Questions & Answers - Legal Advice Middle East

Claiming labour dues from employer after arbitrary dismissal

Q: Kindly help me with the query. I worked for a company for 3 years 9 months. I joined the company on April 30, 2016, and my employment contract was terminated on Jan 12, 2020. I am I eligible for notice pay, gratuity, annual leave entitlement and other compensation? I was on an unlimited contract and my termination was arbitrary. Can I claim compensation for 3 months` salary if I can prove it? My notice period is 1 month as per my contract. Thanks for the help in advance.

السفر إلى السعودية بعد التخلُّف عن سداد قرض في الإمارات

س: عملت في السعودية من عام ٢٠١٦ إلى عام ٢٠١٧ ثم انتقلت إلى دبي وهناك أخذت قرض من مؤسسة للتمويل، وبعد فترة، تركت العمل ولم أستطع استكمال سداد مبلغ ٤٠ ألف درهم. وقعت شيك ضمان وخرجت من البلد بدون تسديد باقي القرض، والآن أريد السفر للسعودية للعمل كي أستطيع سداد هذا الدين. هل يمكن أن يحدث لي أي شي في مطارات السعودية أو يتم القبض عليّ هناك؟ توقفت عن سداد القرض في ٢٠١٨. هل يوجد ربط في قضايا البنوك والشيكات بين الإمارات والسعودية أم لا؟

Liability for the security cheque bounce issued for rent

Q: The name which is under the tenancy contract is the company name and renting the flat for staff accommodation. The guarantee cheque is under the name of the same company employee, in which the agreement was that the tenancy contract is under company name and company is using the flat and they`re liable to pay every month. The cheque was bounced due to non-payment of the company. Can the owner of the cheque file a case? Can the owner of the cheque ask for her cheque back and replace it with a company cheque?

Procedures and requirements for opening a branch of an offshore in the UAE

Q: Can I open a branch of an offshore company in Dubai without a local sponsor?

Continuation of the salary benefits paid for three consecutive years

Q: If an employee gets a benefit for three consecutive years, will he be entitled to the same benefit for the following years?

Bouncing the security deposit cheque by the landlord after giving NOC

Q: Hi, I had vacated my flat before the contract term ends. I received the required NOC and paid for the maintenance as requested by the landlord and submitted all the clearance letter to the landlord, hence he had not returned by security deposit cheque and had deposited the cheque in the bank which got bounced. What can I do in this case?

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عدم حصول الموظف على راتبه لمدة ثلاثة أشهر

س: السلام عليكم، أعمل في مطعم ولم أحصل على راتب 3 أشهر. ماذا أفعل وهذا العقد هو عقدي الثاني؟ أقدم شكوى أم أستقيل؟

Closing a joint account after husband's death without a will

Q: Hi Ludmilla, My husband (German) died and we have a joint account. He didn`t write a will. How can I close the account at Dubai Courts? We have 2 children; a daughter lives in Dubai and a son in Munich. His parents are not alive. Which documents would I need? Thanks!

Preventing daughter from traveling without mother's permission

Q: I have separated from my husband for almost 12 months. Our daughter lives with me. He sees her a few hours a week when he wants. He is her sponsor, I am on a work visa. He is holding her passport. I am concerned that he may take her and leave the country without my permission.

Resigning from a company due to nonpayment of salary

Q: Hi, I am the manager of a foreign company representative office. The company hasn`t paid for my salary. Even they have not paid the final settlement for an employee who has left. Can I get my name removed from the representative office license and seek another Job? Or can I cancel my visa and left the country for good? Can I legally leave the manager post from the license due to the nonpayment of salary? The foreign company owner is based out in India and there is just a representative office here.

Cancellation of a work visa while the company files a counter case

Q: Hello, I have a query regarding the non-cancellation of my visa. My contract is a limited contract (three years in a free zone). I resigned after completing 2.6 years. Due to non-cancellation, I have submitted a labor case. Also, I have requested Al Adeeb Center for a NOC in order to cancel my visa. I have submitted the NOC to the free zone authority two weeks ago for cancellation but they contacted my previous employer and have advised that they are going to put a counter case. After two weeks now, the free zone authority informed me that the company submitted the counter case. 1. Is it possible to really put a counter case like a breach of contract here in my scenario? (as my company asked me to pay 27,000 AED for visa cancellation which I refused and that is the reason for opening a labor case) 2. I need to join a new company to survive in this country with family if the free zone authority is not supporting. Working with my previous company is not possible. What is the best scenario for my visa cancellation?

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Verifying the authenticity of a job offer from Abu Dhabi

Q: Hello, I have received an offer from a hospital in Abu Dhabi. Their message is: Attention: Appropriate Expatriate, With reference to your Resume posted on [........], we are pleased to inform you that your resume matches our requirements and has been shortlisted for an interview at [........]. Presently, we have a mandate to commence expansion on our numerous projects, we urge you to answer the questions below and forward your most current CV/Resume to our HR Department for further screening and consideration for employment. Best Regards, Dr. M.S. I am a dentist from Albania (East Europe) working as a cosmetic dentist in Turkey. Please can you consider my question, is it fake or not?

Hiring a lawyer for buying a property in Dubai

Q: Currently living in France, I’m planning to buy (as a cash buyer) an apartment in Dubai which I already visited. I’d like to hire a lawyer to support me in this operation. Having no local bank account in Dubai (and I don’t want to have one at the moment of this operation), I was wondering if it was possible to transfer my funds from my current bank in France to any lawyer in Dubai. Time for me to finalize the buying and secure the exchange rate can really influence the final cost. Thank you.

Consequences of defaulting on a small amount of a bank loan

Q: Hi, Please advise me on the below issues! I have taken a loan from a bank (AED 70,000) and suddenly I couldn`t pay my loan due because I have some salary issues in my company. They have deposited my security check and I have paid a fine amount of AED 5020 at the police station and I also have the slip which I received from them for payment of the fine. After a few months, I joined a new company. The collection agency called me and advised me to pay the loan amount which is pending. I started paying my loan amount, but suddenly, I faced some financial issues so I couldn`t pay the 2-month loan amount. They sent me an email to pay the total outstanding amount of AED 19,000. Will the collection agency file a civil case for that small amount? I will clear my pending loan but I need some time. If they file a civil case, what will be the problem? Can I travel outside the UAE? Please advise me!

Possibility of travelling to the GCC countries in case of a UAE travel ban

Q: What is GCC ban for defaulters? Can a person who is outside the UAE and having this ban travel to other GCC countries besides the UAE?

Landlord's responsibility to provide all basics while renting an apartment

Q: Hi, I just rented a studio and I found out that the electric water heater in the bathroom is not working. The owner is saying he will not fix it as the rent is also low. It`s been 2 days I shifted to this apartment. The agent also didn`t tell me this issue, otherwise, I should have ignored this. How to handle this issue?