Questions & Answers - Legal Advice Middle East

Claiming labour entitlements to close a pending bank loan

Q: Sir, I have more than 100k due salary from my company & my bank pending liabilities are 80k only. Since I have several month`s salary delay, I could not manage my bank liabilities on time. Please advise what will be my position if I file a case against my company to force the payment and settlement of my dues? Is there any possibility to hold the payment to the bank till settlement of my overdue salaries. Regards S.

Labour rights in case of termination for changing management

Q: Hi, My company decided to sell it to a different owner, they said it`s up to us if we want to stay on our job. If we choose to stay, they will cancel our visa and the new owner will process a new visa but we will pay all the expenses for processing a visa, Emirates ID and medical...etc. So I volunteered not to continue working with them. I have been with the company for 7 months. They give us a notice a month ago. Am I capable to get compensation from our previous company? Please let me know, as I`ll be jobless soon. Hoping for your kind advice so I know my rights.

Appealing a judgement of paying half labour dues and claiming full pay

Q: I`ve filed a case against my ex-employer (Bahrain) for my indemnity and EOS. The lower court gave a verdict in my favour and around 40% of the total money which I claimed. Then the case was transferred to the high court and was again in my favour with the same amount. It means the employer has to pay me around 40% only of the total amount. This verdict came 3 months before and my lawyer keeps saying that till now he didn`t get a full judgment so he doesn`t know the actual amount. And now, he is saying the amount is the same which the judge wrote in the verdict i.e. 40% of the amount. I have all proofs where my employer said that they have to pay me the full amount. Now please guide me on what I should do. My lawyer is saying that we can`t do anything, this is the final decision. This means, I won the case but actually I lose. Can I challenge this decision?

Divorce and maintenance for a wife when the husband refuses to pay

Q: My husband wants to move to Abu Dhabi and he doesn`t want to provide for me a roof or to be committed in any way to me and asks me to manage myself! What can I do? And he says "if you want, I can divorce you but I don`t pay you anything." I don`t have kids and we`ve been married for 3 years. During these 3 years, he didn`t pay except the roof and I paid all bills and we share grocery and any other expenses.

Resignation during probation period and visa transfer in Bahrain

Q: Dear Sir I am in the probation period. I came to Bahrain on a business visa and transferred locally. Now 10 more days left to complete my probation period. I have submitted the resignation today 07.08.2019 and the company is not ready to agree to the local transfer. What should I do and what is the procedure? Please advise.

الحقوق الشرعية للزوجة والأطفال إذا طلبت الخلع

س: في حال وجود خلافات زوجية، السؤال الأول إذا طلبت الزوجة الخلع، ما هي المستحقات المادية التي تحصل عليها في حال وجود أطفال؟ السؤال الثاني، هل يمكن إلزام الزوج بكافة المصاريف بدون طلاق؟

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When do the grace period start upon employment termination?

Q: Hi Sir/Madam, My visa expiry was July 31, 2019, and on August 14, 2019, my employer decided not to renew my employment visa. When will my grace period start? And do I need to pay any penalty if I overstay until September 14, 2019? Please help me!

Returning to the UAE after clearing a bounced cheque case

Q: I had a bounced cheque for 600,000. I have now repaid the outstanding amount and I am out of the country. Am I still liable for a fine? Can I return back to Dubai without being harassed?

Deportation for discovering TB scars and returning back

Q: I would like to know if I am banned in Dubai due to being medically unfit for old TB scars issue, can I remove it anyway and come back to Dubai?

دعوى منع المعارضة بسبب انتهاء مدة عقد الإيجار

س: السلام عليكم، عند وجود عقد إيجار محل تجاري وقام المالك بإبلاغ المستأجر بالإخلاء بكتاب عدلي ولم يقم المستأجر بالإخلاء واستمر بدفع الاجرة في موعدها لحين انتهاء العقد ولم يجدد العقد. بعد ذلك استمر المستأجر بدفع الأجرة للمالك بنفس الموعد ولمدة أربعة أشهر أخرى من دون تجديد العقد. هل يحق للمالك بعد ذلك تحريك دعوى إخلاء العقار؟ وما هو الوضع القانوني للمستأجر؟ هل العقد القديم أصبح مجددًا بحكم أن المالك قبض ثمن الأجرة لأربعة أشهر؟ شكرًا لكم.

Calculation of the end of service benefits upon resignation

Q: Dear Sir, I am working in a Hospital as a Registered Nurse from 11.05.2014. My first two labour contracts were unlimited labour contract and after finishing the second contract term, the hospital management renewed the labour contract with a new limited labour contract. I have resigned from the hospital now and I am in the 2 months notice period as per contract. I like to know about the calculation of my gratuity amount. As per the hospital management, they calculate the gratuity as 14 days x 4 years (for the completed unlimited contract period). Whereas I have completed total 5 years and 4 months period in total with the hospital (4 years with unlimited contract and 1 year and 2 months with limited contract). Kindly confirm this gratuity calculation is correct as per the UAE labour law. Also, the hospital management asked me to pay a two-months full salary as a penalty since I am resigning without completing the limited contract. I am awaiting your valued reply.

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Defaulting on credit card payments and expected legal action

Q: I missed my bank credit card payment for the last two months. How long will the bank wait before taking any legal action? Also, they do not have a security cheque from me. So what can they do exactly in this situation?

التحقق من وجود مذكرة اعتقال في السعودية عن دين في الإمارات

س: كنت أعمل في السعودية لمدة عام ثم انتقلت للعمل في دبي في نفس الشركة وأخذت قرض بقيمة ٤٧٠٠٠ درهم من مؤسسة للتمويل وسافرت إلى بلدي ٢٠١٨ ولم أقم برد القرض. والآن أريد السفر للسعودية مرة أخرى للعمل وسداد ديني. هل يوحد أي مشاكل أو سيتم القبض علي في السعودية إذا ذهبت مرة أخرى؟ آرجو الرد للأهمية.

Breaching the EOSB payments agreement after termination

Q: Dear Sirs, I am 61 years old Electrical Engineer, have worked for a company in the UAE for 10 years and I was terminated in November 2018 for force reduction due to lack of projects. As the company was experiencing problems in their cash flow, I was made to sign a letter agreement to cover my EOSB, which should be paid on monthly instalments starting December 2018 until July 2019. Unfortunately, out of the 8 instalments only one was received on May 2019, and all are empty promises; the reason is the company`s lack of funds. I am staying out of the country but has still a Dubai valid visa. Could you please advise how could I recover the remaining EOSB from the company while remaining out of the country as it is very expensive to stay in Dubai without work. I look forward to your advice with gratitude. Thank you very much.

Removing a ban by the Ministry of Interior for an absconding case

Q: The Interior Ministry put a ban against me to enter the UAE after an absconding case. Can I clear the ban?

Limitation period for raising a credit card case by the bank

Q: Dear Madam I missed my bank credit card payment for the last two months. How long will the bank wait before taking any legal action? Also, they do not have a security cheque from me. So what can they do exactly in this situation?