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UAE
Claiming the amount of a labour judgement from a closed company
Q: Hi, My wife filed a case against her employer due to non-payment of an amount over 60,000 AED. She won the case and it has been a couple of months but we did not receive the payment because the facility where she was working with has been closed already. Please advise what we can do now. Questions & Answers
UAE
Labour rights to be claimed in case of termination
Q: Hello My company has terminated me saying that the project got finished so my position is not required anymore. I want to know what kind of termination is this and what I am entitled to get. Also, will I get 3 months salary guaranteed or is it up to 3 months salary and it could be 1-month salary only plus gratuity? Questions & Answers
UAE
Resigning during probation and accepting another job
Q: Hello Ma`am!! I am a Chartered Accountant by profession. I have resigned during my probation period in Abu Dhabi. I am on a limited contract of two years. My current employer is willing to relieve me and asking me to put the paper mentioning "I want to go back to India". Fortunately, during probation only I`ve figured out another job, cracked the interview & the other employer has offered me a job. So is there any labour ban applicable in such a scenario? After resigning, do I have to go back to India or I can join the new company? I will be serving a notice period of 30 days as well as 45 days of compensation as mentioned in my limited contract. It would be great Ma`am if you can assist me as it`s a question of my future. Questions & Answers
UAE
Possibility to return to the UAE in case of leaving without cancellation before
Q: Is there a ban on free zone visa who left on an emergency but didn`t report back? Can the employer file an immigration ban for free zone visa? Questions & Answers
UAE
Legal restrictions in case of resigning to work with a competitor
Q: Dear Sir, I worked as a site engineer in a landscaping company for about 3 years. Now, due to personal reasons, I have to quit the job (notice period given already) and move on to another competitive company. But in my contract, it has been mentioned that I cannot join in any other competitive companies. Please suggest to me if I can happily join another company as I have already given the notice period to my existing company or whether I might face any issues in future? Please reply urgently. Regards, Questions & Answers
UAE
Procedures and requirements for appealing a judgement
Q: My friend is in Abu Dubai jail for 1 year in a case of foreign documents. How can I get the case copy and how can I appeal to convert the imprisonment into fine? I contact the other party and they are ready to ask anything in court such as this man is not. Does it help? Questions & Answers
UAE
Rights of the employee in case of termination by new management
Q: In Jan 2019, a part-owner joined our company. My gratuity was paid and I received a new appointment letter, mentioning that I`m continuing with the new management with a lower salary and a 6 months probationary period. But, my labour contract with JAFZA was not cancelled. On my 6th month (182nd day), I received the non-confirmation letter through email. They said that they will give an extension of 1 one month, but I have to request. I did request through email then they replied that the same was treated as my resignation. On my LWD (7th months), my manager told me to continue, so I thought I was going to be retained. But after a week, she sent me an email stating that the company just gave me 1 more month and that they have to discontinue my services due to the change in our department. Hence, I worked for another 1 month. Can I claim arbitrary dismissal in this case? Also, since the previous owner paid the gratuity and leave salary only up to Jan 2019, can I also claim for same from Jan 2019 up to my LWD? Questions & Answers
UAE
Filing a case of defamation at work leading to termination
Q: My Facebook profile about my depression state was shared with people at work who showed to me and also confirmed in writing addressing the issue via email confirming my post was shared with them. This has caused a lot of damage to my reputation in the workplace and which led to my termination under the false pretence of underperformance during the probation period. They also had facts and records to prove that my performance was good but due to my reputation at work, I was wrongfully terminated. I want to know from a legal point if I want to press charges on the people who showed and circulated my Facebook post which was non-work related, how can I exercise my rights as an abiding citizen? Thanks. Questions & Answers
UAE
Can the bank request an immediate travel ban in a civil case?
Q: Dear Sir I am a Dubai resident. Last month, the bank filed a criminal case against me for a credit card cheque bounce of AED 16000. I paid the fine and got released from the police station. Now, they send an email stating they are going to file a civil case against me and GCC travel ban (total amount due is AED 30000, including interests). If they file a civil case, will there be any immediate travel ban? How will I know if I get a travel ban? Also, advise if the police can arrest me on the basis of this civil case immediately. Questions & Answers
UAE
Calculation of the EOSB and notice period in case of termination
Q: Hello, I was working in a software company in Dubai Internet City (Free Zone), as a Sales Executive. My salary was composed of: 1. Basic Salary 2. Allowances 3. Commission (non-fixed) I would like to understand what the right calculation is as per the UAE Labour Law for the notice period, arbitrary dismissal, gratuity and commission if it is counted. Thank you Questions & Answers
UAE
Procedures and requirements for copyright protection
Q: Hi, A question regarding copyright in the UAE. I`ve been seeing posts that say I need to have 3 copies in Arabic and English. What copies are these? Are these the materials that I want to apply for copyright? What kind of description should I put? Picture and details about the materials? Thank you in advance. Questions & Answers
UAE
Filing a case for the recovery of money loaned to a person
Q: I want to file a case against a person who took my money and not returning. Please guide me through the process. Questions & Answers
UAE
Transferring the shares of the father in a company to his heirs
Q: Hello, I am a Chinese national who came to Dubai for my father`s inheritance case after his passing earlier this year. My father owned 2 LLC companies with the same local sponsor, one of which he had a 49% share and the other 25%. I wanted to inherit the shares and exit the companies but was told there`s nothing for me and my family to inherit. One of the companies is more than 20 years old and the sponsor refuses to show me financial statements for these companies. What can I do, please? Questions & Answers
UAE
Is it legal to pay the EOSB in an annual package?
Q: Hi Ludmila, If a company pension is given as part of a salary package (and one is made to sign it as an alternative to end of service gratuity) is one entitled to end of service gratuity? I have been told by third parties that I am entitled to claim the end of service gratuity even though I have received annually a company pension payment. I have worked for this international company since 1999. Thanking you for your advice. Best regards R. Questions & Answers
UAE
Early termination of a tenancy contract with a notice period
Q: Dear sir/madam, My tenancy contract expires on 17.07. 2020. On 22.12.2019, I emailed the owner with a termination of the contract to be on 31.03.2020. The contract says: The Lessee may terminate Contract and vacate Premises following the Labor`s written consent and upon Lessee agreeing the following: (a) Provide at least two months written notice to the Lessor prior to the expiry of the Term of its intention to vacate the Premises where such notice once served cannot be retracted unless the Lessor provides its written consent; (b) Settlement of the Lessors administration fee currently in force for breaking the Contract prior to the expiry of the Term, subject to the Lessor`s approval. The Lessor is not obliged to refund to the Lessee any difference in rent in case of an early break of the Contract. The owner says that this notice period is applicable only to non-renewal, not early termination so either to pay penalty or complete till 16.07.2020. Is this true? Is there a limit to the penalty to 2 or 3 months or can they ask for more? Questions & Answers
UAE