Questions & Answers - Legal Advice Middle East

Execution of a labor court judgment while the company no longer exists

Q: A labor court judgment was ruled in my favor (I`m an employee) in December 2019, against my ex-employer, for nonpayment of salaries, expense claims, and gratuity. Unfortunately, they still haven`t settled my dues. Worse, the owners left the country and the company no longer exists in its physical form; there is only a legal structure. They do not have any assets either. Does it make sense to still seek judgment execution? Also, are there any provisions to pursue the execution order in their present country of residence?

Application of Resolution No 279 of 2020 on Freezone companies

Q: Ramadan Kareem! My husband was employed with a Dubai Freezone company and has been made redundant with a 90 day notice period. Due to the current pandemic, it is difficult to travel because flights have been grounded. He can`t either find another recruitment. My question is that is the Ministerial Resolution No 279 of 2020 applicable to a Dubai Freezone company and is the company liable to pay HRA even after the termination of employment?

Time frame needed for the cancellation of purchased property and refund

Q: Salam. My developer has agreed to give me a refund after AED 50000 deduction. But my concern is that they say it might take a long time. They wrote we shall issue a cancellation agreement which needs to be executed by both parties. On submission of the documents and RERA approvals on the cancellation and refund from the escrow account, the fund will be released and your name will be de-registered against the unit in Dubai Land Department. The above process can take anywhere between 1-3 months in normal times which we are hoping to still be able to do that now but may expect delays up to 3-6 months due to COVID-19. Can you please confirm if this is the case?

مطالبة الزوج زوجته بإجهاض الطفل والتصرُّف القانوني حيال ذلك

س: السلام عليكم، أنا وافدة سورية وزوجي سوري. متزوجة منذ 4 سنوات ولدي طفلة والآن أنا حامل في شهرين وزوجي لا يريد الطفل. لا أريد قتل الطفل. كيف أستطيع العودة إلى أهلي بالشام مع ابنتي؟

Waiving the fines for visit visa overstay due to financial difficulties

Q: My mom came to the UAE on a visit visa. Her visa is issued from Abu Dhabi. Now, she overstayed by over a year and the amount of fines is huge and accumulating. I don`t have this amount to pay to legalize her status and let her leave the UAE when the lockdown is over. Is there a way to waive all the penalties and not only reducing them due to severe financial difficulties?

Canceling a visa of a deputed employee after a dispute with the client

Q: Hello, I was working in an Indian company. We were deputed to the UAE for some client locations. The client provided me with a visa under their quota (labor category) since my company doesn`t have any branch in the UAE. We had a dispute with the client, then we canceled our work and I left the UAE within 10 days of getting the visa. So please advise me on how to cancel the existing visa without any future dispute?

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Dealing with a credit card after losing job due to COVID-19

Q: I’ve lost my job due to COVID-19. I am a school teacher. My school will open in September. I have a credit card with a bank. What legal action can I do? No means of paying them for the meantime.

Leaving the UAE before receiving labour dues to avoid overstay fines

Q: Dear Madam, My limited contact finished and the company didn`t renew the contract. The visa validity finished on 11 April 2020 and I am in the grace period now. Until now, my company didn`t settle my dues including the leave salary and gratuity and they are forcing me to sign the cancellation papers without giving the pending dues including the exit air ticket. My passport is with the company. What to do now? Seeking your advice on this situation. How long they can they hold my passport & do I get any fines for overstay if I didn`t sign the cancellation papers even after the grace period? Please advise.

Case by a company after failing to provide its services or return fees

Q: I paid a company AED 5000 by cash deposit into their bank account as an initial payment for a job that they didn`t do. So I contacted them to refund the payment telling them I will file a police case against them. They started stalling until they stopped answering their mobile phones and stopped responding to emails, so I asked around some common work acquaintances for their address or if they know anything about them. I received an email two days ago from them showing they filed an online case for slander and other claims that are pure lies against us as well as demanding compensation, it has a reference number...etc. I want to know how to deal with this because all their accusations are pure lies, they filed it as a way to escape from paying my AED 5000 back. I want to know the procedure and the steps to solve this. Thanks

التحري عن وجود عقد زواج للأم غير الزواج من الأب

س: كيف لي أن أعرف عن وجود عقد زواج في المحكمة لأمي ولكن من شخص غير أبي المتوفي؟

Grace period after the termination of a limited labour contract

Q: If I terminate my limited contract within this Coronavirus situation, will my Emirates ID card be terminated?

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Making an agreement between a company in the UAE and employees in other countries

Q: I am restless about getting an answer to the following question: We have an FZE Company based in Dubai, and we want to employ 3 people in Egypt (the company does not have a branch or affiliate there). What sort of agreement can I get between the company in Dubai and the person in Egypt? Is it an employment agreement referring to Dubai Labor Law? Is it a services agreement as a freelancer referring to Dubai rules & regulations about contracts? Are there any taxes the person shall pay in Egypt if we do any of the above-mentioned agreements? I really appreciate your help in advance!

Hosting an online gaming tournament with an entry fee

Q: Is it legal to host an online gaming tournament with an entry fee for all participants and a cash prize for the winners? Would this be considered as some sort of gambling? (The game would be like a shooting/action game so it would be completely based on skill) And if it does, and if I give gift cards to the winners instead, would that make it legal?

تجديد عقد العمل مُحدد المدة رغم عدم توقيع صاحب العمل على النسخة الجديدة

س: السلام عليكم، عقد عمل مُحدد المدة وفيه شرط أن يُجدّد بعقد جديد قبل شهر بموافقة الطرفين. أظهر صاحب العمل النية في تجديد العقد، وقام الموظف بتوقيع نسخة جديدة بدون تحديد الأجر، ولكن لم يتم توقيعه بعد ذلك من قبل صاحب العمل، فهل يُعتبَر ذلك تجديدًا للعقد وملزمًا لصاحب العمل؟ وشكرًا!

Sharing of assets bought during marriage when getting divorced

Q: We are ex-pats having the same religion (Orthodox Christians), but different nationalities. We moved to Dubai because of the husband`s job with two minor children. I am a housewife with no steady income except for some freelance jobs. I take care of the kids and house while he is at the office. All savings were made during the marriage. He bought a real estate in Dubai and put it all under his name only. What are my financial rights in case of divorce and how would assets be shared? Thank you in advance!

ضم محضري منازعة حيازة والأخذ بطلبات الأدنى

س: تم ضم محضرين في منازعة حيازة؛ محضر مدني ومحضر جنائي. حرر نفس أشخاص الادعاء المحضرين، لكن المحضر المدني بتاريخ سابق على المحضرالجنائي بأكثر من ٦ أشهر. طلبات المحضر المدني تنص على تسليم نصف العقار، أما الجنائي فيطالب بتسليم العقار كاملاً، ولكن النيابة ضمت المحضرين وأصدرت قرارًا بناءً على طلبات المدني. كيف يحدث ذلك؟ أليس من المفترض ضم المحضرين والأخذ بطلبات الجنائي؟ هل هذا صحيح قانونًا؟