Questions & Answers - Legal Advice Middle East

Inability to return to the UAE due to COVID-19 and its impact on work contract

Q: Dear Madam, I have worked for a company in Dubai on an unlimited contract since April 2019. At the end of March, I was sent home to Europe by my employer for my annual leave for the month of April. I had a flight ticket to come back to Dubai on May 1st, which is now canceled by Emirates Airlines due to the COVID-19 pandemic. What are the consequences if I can not return back to Dubai for the month of May as planned? Will it be legal for them not to pay my May salary, since it was the company’s decision to send me to annual leave during that pandemic? Thank you for your advice!

Preparing legal defense for a case between company partners

Q: My 50% partner registered a commercial case against me. During the case, the court ordered our company to be added as a litigant "ًخصماً مدخلا". Q1: Is the company a Plaintiff or a Defendant? Can the company make new pleas as Plaintiff and the court is bound to answer the questions? Q2: Who represents the company in the case? Both partners are 50% partners and both are managers of the company. What happens if one partner puts in a claim on behalf of the company and another partner puts in a completely opposing claim on behalf of the company? Q3: What happens if I put in a petition on behalf of the company, to drop the case which my other partner started against me? Q4: Can I go to court and submit two memos, one from me and one from my company?

Rights of the employee terminated on probation due to COVID-19

Q: I understand the issues employers face due to COVID-19. I have entered on a residence entry permit visa end of February. Last month, I was given a partial-paid leave and the employment contract was terminated on Thursday with immediate effect as I`m on a probation period I was told that the visa shall be cancelled as it will be expired in a couple of days. What are my rights? And where does it leave me with regards to immigration status?

Calculation of gratuity when transferring an employee on secondment to the UAE

Q: If we transfer an employee on secondment to the UAE from another country for a period of 3 years, do we have to pay gratuity as per UAE law? As per his contract in the country where he is transferred from, the company is liable to pay provident funds in the country. After spending 3 years, he will be transferred back. Is the company liable to pay gratuity? Kindly note that he is one of the executive cadre, not a workman.

Delaying handover of an off-plan unit and seeking compensation

Q: I would like to seek your understanding of this clause in my SPA. I have an off-plan unit and the last completion date (when signed) was 29 Feb 2019. However, they informed that the new completion date will be April 2020. In March 2020, they informed me the handover is delayed till Nov 2020. ``The vendor shall prior to the Estimated completion date notify the purchaser of the designated completion date of the unit. (The `completion date`) The vendor may, at its sole discretion, and on notice to the purchaser given not less than 1 month before the completion date, extend the completion date to such other date as advised by the vendor from time to time provided that the total period of such extensions of the completion date shall not exceed 12 months from the first designated completion date, except in the case of force majeure.`` Please elaborate on this and advise if I am eligible for compensation after handover? Or even to get my 60% payment back from them. Thank you!

Protecting the foreign investor's rights when incorporating a company in the UAE

Q: I intend to participate in a boat charter company in which I will be the de facto 100% owner and supplying a boat for its operation. I understand that in order to be able to register the boat in the UAE and obtain the trade license, there has to be an LLC. However, to establish an LLC, a local person has to act as a 51% shareholder. Question: Can an MOA and AOA LEGALLY and in FULL CONFORMITY OF THE UAE LAW: a) define a GPA to me only to sell and deal with the assets (the boat) and receive the proceeds from a sale? b) restrict THE DIRECTORS and/or a Quorum of less than 75% of the Shareholder to sell assets (the boat) and borrow/commit the company to any financial obligations? Goal: the 51% local shareholder and the directors should not be able to dispose of the assets without my consent, and not to borrow or lend funds against the asset (the boat). What will be your cost setting up an LLC and drawing the appropriate documents incorporating the above? Please advise!

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منع الموظف من دخول الشركة وفصله تعسفيًا أو إجباره على الاستقالة

س: إذا منعت الشركة أحد الموظفين من دخولها ورفعت البصمة وفصلته فصلاً تعسفيًا، ما التصرُّف القانوني حيال ذلك؟ ولو أجبرته على الاستقالة أو الخروج معاش مبكر، هل يمكن رفع قضية ضد الشركة بسبب هذا الإجبار بعد ترك الشركة؟ معذرة على الإطالة!

Agreement with the employee to get an advance payment on gratuity

Q: Dear Legal Advice ME I own a company in DIFC which is struggling due to the current crisis and employees were given three months notice because the company will probably be forced to close. One employee is asking if he can take his gratuity early as his wife has lost her job due to COVID-19. Can I legally give him a loan against a percentage of his gratuity? He has worked for me for 16 years.

حقوق المواطنة الإماراتية عند الزواج من رجل غير إماراتي

س: أنا إماراتية. أريد أن أتزوج يمني. هل أحصل على بيت في المستقبل باسمي؟ هل يلزمني التنازل عن حقوقي؟ هل أستطيع أن أجعل أبنائي أبناء مواطنات؟

الإجراءات المطلوبة لبيع عقار بعد وفاة الشريك خارج البلاد

س: السلام عليكم.. أمتلك عقار في دبي وقد تُوفي أخي شريكي في العقار وهو خارج الدولة ولديه أبناء. ما الإجراءات المطلوبة لبيع العقار في دائرة الأراضي؟

Reducing salary by the employer and keeping it the same on WPS

Q: Dear Sir/Madam, Greetings! I am working in a fit-out company as a project coordinator. Due to the COVID-19 pandemic, my company issued a letter stating that our salary is reduced by half. But the problem is that the company is showing a full salary in WPS and not issuing my salary cards. I requested them, not to do this, but in vain. I have bank loan payments and home rent pending. And unfortunately, I can`t take any advantage of the UAE Government benefits in this crisis, because I don`t have any salary slip to show I am getting half salary. I am very tense and afraid. Please advise me, how can I solve this problem? Thanks A. K.

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How to defer bank payments of mortgage due to COVID-19

Q: Good morning My husband lost his job last year in October after 15 years in Dubai. He continued to pay his mortgage without giving any excuse to the bank till now when COVID-19 happened. He is on my visa. We want to defer mortgage payments for a few months. Kindly advise what should we write to the bank in this regard as they are demanding the payment now. We received the email this morning. I would like to mention that we have been paying the mortgage regularly. Best Regards

Claiming back the fees paid to DLD after swapping a property with a different unit

Q: I purchased an off-plan property a couple of years ago from a Dubai based developer. After multiple delays, the developer has agreed to allow me to withdraw from the SPA and swap with another unit they are offering in another building that has been handed over. As part of the cancellation, am I allowed to claim back the 4% fee I paid on the original property from DLD?

A case for failing to hand over the key at the end of tenancy

Q: I had a flat from Nakheel in International City, Dubai. I moved from the UAE because of some domestic reasons and left with one family until the contract ends, but they didn`t hand over the key to Nakheel as promised. I even informed Nakheel about my situation by email and also sent them the final bill. Nakheel filed a case and won. I want to resolve this matter. Please advise the effective way and how you can help?

الوضع القانوني للعقد محدد المدة عند انتهائه وعدم إلغاء الأطراف له

س: هل يُجدّد العقد المحدد بسنتين تلقائيًا في حالة عدم إنهاء الشركة لعقد الموظف؟ وما الفترة المسموح بها قانونيًا للتجديد التلقائي للعقود؟

التحقق من حساب الوالد في البنك وسحب أمواله بعد وفاته

س: السلام عليكم ورحمة الله وبركاته والدي مصري كان يعمل بوزارة التربية والتعليم الاماراتية منذ فترة 25 عام تقريباً وكان له رصيد في بنك وكان ينوي السفر لسحب الرصيد ولكن لم يشاء الله رب العالمين وتوفى والدي 8/4/2020. حالياً هل أستطيع أن أعرف هذا الرصيد بأي بنك موجود؟ أيضاً، هل يمكن أن أسحب الرصيد؟ مع العلم أن الوالد توفى دون إبلاغنا باسم البنك أو حجم الرصيد.