I have all the required documents to verify the above said. I want to know the following: 1) Can I sue the developer and ask him for compensation for the delay in issuing the title deed? 2) Can the developer charge me service charges when the title deed is still not issued? 3) How much (approximately) would it cost me to take the matter to court? Is it possible to have outside of the court settlement?