Questions & Answers - Legal Advice Middle East

Possibility of losing custody if an extramarital affair is proven

Q: My question is that my ex-husband and I had a very ugly divorce in 2018 where both parties were involved in extramarital affairs. I moved back to Canada while he`s in Dubai. It`s been 2 years that my ex hasn`t taken any responsibility for our 3-year-old daughter. He has threatened me if I take him to court he could get ugly by proving them that I had extramarital affair during our marriage by showing them pictures. Could that result in me losing the child custody? Could I still apply for child maintenance? Would he be accountable for paying it? Could it be a problem if he shows the court the pictures after 2 years of the divorce and which could result in me losing my daughters custody? Please let me know. I will be very thankful.

Is it legal to import items and sell them knowing they are fake?

Q: Hi, I wanted to check the legal implications of buying a line of toys named "Funko POP!" from China [--------.com] and selling them on my own. The toys are either fakes or exact replicas. Would I face any legal problems if I were to carry on with this operation?

Requirements for starting a business while being employed

Q: Hi, I`m currently trying to create a company in the mainland while I`m being employed by a company which sponsored my residency. I`ve been only been in the UAE for 3 months. Is there a minimum period I need to spend in the country before I`m allowed to start a business? Thank you

Rights of the employee in termination for economic reasons

Q: Hello Experts I need your help to understand and tackle my unemployment in this difficult time. I was working in an FZ company in DMC and my employer terminated my unlimited contract in January 2020 by giving this reason: “The company is not making expected revenue, and to save the cost, the company has decided to outsource my job to one of their offshore offices." I served my two months notice period which ended in March 2020 after that they paid my gratuity as per the UAE law. Now they want me to sign EOS agreement stating “To this effect, I hereby undertake not to claim any compensation from the company on account of termination of the employment relationship.” I cross-checked with the employer, termination is not due to my performance. They terminated my contract on the ground of the aforesaid reason. I want to know, is this “arbitrary dismissal” as per the UAE law? If yes, what are my rights and how can I claim them? Can you please help to understand my case? Thank you and look forward to your response.

Waiving the penalty for early exit of tenancy due to COVID-19

Q: Hello, I live in Dubai and have recently been sent on unpaid leave until further notice due to COVID-19. I am unable to pay my next rent cheque which is due in July. I would like to exit my tenancy contract early, it ends in March 2021. My contract states that I am liable and have to pay an early exit fee of the equivalent of 2 months rent if I decide to leave early. Can this be voided due to the current situation? And would I be able to leave without paying this? Does COVID-19 count as Force Majeure? If it does, would I also be able to get my deposit back? Thank you for any assistance you can offer. F.

Termination due to COVID-19 without paying compensation

Q: I’ve been made redundant due to COVID-19 after 4 years with the company. I’m employed by a private company under MOHR laws. Am I entitled to housing allowance? The steps under policy 279 before redundancy were not followed. Now my company is pushing me to sign a letter accepting redundancy. To top it off, they have kept a person who was on probation (6 months) for the same role (hired while I was on maternity) and never offered me the role at his reduced salary. I believe I’ve been let go as I’m now a mother. What are my rights here?

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Employee's rights when being terminated during COVID-19 outbreak

Q: I have been working as a training sales manager for more than 18 months now in a university under a free zone in Dubai. My employer keeps threatening me that I will lose my job if no students enrolled for short courses within the COVID-19 impacts, however, I`m doing my job and others` jobs on a daily basis. He is still not satisfied with the results and keeps threatening me every day, I don`t know what should I do? Also, I need to know my rights in case they decided to fire me as they said that they can fire me without any financial rights because of the current circumstances! Please advice!

The legal status of a company after one partner passes away

Q: Hello, I have a company which I am running for 30 years and it is not LLC. It is 100% on the sponsor`s name and he was not keeping well. Unfortunately, he is no longer with us. Can his children tell us to leave? Could you guide me, please?

The precautions when working as a freelancer while being under 18 years old

Q: Respected sir, I am a student and I am 17 years old. Recently I found out that I can make some money by sitting at home and doing online surveys. I need that money so that I do not bother my parents with my small needs and also will, in turn, help them to save money. My question is that: is it legal and safe to do these online surveys? On the website, it is mentioned that if I am above 13, I can do these surveys. Please guide me! Yours Respectfully,

Action against the developer for violating the rules of escrow account

Q: Hi, What action do I take if a developer has accepted cheques from me (towards my 30% off-plan payment plan) that were made payable to the company (and not payable to the specific escrow account for the developer`s project I am buying from)? Is this illegal and voids my SPA contract with the developer? Thanks for your advice.

تحرير محضر ضد الضامن بعد تأخُّر المضمون عنه في دفع الأقساط

س: كنت ضامن صديق في سيارة بالقسط وتأخَّر في دفع الأقساط. فوجئت بتحرير محضر ضدي وعلمت أن صاحب المعرض رفع وصل مضيت عليه على الأبيض وكتب مبلغ 200 ألف. ما الخطوة التي يلزمني اتخاذها؟

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Right of the wife to move with children after divorce

Q: We are in the process of getting a divorce and we have 3 kids. Custody will likely be given to the wife and guardianship to father. Can she take the kids and move from our current home in Dubai to Abu Dhabi just because she works there? Our family has lived in Dubai since 2004, my current job and kids school are also based in Dubai. Please advise.

Inability to pay rent while the landlord is insisting to evacuate the tenant

Q: Good morning, sir, I am in a situation where I am unable to pay my rent. I am living in bed space. I have pleaded with my landlord to give me some time so I can pay his rent, but he refused. I have a delay in payment for 4 days now and he is insisting on throwing my things out. Is there any notification in this case? Please I need your advice!

Claiming compensation from developer for delay in handover

Q: I have purchased a property off-plan, which was due to complete Sept 2020, however, the project has been delayed and not even reached 10% completion. And now with the COVID-19 situation, the developer has decided to prioritize other projects and informed me the unit I purchased will be delayed as a minimum for 2 years. But to make good by me, they are offering me a unit in the sister development for the same price, which is one of the projects they are prioritizing to complete. But they are only offering it to me at the same square foot price as the other unit, and this unit is slightly smaller too. Also, this project is anticipated to complete q3 2021, which is 18 months later than what signed up for with the first unit. I want to understand what compensation I can claim as I feel they are not offering to be adequate compensation for the delay and nor doing be a deal on this unit. Please advise. Just to highlight the delays to the first project were before this COVID-19 issue.

عقد سنوي لتقديم الخدمات القانونية لشركة مقاولات

س: كم تكلفة عقد سنوي لشركة مقاولات بحيث يشمل هذا العقد القضايا (المدنية والجزائية والعمالية) وأيضًا قضايا تحصيل الديون؟ علمًا بأن حجم القضايا يترواح بين (5 إلى 10 قضايا) ولكم جزيل الشكر!

مطالبة صاحب العمل بباقي المستحقات رغم عدم وجود عقد عمل

س: حصلت على عرض عمل في شركة وأنا مخالف الإقامة، ومضيت معهم 40 يومًا، وبعد ذلك قامت الشركة بسحب عرض العمل. طالبتهم براتبي، فدفعوا لي نصف الراتب، ولم يدفعوا لي الباقي ويقومون بمماطلة الدفعة الثانية. ما الحل؟