Questions & Answers - Legal Advice Middle East

Staying in the UAE beyond visa expiry to search for a job

Q: Dear Sir/Madam, I have a labour case in Abu Dhabi Courts in regard to pending salary and gratuity. The Abu Dhabi FIC court has issued a judgment in favour of me but the company (Employer) didn`t yet pay me. Now the case in Abu Dhabi enforcement court for execution. The first hearing/trial was on 23 March 2020, and the court personnel told me that my case is transferred to the group case and no need to come again, the court will inform me when the employer will deposit money in the court. My visa already expired on 22 October 2019, and Abu Dhabi enforcement court gave me a letter of special permission (A temporary stay order) until 23rd March 2020 and told me to search for a job. Please, help me. How can I stay legally in the UAE so that I am able to join another company and start earning a living? Thank you

Withdrawing a job offer after issuing an offer letter, contract and work permit

Q: Hi, I was supposed to start a job at a new company after having resigned from my old job and completed my notice period. The new company issued me an offer letter, contract, and work permit, however, they have kept changing the start date, and now, after waiting 6 weeks to start the new job, I’ve been told that the offer has been withdrawn due to a hiring freeze. I’d like to know what Legal options I have as I have suffered financial loss, incurred visa overstay fees for my partner and child’s visas because I was unable to apply for their new visas. I am unable to go back to my old company and the only option I have is to return back to my home country as I cannot continue to incur further overstay fines. What legal options do I have? Can I claim compensation? Please advise!

Liability to pay compensation against resignation in a limited contract

Q: Dear Ma’am, My company is not paying our salaries for the last 90 days. The company is registered in RAK free zone. I want to resign but the company is asking me to pay 45 days salary since my contract is limited. I would like to inquire, why should an employee pay 45 days salary if the resignation is because of no salaries since the last 3 months. Looking for your guidance. Thank you best regards, I. I.

The best way to handle partners' shares in LLCs after death

Q: Good evening, Sir, We have an LLC (under DED) with a UAE National 51%, one Belgian 25%, and an Indian 24%. The Belgian and Indian both are UAE residents and have their spouses also living in UAE as residents. What will be the consequences if one of the Non-UAE partners died? What do you suggest as the best way to be prepared for this situation. Your answer is already appreciated!

The rights of an employee upon termination under Article 117 in limited contracts

Q: I seek advice as I have been terminated under Article 117. I was under a limited contract. My company was not paying me full salary which was 13k. They were only paying 10k without any amendments to the contract. I have served the company for a year and 9 months. For 9 months, I received my full salary after which they started paying 10k. Further, I would like to understand if I am eligible to have 52 days pending paid annual leave, 3 months salary, and gratuity. If I take this case to the court, how long would it take? Your prompt response and guidance would be highly appreciated!

Defaulting on credit card payments due to job loss

Q: I have made payment default on the credit card for the last five months. Currently, I have a job but I have some other priority commitments back in my country and I couldn`t pay the minimum amount here. My credit limit was AED 30,000 and now the outstanding is 40,000. The bank is calling me almost all day. What will be the consequences if I continue not to pay? By paying the fine, will I be able to relax from this burden? Will the bank move with a civil case? If so, what will be the consequences?

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Unlimited contract termination due to COVID-19 without paying any dues

Q: Hello, On 17th March, I have traveled to India on my annual leave (approved by the company) and I was supposed to return on the 10th of April but due to the Corona outbreak, all the flights were canceled so I am stuck in India. Now last week, around 26 or 27th April, my company called me and they informed me on a phone call that, due to this unexpected situation, we are not getting any new business so we decided to remove you from my position at the company with immediate effects. They have not even paid me my annual leaves. Now without giving any notice, they simply asked me not to continue with the company, and they are not ready to pay anything, giving an excuse for the loss of business. I have joined this company in September 2019. My contract is an unlimited contract. Could you please let me know if I open the case against my employer, can I get the end of service benefits? They also said we can continue your visa if you want to come back to look for another job.

Which option is better in the UAE: bankruptcy or liquidation?

Q: In the UAE, a company in financial difficulties should go for bankruptcy or liquidation? What is the cheaper and faster option provided the owner is a manager and partner in the company?

مسؤولية الابن عن مؤخَّر صداق زوجة أبيه بعد وفاته

س: السلام عليكم، تُوفّي طليقي وكان له زوجة لم ينجب منها ولي منه ابن لا يعمل وابنتين متزوجتين الحمد لله والإرث مبلغ صغير من وظيفة الأب. وُزِّع الإرث بشكل شرعي وأخذت زوجة الأب عفش البيت كله، وبعد شهرين طلبت مؤخر الصداق من ابني مع العلم أنه لا يعمل. هل يقترض كي يعطيها مؤخر الصداق وهو مبلغ سبعة آلآف؟ هل من حقها أن تطالب ابني؟ وهل يمكنها رفع قضية ضد ابني لأخذ المؤخّر؟ شكرًا لكم!

Terminating an employee due to COVID-19 and delaying EOSB till canceling the visa

Q: Hi! My company has terminated me (with a few others) due to COVID-19. April 30th is my last day and I am relying on getting my gratuity to keep me afloat for a while as I look for a new job. However, my employer said that they will not release my EOS until they cancel my visa. Given the current situation, how can I go about this? How long can I stay after they cancel my visa? The UAE government recently announced that they will let people stay in the country until the end of the year due to the travel restrictions, does this apply to me as well?

Check the status of a lifetime ban for an old absconding case

Q: Greeting to you Sir, I got a life ban from the UAE in 2013. The reason was absconding. I am in India right now. Please advise me how I can remove a life ban. Is it possible? Thanks, and Regards. M.V.

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Action against the infringement of intellectual property

Q: IP infringement. The main company (USA) has sent a Cease & Desist Letter to the previous distributor in the UAE but they do not reply. They remain using the brand name, showcasing it on their website and spoiling the market with selling off their remaining stock with bargaining prices and without warranty while we are the new authorized distributor. How to stop this? Kind regards, N.V.A.

Changing the contract due to buyer's failure to pay the installment on time

Q: A property was bought in Dubai on an installment plan. Due to some problems, the purchaser has failed to pay the last 2 installments but intends to clear the payments. He has paid around 40% to 50% of the total amount, but now, the seller has sent him a notice that he is going to change the deed. Should the buyer step back considering that the seller is unreliable or should he move forward? What should be the step to address the notice they have sent?

Is it mandatory to pay penalty for early exit from tenancy?

Q: Dear Mam, Greetings! I would like to ask for your assistance with my situation. Our tenancy contract will end by today, April 30, 2020. I notified our landlord on April 1, 2020, that we will not renew the contract, as my husband lost his job and his employer didn`t renew his employment contract due to this current situation COVID-19. Now, that we will vacate the flat, the manager of the landlord will not issue us NOC due to they asking us to pay 2000 for the security deposit, but the contract has already finished. Why are they asking me to pay for that amount? Nowadays, every single penny is very important. and we have limited resources due to my husband job loss. Are there any legal rights for that? Thank you. Appreciate your response.

Requirements for transferring the car of deceased brother to my name

Q: Good day, My brother passed away on May 12, 2018, in the Philippines while he was on vacation. He owns a car here in Dubai. I would like to ask what are the legal step-by-step actions for the car to be transferred under my name. I hope you can help me with this since it`s almost 2 years now.

اكتشاف الزوج أن زوجته ليست بكرًا والتصرُّف الأمثل عندئذٍ

س: إذا اكتشف الزوج أن زوجته ليست بكرًا، فما الحل وقد قالت أنها بكر؟