Questions & Answers - Legal Advice Middle East

Closure of an LLC company while some shareholders are outside the UAE

Q: The query is regarding the closure or freezing of an LLC company registered in Dubai. The expert is required to get the job done while 2 out of 4 holders of 49% share are outside the UAE.

Responding to the DAFZA employment dept. to avoid a labor case by an employee

Q: Hi All, I am a London based owner of a Free Zone company. Due to corona pandemic, the manager handling the affairs of our Airport Free Zone company has gone to his home town and there is no business. An employee has approached the DAFZA employment dept, getting emails from them for non-payment of salary for the past 6-7 months. Since business is bleeding, we are unable to pay now and the employee is not able to settle amicably. How to respond to DAFZA?

Challenging a verdict issued while being outside the country

Q: An ex-partner has used security checks of mine and got a case verdict against me while I was outside the country. However, I have already paid more than half the amount a while ago. I am currently stuck outside the country and unable to get back to my business. The verdict against me was in my absence. I want to challenge that verdict. I may get a retrial or convert to a civil case instead. Is this possible? What are my options?

Does the employer have the right to hold half the salary of employee?

Q: I`m a housemaid. My employer cancelled me yesterday and he said he will not give me half of my salary because he wants me to exit. Now I`m still here in their house waiting for them to give me my passport and cancellation paper. What should I do about my salary? Please reply

How to find out if there are any cases blocking visa cancellation

Q: I am trying to cancel my visa application through DMCC free zone, however, the application as stated by DMCC was `returned by immigration as the applicant is still wanted by police. Please clear the case so we can proceed with the application`. The issue I am having here is that I don`t know why this is coming back from immigration as I have checked police cases online and there is nothing showing. I also checked on Dubai Prosecution website and cant find any case showing either. Does this mean I have a criminal case and warrant for my arrest that I can`t find online and don`t know about? I am very worried and concerned about this situation as I can`t find any information regarding any case. At the same time, my employer is filing an Absconding Case as they can`t cancel my visa and are now being charged overstay fees due to my passport not being stamped. This creates another issue as I have just been offered new employment in Dubai. What should I do and is it likely that I have a criminal case?

رفض الاستقالة وتغيير وظيفة العامل لوظيفة أدنى

س: السلام عليكم، عملت في شركة في وظيفة مندوب مبيعات ميداني لمدة حوالي ٤ سنوات. تقدمت باستقالة ولكن رُفِضَت قبل حوالي عام ونصف. في نهاية شهر آب، طُلِب مني التنازل عن موقعي الذي أعمل فيه لصالح شخص آخر (تسليم المنطقة والزبائن) وتم ذلك فعليًا. أصبحت بعد ذلك مرافقًا لمندوب فقط. لا أتقاضى أي عمولات، ولم أستلم راتبي عن شهر آب حتى الوقت الحالي وحينها انقطعت عن العمل. تقدمت بشكوى لسلطة الأجور ولم أستفد منها. طلب مني المدير توقيع مخالصة معه وتقديم استقالتي فرفضت، وقام بتوجيه إنذار من خلال الجريدة بالعودة للعمل على أساس مرافق وليس مندوب. هل يُعتبر ذلك تغييرًا في وظيفتي الأساسية أم فصلاً تعسفيًا؟ وشكرًا!

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الأخذ بالشهادة السماعية من الشهود الأصليين

س: خالي باع إنتاج الحبوب واشترى أرض زراعية وكتبها باسمه وحده وترك الورثة. مضى على ذلك أكثر من ستين عامًا. توفي وتملك ورثته الأرض ومات الشهود لكن هناك شهود يشهدون بسماع الشهود الأصليين وهم يقولون أن الأرض لكل الورثة لأن خالي باع الحبوب حق الجميع. هل تصح شهادة هؤلاء الشهود وهم أقارب الشهود الأصليين؟

Time frame for the execution of a labour case judgment

Q: Hi Sir/Madam, I won the case against my employer in February 2020. After that, as the claim amount is AED 21,500/-, my employer filed an appeal against that judgment. However, on 17/11/2020, the court delivered the judgement and the appeal made by my employer was rejected and whatever appealed judgement was stood final. Now, what do I need to do for the payment follow up? Is it possible for my employer to appeal again against this order? How much time will it take to get the payment? Thanks so much in advance.

The legal repercussions for an unmarried couple to live together in the UAE

Q: Hi, I would like to know if there would be any legal repercussions for an unmarried couple to live together in the UAE while one of them is battling a divorce case back in their home country?

هل يمكن إجبار البنك على القبول بتسوية لديون بطاقة ائتمانية؟

س: السلام عليكم إذا رفض بنك تسوية المستحقات كردت كارد (بطاقة ائتمانية) على شكل أقساط شهرية، هل يمكن تقديم شكوى ضد البنك مع أنه تم توضيح الأسباب؟

Will I be arrested for an old pending debt if I visit the UAE?

Q: Good afternoon, I have a question regarding my financial status in Dubai. I have acquired a credit card many years ago from a bank on which I have stopped making payments about maybe three years ago and right now I would like to visit my family in Dubai. I just would like to enquire about the consequences of the visit what could possibly happen to me at the airport and what legal consequences would I face as a result of this. I am so as a result of defaulting on my debt. I haven’t paid anything towards that in the past three years.

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What should I do if my employer refuses to cancel my visa?

Q: Hello Sir/ Ma’am, I`m working in a hospital in Dubai for 18 years and due to COVID-19, I was forced and released out of my work. All other formalities are done as usual and I have a new job offer, so I want to do the cancellation but the owner does not accept to cancel my visa. So please, can you advise? - Type of contract I signed - Unlimited - How long have you been working with the company? - 18 years completed - Do you have a university degree? - Yes

Necessity of notifying the employer who is not attending case hearings

Q: "Notification By Notice Of Action," this is what was written on my case regarding my previous employer who needs to pay my final settlement. But during the hearing he was absent and the court said that Al Ahdeed needs to notify my previous manager so he will attend on next hearing. Please explain to me what this note means.

Requirements for the marriage of expatriates in the UAE

Q: Salam Sir, I am a Bangladeshi Muslim male resident here in the UAE who wants to get married to a citizen of the USA. Is it possible here in the UAE?

A side agreement as a valid document to protect the shares of a foreign owner of an LLC

Q: Is a side agreement considered a valid enough document to protect my company? I own a car rental company and, by law, I was told it has to be an LLC, so I brought a partner who is really a nice guy. I want to protect my business as I am the full owner and all the assets are mine; including the luxury cars, etc. I only give the sponsor a fee yearly. I’m worried if something ever happened to my sponsor, God forbids, what will happen? Can any of his family try to take his share even though the 100% company is funded and run by me but his share is 51% on papers only? Is the side agreement valid? Is there anything I can do to protect my whole 100%? Are there any documents I can make or use?

Do I need to establish a company to send newsletters to UAE potential clients?

Q: Hi, I am a Digital Marketing professional. I intend to send Newsletters (not Marketing mails) to potential clients in the UAE. They have not subscribed to our Newsletters, hence it will be cold mail. Can GDPR or any other law be held against me? Is email campaign/marketing an offence in the UAE?