Questions & Answers

Q: I have completed 11 months as a general accountant in Dubai. During the last month of my first year, I had to leave for family matters. After leaving, I couldn`t get back to Dubai due to family problems and the international pandemic COVID-19. My boss shouted and informed me that he will ban my visa permanently. Is this possible?

The effect of an old TB scar on wife's residence visa issuance

Q: Hi, I am sponsoring my spouse and daughter for a UAE residence visa. I am here with a work permit and my spouse is currently here with a visit visa. My wife has an old TB scar (18 years before) which is cured. Can this lead to any issue regarding visa approval for her? Thanks and Regard,

Termination of off-plan apartments' contract without sending written notice

Q: I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA. According to SPA: "Without prejudice to the Seller`s rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months." No written notice was received, despite requesting it on 21/09/2018 by email (no reply). After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate. I didn`t send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020). Is this a good cause for termination?

فصل العامل قبل انتهاء فترة الاختبار دون سبب والمطالبة بالتعويض

س: فصلتني شركتي من العمل قبل انتهاء فتره الاختبار، ٦ أشهر، بثلاثة أيام فقط. من الواضح أن النية كانت مبيتة لهذا القرار؛ فليس من المنطق أن يكون السبب أن أدائي لم يكن جيدًا وهذا لم يُلاحَظ إلا في آخر ثلاثة أيام فقط! هل يحق لي المطالبة بتعويض عن هذا الفصل التعسفي؟

إزالة اسم من قوائم الإنتربول بعد صدور حكم بالبراءة

س: السلام عليكم، قضيتي إنتربول من العراق والقضية منتهية في الأردن وأخذت قرار فيها من المحكمة ببراءتي؛ فهي قضية ملفقة وغير قانونية وغير صحيحة. قدمت إلى دبي وسُحب جوازي في المطار لأن الاسم لم يُسحَب من الإنتربول الدولي.

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دفع مكافأة نهاية الخدمة لعامل مع الإبقاء عليه

س: هل أستطيع أن أدفع لعامل لدي مبلغ مكافأة نهاية الخدمة عن مدة قضاها، حوالي 10 سنوات، وذلك بناءً على طلبه ويُسجّل لي تعهد باستلامه كافة مستحقاته العمالية وأبقيه يعمل لدي على أساس تاريخ بدء العمل الجديد على ألا يأتي بنهاية العقد ويطالبني بكامل الفترة؟

Refund of an off-plan apartment payments for delay in handover

Q: I bought an off-plan apartment a long time ago and paid almost 80% of the property value per my contract. Unfortunately, the developer couldn`t manage to deliver it on time and transferred it to another developer 4 years ago. The apartment is not ready by the second developer yet and they say that it might be ready by 2024 (Per our contract it should have been completed by 2009). I called the second company and asked them to terminate my contract but they told me that they are not responsible for it and I need to contact the first company. I also sent a couple of emails to this company (the second one) but they didn`t reply to my email. How can I get my money back? What is the legal process in the UAE for such a case? Thank you!

Filing a complaint because of harassment for debt collection

Q: Hi, Can I file a complaint for being harassed to collect my debts to a bank here in Dubai? They`ve been calling me in my landline office and they`ve been calling my boss as well at work. Can you help me? Thanks, W.M.

Sending a proper legal notice to the developer for handover delay

Q: I have purchased an off-plan apartment from a developer. It was supposed to be ready on phase 1, 2019. The contract states that the legal delay is 12 months. After that period, I should send a legal letter to the developer and they need to finish the project within 90 working days. I was advised by their customer service representative to write an email. He told me that an email with my name, unit number, and a complaint is the legal letter I need to send, but it does not sound right to me. Should I get a legal letter from a Dubai Court? The progress of the project is only 33% by now and I want to get my money back.

Taking action against a bank for freezing the EOSB without consent

Q: Good morning, I work for the MOE. I changed the emirate and they paid out my End of Service Benefit. My salary is still the same and I am still employed by the MOE. My bank put a freeze on my EOSB and subsequently used it to pay down my loan and credit card. Their reason was that my debt ratio was too high. I did not give them permission to do that but they did it anyway. I have never been late in paying them and I have been a customer since 2016. My question is, can the bank legally do that? Do I have to file a case against them? Also, how to stop the bank from taking my entire salary to pay down their debt if they can take my EOSB even though I am still working with the same company; with the same salary being deposited into the bank? Please advise!

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Time frame of a bounced cheque case to change from a criminal to a civil case

Q: Hello, If I have a bounced check case over 200,000 AED which has been filed over 3 years ago, is it still considered a criminal offense in Dubai or is it now considered civil? Is there a time frame through which checks change from criminal to civil?

Domestic helper's resignation during the probation period and visa costs

Q: Hi Sir/Ma`am, I`ve been working here in the UAE for 15 years as a domestic helper. Now, I have a new employer who is an expat. They have already issued a visa for me. My problem is that I`m not happy to work with them. Do I have a probation period for 6 months? Should I pay the whole year visa costs to them? Thank you!

Leaving job after 6-month probation period and searching for another

Q: Hi, I came with an agency for a housemaid job and after the 6-month probation period, I left the place because of many reasons. Then, my employer canceled my visa. Now I want to search for an outside job, but my agency is claiming 5000 AED to give me back my passport. Please I need to know my rights!

Leaving the current work and getting another offer in limited contracts

Q: Hi Sir, I am an Architect Engineer and I am writing to you because I am too much discouraged and blackmailed by my employer. I was selected for an office and I worked there for 3 months and then, due to workload, my employer transferred me 2 times. When he was doing that, he said that he will pay for my rent in the first month and, in the 2nd month, he will increase my salary and, with that, he transferred me. After 1 month, when I asked him for the rent, he didn`t pay me the rent. In the second month when I called him, he started shouting and fighting but at last, he paid me for the rent. Now it has been 3 months and he didn`t increase my salary. When I text him, he didn`t reply and when I call him, he says that he is in a meeting. I have a limited-term contract. When I sent my CV to another office for new opportunities, my current employer called me and blackmailed me that he will ban me for 1 year. I got another job offer double the salary. Can I join?

Convincing the bank to accept loan installments after filing a civil claim

Q: Hello, I have a notice from the DIFC courts against my personal loan which I borrowed from a bank in 2014. The amount is AED 350k. I have already served the jail time; 2 months for the criminal offense of signing the cheque. I am offering a settlement to the bank in monthly installments which I can manage, but they are not agreeing upon and, now, the court will resume the hearings. The problem is that I wanted to pay off, but I can`t afford to pay heavy installments which the bank is asking for. How to convince the bank?

Requesting judge's guardianship to marry

Banning an employee after exceeding vacation period in home country