Questions & Answers

Q: I have a labor complaint against my previous employer for not paying salaries and the case is referred to court. 1. I got a new job offer. If my new employer applies for a temporary work permit for 6 months and the case does not get over in that time, can he apply for an extension or a new temporary work permit for another six months or till the case is over? 2. My visa will be over in 2 months. What happens to my visa? 3. Can I renew it in spite of the case at least for 6 months based on work permits?

دعوى إخلاء المأجور بسبب المقاصد الخاصة

س: أنا مؤجر لبيت بعقد سنوي يجدد كل سنة مع المستأجر منذ 10 سنوات. هل يحق للمستأجر إذا طلبت منه إخلاء البيت أن يمتنع عن الإخلاء؟

Asking the tenant to reissue the rental cheques because they got expired

Q: Hi, I paid my rent in 4 cheques in the landlord`s name and a 5th cheque as a rental fee to the agency. The agency cheque was cashed straight away. The landlord only cashed the third and fourth rental cheques saying there were problems with his bank account. He says he does not have the first and second cheques and never received them from the agency (the agency paid all the cheques to his bank directly). The first two cheques had gone past 6 months and the bank no longer accepts them. I refused to issue the 2 replacement cheques unless I get the old ones back. I have already left the property. What are the legal implications? Can he sue me for non-payment? What do you recommend as a solution? I have photocopies of the 4 cheques (including the last 2 he cashed). The flat is in Dubai. It was a non-Rera registered agreement. Thank you!

A friend is still caught after a fight while the other person is released

Q: Good afternoon sir/mam, My friend was caught in a fight with a Pakistani guy. The guy was released. My friend is not released yet. He is in prison now for 1 month, 17 days now. I need help.

Termination for non-performance without prior warnings

Q: Hi! I would like to ask for advice. The company has terminated me last June 30, 2019. My work is a visual merchandiser and we have 16 stores across the UAE which I need to visit all in one month. But last April and May, I have not visited some of the shops due to other important and urgent work. The company suddenly send me a termination letter due to non-performance which I am really shocked because I didn`t understand that they put non-performance if I am doing other important and urgent projects. There is no warning letter given to me. Since I`m getting pressure from the HR, I had signed the termination letter and it was effective June 30, 2019. But after 3 or 4 days, the company asked me to come to work for 1 month notice period July 1-31. Then they ask me to work again in August, and then until September 15. Then they terminated me. I need your advice if there`s a chance that I could complain about this to the labour and the chances of getting the correct compensation. Thanks

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What can a UAE expatriate do with assets and properties in case of deportation?

Q: Hi, I have purchased a property in the UAE and opened a business here. If I get into any trouble and they deport me for any reason, what will happen to my assets, houses, business and money in the bank? Am I able to transfer them out or sell them and send my money back home?

How can the immigration ban issued due to overstay get lifted?

Q: Hello, In 2015, I overstayed my visa for months and couldn`t pay for the overstay. Sharjah immigration detained me for 3 weeks, then I was allowed to leave with making the payment. I would like to know if there is an immigration ban and how can the ban be lifted so I can visit the UAE again? Thank you!

Being on the blacklist without a reason. What to do?

Q: I was staying in the UAE from 2008 to 2018. After that, when I was trying to visit the UAE, I found that there is a travel ban. I am not allowed to enter the UAE. They told me that I am blacklisted in the UAE. I don`t have any criminal cases or any bad records in the UAE. Why am I on the blacklist? Please give me advice on the right way to enter the UAE!

وضع شخص على القائمة السوداء رغم عدم زيارته لدولة الإمارات مسبقًا

س: تحصلت على عقد عمل بصفتي معلمة بدولة الإمارات العربية المتحدة (إمارة أبوظبي) بموجب الاتفاق المبرم مع الوكالة التونسية للتعاون الفني. تم الاتصال بي من طرف الوكالة لإتمام إجراءات السفر بعد الحصول على شهادة إثبات صادرة عن الإدارة العامة للإقامة وشؤون الأجانب بأبوظبي. عند تقديم الملف النهائي للسفر للوكالة التونسية للتعاون الفني فوجئت برفضه بسبب أنني ممنوعة من دخول دولة الإمارات العربية المتحدة بدون ذكر الأسباب. وعندما استفسرت عن هذه الوضعية لدى السفارة تم إفادتنا بأنني قد زرت دولة الإمارات في السابق وبأنني ممنوعة من دخولها لاحقًا باعتبار وجودي على القائمة السوداء للأجانب الغير المرغوب فيهم والحال أنني لم أزر البتة دولة الإمارات ولو لمرة واحدة.

Leaving the UAE without canceling the visa or renewing the trade license

Q: Hi, I had my own trade license and partner visa. I left Dubai in 2015 without canceling my visa and without renewing my trade license. Can I come back to the UAE now and how?

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Is it required to pay overstay fine while the work visa is being processed?

Q: Hi, I hope you all are doing well. I am concerned about a few things. Currently, I am on my grace period of a visit visa and it will last till the 18th of October. I just got a job and the company has started processing my visa on15th of October with just a job offer letter signed by me. My question is if I don`t get the visa before the 18th, will I have to pay a fine for overstaying? Or because the company started the visa process, it doesn`t matter if I got a visa after the 18th, I won`t pay any fines? Please help me! I need your suggestions. Thank you!

فقدان عقد بيع قطعة أرض والتسجيل في الطابو

س: اشتريت أرضًا سنة 1980 وفقدت عقد البيع، وعندما دخل الطابو إلى منطقتي سجلت أرضي بالادعاء. هل يمكنني عمل عقد آخر أو ورقة معينة تفيد بأنني اشتريت هذه الأرض من صاحبها وتكون هذه الورقة مسجلة عند الكاتب العدل؟ علمًا بأن الورقة الأصلية كانت وكالة دورية.

Can you resign in probation period to take a better offer?

Q: I am leaving in probation period to work for another employer. I have received a much better offer and want to change companies/employment.

Can an employer withhold employee's EOSB due to customer's non-payment?

Q: Dear sir/madam, I have been working in a shipping company for 4+ years. I am in sales. My company gave me termination stating poor performance. However, the company did not pay my salary since March. Now, they cannot clear my dues because a customer with whom I made a sales deal didn`t pay the amount to the company. The customer says that it is due to some cargo shortage. The customer should pay 200000 (two hundred thousand). Can the employer hold an employee responsible for receivables and hold the end of service benefits and salary? I am jobless and without money since June. Can the employer hold an employee settlement? I have a Jafza visa.

Termination and holding company assets to get labor dues and visa cancellation

Q: I was MD of a company, however, I was made redundant back in Jan 2019, signed a settlement agreement with my employer. According to the settlement agreement, the employer had to cancel my visa before May 31, remove my name from the trade license and replace me with a new signatory for bank accounts. However, due to some reason, they couldn’t replace me, so they couldn’t cancel my visa at the end of May. After all, now in October, the employer has informed me that they are now ready to take over bank accounts to a new signatory and replace me on the trade license. In the meantime, as a sole signatory of the company, I signed all company documents until Sept. to make sure the company operates smoothly. But since my employer didn’t pay my annual home leave tickets and other benefits, I stopped signing company documents as of September. All in all, I don’t want to hand over bank accounts till they pay my benefits. If I delay the bank account handover process, will it cause any legal issues against me?

تأسيس مكتب استشارات في السعودية

Extending the work permit until a labor case is over