Questions & Answers - Legal Advice Middle East

Enforcement of a labour case judgement to get dues

Q: I have a case going on with a company for not paying my indemnity. I have won the case but the employer still hasn`t paid. The execution court now has accepted to block the shares of the employer company with the ministry of commerce and the commercial registration will be affected. Please advise

الحصول على شهادة عدم محكومية مع وجود حبس قضائي بسبب كمبيالة

س: هل أستطيع الحصول على عدم محكومية وأنا مطلوب للتنفيذ القضائي بسبب كمبيالة؟

Non-payment of end of service benefit by ex-employer

Q: Non-payment of end-of-service benefits. My husband left his company last mid-May 2019 and is now currently working at a new company (both companies are from Dubai). Up to this date, he still has not received his last pay & gratuity payment from the company he left in which he worked there for almost 5 years. Upon leaving the company also, he did not sign any letter on receipt of the final settlement. We have been constantly following up on when the last payment & gratuity will be settled. But the HR just keeps on saying to us that they are "waiting for funds, waiting for client payment...". This keeps going on for the past 4 months and not a single Dirham has been paid to my husband. We are just waiting in vain, & there is this worry that he won`t ever receive his end of service benefits because of these reasons. Need some legal advice on how we can proceed and push his former employer to pay their dues.

The way of claiming unpaid salaries and releasing passport

Q: What can a person do if a company or consultant from Dubai hires an employee on an employment visa, didn`t issue salaries on time and try to cheat him? How can he overcome if they took his passport too?

الدعوى المدنية في لبنان بسبب قرض في الإمارات

س: اقترضت من بنك في دبي خلال وجودي هناك وقد فقدت عملي واضطررت للرجوع إلى لبنان، والآن هناك مكتب قانوني يمثل البنك ويطالبني بالدفع. في نفس الوقت البنك يراسلني ويقوم بتهديدي برفع دعوى مدنية ضدي في لبنان. أرجو توضيح ما هي الدعوى المدنية وما يجب علي فعله مع العلم بأنني عاطل حاليًا عن العمل. أرجو الإفادة.

Termination stating redundancy amounts to arbitrary termination

Q: Hi, If a company terminates an experienced employee stating redundancy & hires a person on lower salary for the job, is it considered fair as per the UAE labour laws? With this logic, it should be ok for companies to terminate employees at bulk & replace them with cheaper resources with the purpose of cost-saving. Do advise.

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Visa requirements for degree certificate in case of name change

Q: Hi Brother, Hope you are doing well. I see your Quora answers, and I have a doubt on employment visa processing. Recently, I changed my name in the passport in India with the help of gazette certificate. Now, I got a job in the UAE and they`re asking for my degree certificate for visa processing. But in my degree certificate, there is a different name it will affect any problem in visa processing.

Refusing to submit work completion certificate to the contractor

Q: I am a fit-out contractor based in Dubai. My client has refused to give the work completion and final bill certification even after the project completion and insisting on me to get the completion certificate from relevant authorities. When we objected to going further without final bill certification they have applied the completion inspection to authorities without our knowledge. Is that fair in a contractual agreement? How can I claim my payment?

Checking cases to clear a loan before returning to the UAE

Q: Hi Ma`am, I took a loan in an amount of 50000 in Sep 2016, and then I came back to my country. But now, I came back to Dubai. Can you tell me how many days will the police give me in jail and how much fine for AED 50000 loan?

Removal of retina and fingerprint scan in the UAE

Q: My friend was in the UAE for 10 years with a different name and family name on the passport due to legal issues in the UK. Now the issue is solved in the UK and wants to return with his original name and family name and remove the eye scan and fingerprint in the system legally. Can anyone please assist with the procedure and cost for it. Regards

الغرامة هي جزاء ثبوت عدم صحة إنكار التوقيع في الكمبيالات

س: هل المحكوم عليه بغرامة لخزينة الدولة بسبب إنكاره لكمبيالات ثم قام بعمل تسوية فيها مع صاحب الشكوى ودفع الغرامة يستطيع استخراج شهادة عدم محكومية لغاية توليه القضاء الشرعي في المملكة الأردنية الهاشمية؟

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The right of one partner to force another to transfer shares

Q: Hello, I am based in Dubai. I am the 49% shareholder and manager of a Dubai-based general trading company. Suddenly, my local sponsor is asking me to resign and insisting me to transfer my shares to his son. I refused to resign and transfer the shares. Can he take any legal action against me?

Deduction of the annual leave and reducing salary

Q: Sir, I joined a private company in 27/09/2014 on an unlimited contract. Based on the basic AED 2000 & HRA 3500 (Total AED 5500), I got the annual leave salary up to Sep 2018. In August 2019, the company reduced my basic to AED 1500 & HRA as AED 2500 (Total AED 4000). My accumulated leave was from 1st Oct 2018. I applied for my vacation and it was approved but the company wants to consider the revised salary (Basic & HRA) also. Now the company wants to consider the new salary and deduct the excess paid before as leave salary since the basic and accommodation is lowered as mentioned excess paid during previous leave salary. Recently my company reduced basic and HRA from 01/08/2019.

الامتناع عن سداد أقساط قرض وبطاقات ائتمانية

س: لدي مشكلة قرض وبطاقات ائتمانية تصل إلى ١٠٠ ألف درهم. كنت أدفع بشكل دائم لكن الآن توقفت عن العمل كونه أصابني مرض ويجب أن ألغي إقامتي مع الشركة وأذهب إلى بلدي للمعالجة ولا يوجد لدي المال لكي أدفع لهم. ماذا أفعل بهذا الموضوع، مع العلم أني لا أستطيع العمل لحين معالجتي من المرض؟ هل سيتم توقيفي في المطار إذا أردت المغادرة؟

Delay in obtaining a PCC from the UAE for immigration purpose

Q: Hi, I have lived in the UAE from 2010-2012. I don`t have emirates ID, I have applied for PCC for immigration purpose on Dubai police website and send them the fingerprints attested along with other documents from India. Now, the status online shows In progress for almost one month. They are not responding to emails. Calls also hardly in touch. Only once they picked and seems they don`t have any proper answers for my PCC. I don`t know why they`re not issuing my PCC and delaying it. What I can do in this situation?

The consequences of terminating a limited contract by the employee

Q: I am working in Jebel Ali Free Zone with a limited contract. As per my offer letter I have to serve the notice period of 60 days and 45 days of basic salary. But I came to know my employer is charging 45 days of gross salary after serving the complete notice period. Just wanted to check, is it legal to ask for 45 days of gross salary in case I serve the complete notice period?