Questions & Answers - Legal Advice Middle East

Sending a non-renewal letter after leaving for a vacation outside the UAE

Q: If a sponsor allows an employee to leave for vacation even though the employee visa will expire after 2 months, and during vacation, the employee sends a non-renewal letter of her contract one month prior to its expiry date because of whatever reason she has: Can you consider that as a run-away? Or is this a ground for absconding? If the runaway case / absconding case is a fraud/fake, can I file a fake absconding case and sue my sponsor?

The process of visa transfer and sponsoring family members

Q: Hello, I am sponsoring my baby (10 months old) and my Filipino nanny. I am switching jobs shortly. My current visa will be cancelled in July and my new one will be activated in early September. Can you please explain where this leaves us in terms of the period in which I have no visa and my baby and nanny have no visa. (Can we leave the country and return during this period?) Any advice would be greatly appreciated.

Resignation because the available job is different from the one on the contract

Q: Dear sir, I am working in an LLC company based in the mainland of Dubai with a limited-term contract. I have completed 1 year of my service with this company. My company is dealing with fire and safety system maintenance. I have received the offer from the company for the position of an electrical technician for fire and safety systems. As per my MOL contract and visa, my profession is an electrical technician, but, unfortunately, my company doesn`t have any jobs related to the electrical system. I have been doing some other jobs like cleaning of fire extinguisher and loading/unloading jobs for the last year. Now I would like to resign from this company due to some physical illnesses, but my company is asking for visa costs to cancel my visa. What is the compensation I have to pay to the company? How can I resign legally without a ban from this company?

Punishment for the possession of drugs in the UAE

Q: What is the punishment duration for my friend who got drugs? He got caught by the CID and he is in Alaweer jail for almost 2 months.

Application of Resolution 279 of 2020 on an employee serving the notice period

Q: Hello, I have been working in a local group in Dubai for the last 13 years under an unlimited contract. Recently, they have terminated my position, I am now serving 3 months notice period as per labor contract (2 months already served, I am now in the 3rd and last month). My employer has put me on a forced paid leave to adjust my notice period against leave days balance. I need some clarification of the below: 1. The employer is paying me a full salary for the notice period of 3 months. However, based on the recent announcement from the Ministry of Labor (for Private Co. employees), can my employer reduce my salary temporarily/permanently for this last month of notice period? 2. If the answer to question 1 is YES, how will it impact the calculation of my end of service benefits like gratuity or leave balance encashment? will it be recalculated based on the revised (reduced) salary? 3. Am I eligible to claim any other termination/redundancy pay apart from gratuity and leave balance encashment? Many Thanks!

Terminating an employee's unlimited contract during COVID-19 pandemic

Q: I am new to the country and have worked for a year and a half in a company. I have a 2-year unlimited contract from them. Suddenly, I got an arbitrary dismissal without any valid reason, warning letter, or notice. They told me that it will be the last day of my work and they will pay only my previous month and 18 days. They will give me 45 days grace period to find a new job but, due to COVID-19, the market is saturated and all companies are shut down in the meantime for opening new opportunities. During the day of termination, they asked me to sign a paper for cancellation. I asked them about what I will get, they said that they will pay only my working days. My concern is I don`t know any policy in the UAE about termination. I heard from people that if you get terminated, they have to pay 3 months of your basic salary and give you the rightful benefits. Is it possible to file a case for this?

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Time frame to vacate a flat and receive the deposited amount

Q: When should I inform the landlord regarding vacating the flat per law?

رفع دعوى تعويض على مقاول للإخلال بموجباته

س: يعطيك العافية أستاذ لقد اشتريت منزل بموجب عقد مع المهندسين المنفذين للمبنى قبل ١٣ سنة وقد تم استلام المنزل مع وجود نواقص لم يتم تنفيذها وإنهاءها. طبعاً كان هذا تحت مبررات الأزمة التي تعرضت لها سوريا بالإضافة إلى سوء تنفيذ في الواجهة للمبنى وتساقط الرخام الصناعي. نرجو من حضرتكم الإجابة، هل من الممكن رفع دعوى على الأشخاص الذين تم تعاقد معهم من أجل تكملة باقي الأعمال بالإضافة إلى سوء تنفيذ الواجهة؟

Considering a bad review on social media as defamation

Q: I hired a maid from an agency in December. The maid did emotional and physical damage to my family. I wrote a bad review of the agency on Google Maps, Facebook, and Instagram. Now the agency is harassing me every day asking me to delete it. They blocked me on Instagram. When I refused, they offered me 500 AED. I refused and said no. Now they are threatening me that they will file a case against me for defamation! Is this considered defamation under UAE law?

حقوق المطلقة التي ليس لها أبناء

س: زوجي طلقني طلقة واحدة بتاريج ١/١/٢٠٢٠ وانتهت العدة ولم يرجعني. مع العلم أني أعيش مع أبي وأمي من تاريخ الطلاق. أود معرفة حقوقي بعد الطلاق وكم المبلغ؟ راتب زوجي الشهري ٢٠٠٠٠ درهم.

The application of the non-competition clause after leaving work

Q: Is the non-competition clause applicable in case an employer terminates an employee? In this case, can you work for a competitor and take your existing clients to your new employer?

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Getting divorced because of husband's mother abusive behavior

Q: Hello, I live with my husband`s mother in the same home. she is always abusing me verbally and emotionally. I have been suffering a lot. I asked my husband to provide me with a separate home but he keeps refusing. I don`t want to continue living with him. I want to get divorced. Please advise me!

رفض طلب الاسترحام رغم تقديمه عدة مرات بسبب حكم تعاطي مخدرات

س: السادة المحامون، حُكم عليّ بغرامة وإبعاد بسبب التعاطي. أريد العودة إلى الإمارات لأن ابني موجود ويدرس فيها مع طليقتي وعمره 8 سنوات. طليقتي لا تأتي إلى مصر ولا تنوي ذلك. قدمت طلب استرحام أكثر من 5 مرات ورُفض فيها جميعًا. أرجو الحل!

Calculation of the overstay fine and the required procedures to pay it

Q: Hello sir, I came to Dubai on a visit visa but I have overstayed now for 5 months and 2 weeks. I wanted to clear my overstay, but I don`t know the procedure or the amount it will cost.

Resignation during the probation period and visa charges

Q: Hi! I am working in an LLC Company. It has been 3 months only and I am still in the probation period. I have resigned but they are asking me to pay visa charges from the final settlement. Is this legal? If not, how can I complain and where? it seems that my visa is a Free Zone.

Forcing employees to go to the office during COVID-19 pandemic

Q: Regarding the Coronavirus issue, My employer still wants us to go to the office and they said we have to make our own means of transportation. Our company is manufacturing valves. Are we still allowed to go to work because 80% of the companies are already working from home?