Questions & Answers - Legal Advice Middle East

مطالبة البنك لعميل بسداد قرض رغم مغادرته البلاد قبل موعد استلامه

س: أرجو إفادتي في مسألة تهمني! كنت منذ أكثر من 5 سنوات في الإمارات. طلبت حينها قرض من شركة للتمويل بقيمة 19 ألف درهم، لكن قبل استلام المبلغ بمدة، غادرت البلاد لأسباب خاصة ولم أستطع العودة. الشركة إلى الآن تطالبني بدفع المبلغ الذي بلغ مع رسوم أخرى 68 ألف درهم، مع أنني بعثت لهم مراسلة تُبين أنني غادرت البلاد قبل أن أتسلم المبلغ أصلاً. الشركة تدعي أنني استلمت المبلغ يوم 30/09/2014 وأنا غادرت الدولة بتاريخ 25/09/2014، فكيف يُعقل أن أكون خارج البلاد وفي نفس الوقت استلم المبلغ! وكما أخبرتكم، الشركة إلى الآن تطالبني وراسلتني بالأمس وأخبرتني أنهم تقدموا بشكاية للشرطة. لا أفكر في العودة إلى الإمارات وأعمل حاليًا في دولة خليجية أخرى. هل يمكن أن ترفع الشركة قضية ضدي في البلد الذي أعمل فيه اليوم؟ وهل يمكن أن يصدر ضدي أي حكم؟ وشكرًا!

Precautions to be considered when buying a house in the UAE

Q: I want to buy a house in the UAE. What are the aspects that I should consider? and what are the documents that I should cross-check and verify?

Requesting employees to work without salary and canceling their visas

Q: My boss told us that he will not give us salaries for the month of March and asks us to work until the end of the month. What should I do? He also said that there are no more company funds.

Consequences of causing an accident under the influence of alcohol

Q: What should be the punishment for someone if he did an accident under the influence of alcohol (nationality: Emirati) and the result is a permanent disability of the other person; like if the toes have been cut off?

Reducing rent or terminating the contract without penalty because of force majeure

Q: Dear lawyers, We need your help. I and my home mate are working in the same airline company as air hostesses and we are renting an apartment together. We are not flying as it used to be before, because of the coronavirus crisis which means that we are not paid for flying hours and in addition to that, our basic salary is officially deducted by 40%, effective from 1st April. We are now in a critical situation. We are not able to afford our rent due to force majeure and an unexpected situation. We shared this situation with our landlord, however, he is not showing any goodwill; either for reducing the rental fee or letting us check out from the apartment without penalty (he is basically asking for 1-month notice + 2 months early check out penalty). I can prove that the latest salary that I will get will be evidence of our situation. Can you help us with legal advice if we can check out without paying any penalty? Your support will be appreciated. Our kind regards,

The procedures of the court in the UAE after meeting the public prosecutor

Q: Hi, I would like to know the procedures of the court in the UAE. I met the public prosecutor and have given my statements. I would like to know what will happen next? 1. Will he be giving the judgment or there is another person I have to give my statements to? 2. How long does it take before they contact me again? 3. Will the prosecutor try to fix things between me and the accused? 4. Basically, what happens next after the public prosecutor meeting? Thank you very much!

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Requesting staff to take unpaid leave as a result of Coronavirus outbreak

Q: Dubai companies are reassessing their staffing levels during the Covid 19 outbreak. Is it legal to be asked to take unpaid leave?

Terminating a tenancy contract by a tenant because of job loss

Q: Hi, I have lost my job and my next cheque is due next month, April. My tenancy ends on June 9. Can I terminate my contract now? And if so, how can I proceed?

Settling a court decision from abroad after paying the loan

Q: Hello, I have an unpaid loan in Dubai. The bank filed a case against me and I have already a court decision. After paying the demand of the bank, how can I settle the court decision? Do I need to be in Dubai for the trial?

Settling a loan after getting arrested and paying the fine

Q: I have been already arrested for a cheque bounce, paid fine to the court and get released. The cheque amount is 35000. Now the bank is asking me again 57000 and wants to make it one installment or, maximum, six installments; 5800 monthly. It is impossible; my salary is just 8000. I have family and kids. They are now forcing that they will take action against me in my home country. They are threatening my parents in my home country. Please help me!

The procedures of a criminal case and the role of the public prosecutor

Q: Hi, I just want to know. What is the role of a public prosecutor? I do not understand all the terms. My statements and the accused statements were collected by the police station. What is giving the statement to the prosecutor? and what usually happens after? Thank you!

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Time frame to get the final judgment after winning the first stage of a labor case

Q: Hello everyone, My company terminated me without any reason and refused to pay me my dues. I put a case against them and got first judgment in my favor. Now we both parties have 30 days to appeal. How will I know if the company appealed against the judgment? Also, I got an offer letter. Is it possible to cancel my visa at this stage? In case the company appealed, how much time further will be required to reach the final judgment? Please give me your best advice. It will be a huge help.

Claiming pending labor dues while being in home country

Q: I am a newly resigned hospital employee here in Abu Dhabi, I have salary pending for the following months as enumerated below: June 2019 AED 10,000 July 2019 AED 10,000 Oct 2019 AED 10,000 Nov 2019 AED 6,500 (given AED 3,500 only) Dec 2019 AED 6,200 (given AED 3,800 only) Jan 2020 AED 7,400 (given AED 2,600 only) Excluded from those pending salaries are my gratuity pay (basic pay of AED 2,000) and my leave pay for the year 2019 of 45 days wherein I was told to receive the payment at end of service. I intend to go home immediately to my country and come back later to claim the settlement from the hospital because it is difficult to sustain life here without any source of income. What would be the possible best course of action I could take? Thanking you in advance!

Fixing damages to an apartment caused by water leakage when the tenant was absent

Q: Hi Raluca, I`m facing a problem with my landlord and I hope you can assist me. While I was away on business (for 5 days), the water heater tank in my apartment broke (through no fault of mine) and caused leakage damage to my apartment and two apartments below mine. My landlord is saying that the cost of the damage caused (approx. AED 15,000) should be paid by me because I was absent from the apartment during the time of the leakage and thus responsible for it. As you can imagine, I am contesting this. The lease states that the landlord is responsible for maintenance repairs of over AED 500, except where they are caused by the tenant. If you could assist me, that would be much appreciated.

Renewal of the residency visa to stay in the UAE during COVID-19 outbreak

Q: Hello there, This is an issue that has come from Covid-19 and I am in desperate need of assistance. I left my last employment a month ago and was moving to a new job. This was then withdrawn once I left my last employment due to Covid-19. I am now in the country not wanting to leave but my residency visa will expire on the 27th, March. I can`t go home to Germany as the outbreak in Europe is very bad. What can I do to get either an extension or a travel visa without having to travel at this time?

صياغة عقد إيجار من الباطن بين المالك وشركة عقارية

س: مرحبا أحتاج إلى صيغة قانونية لفسخ عقد إيجار من الباطن (شركة عقارية طرف ثاني طرف أول مالك) عبارة عن مبنى تجاري مكون من 54 مكتب. صيغة قانونية لفسخ العقد والسبب الأول عدم الالتزام بالصيانة من قبل المالك والسبب الثاني عدم تخفيض القيمة الإيجارية والسبب الثالث عدم التزام المستأجرين بالإيجارات الشهرية. هل أستطيع الحصول على صيغة قانونية بفسخ عقد الإيجار وتسليم المبنى للمالك وجدولة المتأخرات. وشكراً