Questions & Answers - Legal Advice Middle East

How to respond to an employer after refusing the resignation?

Q: I am working now as a Data Entry Clerk/Medical Transcriptionist in Dubai in a free zone company for more than 2 years under an unlimited contract. I finished the contract of 2 years (limited contract) and renewed for another year in which it became unlimited. I sent my resignation in July 2019 with a notice period of 1 month, but my employer rejected it. On 24 October 2019, I sent my resignation again, and he rejected it again saying that he did not receive the letter and accidentally saw it when he came, as he is out of the country. I am sending my resignation through email as my employer is not usually coming to the office and it is impossible for him not to receive it as my second resignation was twice and the PRO confirmed that he received it as I put him in CC. What should I do? And how can I respond to my employer?

What are my labour entitlements upon termination?

Q: Hi Sir, Please, can you help me understand the following below? I have been terminated from my company in Sharjah. I worked for them for 1 year and 7 months. They had made me sign one letter on their official letterhead that they have terminated me and will be giving a grace period of one month. This was a week ago. After this, now they have made me sign the cancellation letter for closing the contract. What benefits will I get? Am I entitled to gratuity and termination fee? Please, can you help me understand the Law of termination in Dubai, so that if in any part they wrong I could take legal action if required?

Possibility of changing job in probation without a labour ban

Q: I am a doctor working with a reputable company and on probation. I wish to change to another hospital as I am getting a better salary and perks and other benefits. Will I get a labour ban if I leave the company in probation? Also, since my contract said that there is a notice period in probation, do I have to pay the company anything in compensation? Would I get a labour ban for changing job in probation?

Releasing the passport of employee after resignation

Q: I have resigned from my company and I got my pending dues also. But my passport is with them. As per them, they will release the passport but I should have another visa or a flight ticket to my home country. Please advise

دعوى الشقاق والنزاع لاسترداد المهر المدفوع

س: أنا شاب أعمل في البحرين، وقمت بخطبة فتاة في الأردن لمدة 8 شهور، وفي زيارتي الأخيرة قامت بإهانتي بشكل متعمد وطلبت الطلاق وجاءت جلسات الصلح دون جدوى. علماً بأنني دفعت مبلغ 10000 دينار كمهر ولا تريد التنازل عن أي جزء من المقدم. ما هو الإجراء القانوني لأخرج من هذا الوضع وأسترد مبلغ المقدم وأخرج من القضية بأقل الخسائر الممكنة؟

اللجوء للقضاء لاسترداد السيارة من الزوج

س: اشتريت سيارة منذ ثلاث سنوات بالتقسيط ودفعت النصف نقداً وتكفل زوجي بدفع باقي أقساط النصف الثاني. أنا وزوجي نستعد للطلاق، وهو الآن يستولي على السيارة، ولا يريد تسليمها لي مع العلم أنها باسمي. ماذا أفعل؟

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Appealing a judgement for taking a video without permission

Q: My father took a video in a mall and a lady appeared accidentally in that video. She gave a complaint, and now the judgment is 6 months imprisonment and deportation. Can we give appeal and can they remove deportation and reduce the imprisonment? My father and mother are residing in the UAE for the past 10 years and there are no other cases against my father. He is innocent and this incident happened accidentally. We are 2 girls and this will affect our future. Is there is any chance?

Termination for non-performance and claim for arbitrary dismissal

Q: Hi, I am the GM of a company in the Internet City and the VP Sales MEAA. My contract has been terminated after 13 years due to some results that did not meet the company expectations. No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal. Regards A. D.

Rights of an employee for withdrawing a job offer after starting

Q: I had signed a job offer letter (internal contract) from one employer in Abu Dhabi on 8 Oct 2019 and I joined the same day. On 24 Oct 2019, I got a telephone call from the employer saying that they had terminated me without proper reason. When I am asking for my due salary, they are not responding. I have declined some of the job opportunities while I was working with them. I would like to file a complaint against them for my due salary with compensation for the loses they made in my career. Is the internal job offer letter legally valid in Abu Dhabi? Kindly note that I don`t have a work permit and I worked with them from 08 Oct 2019 to 24th Oct 2019. Kindly advise

The required documents after filing a labor case against an employer

Q: Hi, I have filed a labor case against my employer for not giving my final settlement. A month before my resignation, I agreed to pay for my training an equivalent to 10k. I have not signed any paper about this agreement. My salary is delayed for 4 months. My only evidence is the bank transaction because they only send my salary by bank transfer. My salary is 5k a month. When I filed my case in Al Adheed, they said I can get 30k for my 4 months delayed, gratuity, and leave pay. My first hearing is next week. I worked in the company for 1 year and 8 months. 1. Will I need to hire a lawyer for the coming hearing or Adheed will provide me with one? 2. What other things I need to prepare for the first hearing? 3. Can I ask for 3 months` compensation (15k) more since I was not able to start any job as they delayed the cancelation of my visa? Thank you and I would appreciate your response!

Inability to find work while the visa ran out. What to do?

Q: My son lives in Dubai. His visa ran out 3 months ago. He has no employment and at the end of this month, he will have nowhere to live. He has very limited funds and l am unable to help him. Hope you can advise me. Thank you!

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The possibility of returning to the UAE after being deported due to tuberculosis

Q: Can someone rejected and deported due to tuberculosis get back to the UAE with clear medical results from his home country?

Staying in work accommodation till a judgment of a labor case is issued

Q: My company gave me an early retirement with one month`s notice on 5th May 2019 after 20 years. A settlement is not done. My visa has already expired on 16 of July 2019. Then, I filed a case in Sharjah court, and a judgment came in my favor on 30th October 2019. I am waiting for the money that the company has to pay. I am staying in company`s accommodation. Now, the HR called me today asking me to leave the flat and pay (1000 Dhs./month, starting from June) to the accounting department. So legally, can I stay in the company`s accommodation till I get the money? And as I said, my visa expired so can I stay legally in the UAE till getting my money from the company?

Signing the EOSB paper after resignation to get cancelled

Q: I got a new job in Dubai and I resigned from my current company in Dubai. There is a salary delay of 3 months in my current company. I have a few questions to ask. 1. My company stopped processing my pending salaries once I resigned. As per them, all the pending salaries will be paid along with final settlement only. Is it legal? 2. If I am signing the end of service document to cancel my contract before getting the settlement, can I move legally later if they are delaying the final settlement further? Hope you answer soon. Thank you.

How to deal a police text for a bounced cheque related to credit card?

Q: Hi Madam, Good evening. I received a message from the Abu Dhabi police today. I am attaching the message below: الرجاء مراجعة "مديرية شرطة العاصمة" وذلك لورود بلاغ شيك مرتجع رقم (--------) بحقكم. Please help me with what I have to do now. I don`t have any information about this.

The legal way to access the bank account of late father

Q: Dear Sir/Madam, My name is R. A. K. s/o A. K., Pakistani national, currently working here in Riyadh- KSA in an office admin position. We need your cooperation regarding my late father (Mr A. K.) bank account matter. My father died in the UAE on 31 Oct 2012, because of a heart attack. We received his documents which show us that he had a business in scrap and a bank account in the UAE in a bank, and that account he used and issued cheques to some companies which is a million UAE dirhams. We just want to check his account details/all statements to know further about his business and account amount. I have all the documents including birth certificate. Kindly requiring your advice. Thank you.