Questions & Answers - Legal Advice Middle East

Releasing passport held for a work injury case at the court

Q: Hi Sir, I am K. I am working as a safety officer in a construction site. 1 year before, there was an accident to a worker, which caused fracture on the leg. He was given all the treatment necessary and waiting for the final operation next year Feb (2020). For the last 1 year, the police are holding passports of our project manager, me, and the foreman. This month, I have one exam in India and I have to get back to India for that. I had also given resignation to my employer. How can I get my passport? Please advise me.

Filing a case against the husband for perjury and cheating

Q: My name is S. I am from Germany and have been married to an Egyptian (Muslim) for one year, who lives and works in Dubai. The wedding was in Mauritius according to local law. He made perjury that he was single before our wedding. This was done in writing and is also on the marriage certificate. This week I learned that since 2016 he is married to an Egyptian and has a two-year-old child. Had I known this before our wedding, I would never have agreed to it all. During our relationship, I gave him just under € 20,000, which he wanted to repay me. I can prove part of it. His wife confirmed to me several times via WhatsApp that he just wanted me to get money and a visa to Germany. What can I do against him?

How to put a family member under sponsorship after being blacklisted?

Q: Hi, Good day! I want to ask for your advice about overstay. My daughter came to the UAE on a visit visa. I asked a PRO to put my daughter under my sponsorship and paid him 4000dhs. That was 6 months ago. Up to now, there is no visa and my daughter got blacklisted and absconded. I don`t have that money to pay the penalty. What to do? Please help me!

The basis of paying the EOSB in arbitrary termination

Q: Should the severance pay for arbitrary termination and notice period compensation be paid on gross or contract salary? My employer had refused to put any salary raise I got in the contract but put it as a fixed bonus in payslips. I have a salary certificate, payslips and bank statements to prove my remuneration. This is in case of DMCC free zone, UAE.

Claiming unpaid fees against provided services

Q: How can a company claim unpaid monies from private individuals they have provided services to and are refusing to pay?

Getting passport from the employer after refusing to come to court

Q: Hi. Can I request an arrest warrant against my employer if he didn’t come to the court even after receiving a legal notice from the court? He seized my passport for no reason and after knowing that I filed a case on him, he is forcing me to come to his office and take the passport as he doesn’t want to go to the court. Should I go to him directly or tell him to come to the court to handover everything? Please answer.

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Is it possible to issue a tourist visa while a residence visa is not canceled by husband?

Q: I have a residence-husband visa which will expire on October 2021. But I overstayed in my country Philippines for 6 1/2 months. I want to go back now to Abu Dhabi. Is my visa already canceled or not valid anymore? Can I apply for a tourist visa instead? I and my husband are not in good terms for many months and he doesn`t want to communicate with me anymore. What should I do? Thanks for your help!

Transferring business money from online to private account

Q: Hello, I have a question related to business. I have set up a business in the UAE (Flexi desk in Free Zone). The business activity is E-Commerce. I have registered the business and obtained a UAE Investor Visa, but when it came to opening a bank account, I faced a lot of difficulties. While I was waiting for the opening of a bank account (which took me 4 months and the banker has failed to open a bank account), I have opened a merchant account with Telr. I started accepting payments online from my customers and right now there`s money in the merchant account which can be withdrawn to a UAE business bank account (as I have mentioned earlier, I don`t have a UAE business bank account). So I have contacted them and asked if they can transfer the money to my personal bank account which is outside the UAE (US bank account or my Russian bank account). They have stated that they can`t settle funds to the bank account outside the UAE due to UAE CB rules. Can you suggest me please what I can do in this situation?

How can a permanent ban get lifted?

Q: If an employer gets a permanent ban in the UAE, then how can it be lifted?

Court fees after issuing a jujgment in favor of an employee

Q: Good afternoon, My husband filed a labor case against his employer due to nonpayment of salary and gratuity. Last Sept, he received the decision in his favor. Last week, he received a call from someone from Dubai court asking him to come today at 7 am to discuss his case. When he was there, they showed him a paper to sign that he has to pay court fees, an amount about Dhs. 1,700, not sure the exact but less than 2,000.00. Is the labor/employee exempted from paying court fees?

Defaulting on credit card payments and possible settlement

Q: I was suddenly moved out of the UAE by my company. I now live in Europe where taxes are much higher. I have 3 credit cards that I need to pay off but cannot seem to get much sympathy by the credit card companies and some are threatening with legal action. I want to pay the amounts due, but need to extend the payment terms and/or get the owed amount reduced. Looking at options so that I can pay back the money owed. Thank you.

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اعتراض الجار على توصيلات المرافق

س: السلام عليكم، أسكن في كومباوند (مجمع) خاص في مصر، وقامت شركة الغاز بعمل التوصيلات الخارجية لدخول الخدمة. اعترض الجار وقامت إدارة الكومباوند بإخطار شركة الغاز لتعديل التوصيلات لتكون داخلية بحجة أن الحائط المثبتة عليه التوصيلات ملك للجار، رغم أن هذا الحائط هو ظهر مطبخنا، ولكن يستحيل أن تكون التوصيلات داخلية لأننا نسكن في العقار منذ أكثر من عام، والتوصيلات الداخلية ستستدعي هدم الديكورات والأرضيات الخاصة بالمطبخ. برجاء الإفادة، وشكرًا

فسخ عقد الإيجار القديم لعدم استغلال الشقة محل الإيجار

س: لقد اشترينا بيتًا في القاهرة، وهذا البيت به مؤجرين إيجار قديم. منهم مستأجرة قد أغلقت شقتها ومقيمة في بيت ملك لها وطلبنا منها تغير الإيجار لإيجار جديد ولكنها رفضت وظلت تدفع في المحكمة. ما هو الإجراء القانوني الممكن اتخاذه لإخراجها من العمارة بما أنها قد أغلقت الشقة ولا تستفيد منها؟

The legal procedure of applying for a joint bank loan

Q: Hi, I am planning to buy a property in Dubai. I would like to add my wife and brother as co-owners for the property. My wife and brother are employed and I am self-employed for the past four years. I would like to know what are my options for applying for a Home Mortgage in this scenario. Can we apply together for a mortgage from the bank or would it be ideal for two salaried people which is my wife and brother to apply for a mortgage?

قدرة قاضي التنفيذ على إصدار قرار بخصم المكافأة التي تم الحكم بها

س: صدر حكم نقض عن طلب مكافأة نهاية خدمة. جهة العمل لم تقم بالمساهمة في اشتراكات صندوق المعاشات أبوظبي إلا بعد تاريخ الدعوى؛ وعليه صدر الحكم بإلزام المُدَّعى عليها بدفع مكافأة نهاية الخدمة للمدعية. علمًا بأن قاضي محكمة النقض استند إلى تقرير الخبير أيضًا بشأن عدم مساهمة الشركة في دفع الاشتراكات. السؤال: - هل يستطيع قاضي التنفيذ إصدار قرار بخصم المكافأة التي تم الحكم والفصل فيها (درجة نقض)؟ - هل يستطيع قاضي التنفيذ بصلاحياته خصم هذا المبلغ المحكوم به، بعد قيام جهة العمل بتقديم خطاب له وبه كشف حساب لحركة صندوق المعاشات؟

Eligibility for 3 months salary benefit upon termination for redundancy

Q: Hi, I worked in my company for 8 years and was terminated on the same day specifying redundancy as the reason. The company paid me all the dues (1 month notice period salary, gratuity, and unpaid leave salary). I want to know if I am eligible for 3 months termination salary benefit considering none of the other employees were terminated?