Questions & Answers - Legal Advice Middle East

Resignation during the probation period to take another offer

Q: Hi Ahmad, I hope you`re doing good. I`m contacting you through https://legaladviceme.com/. My Query is: I`m under a probation period of 6 months with a company based in DMCC, JLT, Dubai. I have an offer letter from a company based in Mainland Dubai. If I resign from my current employer and accept the offer in the mainland, will there be a chance of any ban or penalty? Thank you.

الادعاء على مطور عقاري بعد تعليق المشروع

س: السلام عليكم الأساتذة الكرام. أود استشارتكم بخصوص تقديم شكوى ضد مطور عقاري. تم حجز شقة بعد دفعة أولى 14 % لحساب المطور العقاري مباشرة بتاريخ 2/3/2019 وكل المرفقات والمراسلات الرسمية موجودة، علماً بأن المشروع قيد الإنشاء 11 % و مسجل لدى التنظيم العقاري في دبي. تمت المتابعة مع المطور بخصوص إجراء تسجيل الملاك للمباشرة بدفع الاقساط الشهرية لحساب الضمان (escrow) وتأخر المطور بالاستجابة. تبين فيما بعد بأن المطور يواجه مشاكل داخلية وتم تعليق المشروع. قدمت شكوى بتاريخ 27/4/2019 لدائرة الأراضي والأملاك بجميع المرفقات. هل مطلوب تحويل الطلب للمحكمة وتعيين محامي؟ نشكر لكم حسن التعاون

Non-payment of personal loan and its effects on you in the UAE

Q: Dear Madam, Last three months, I am not paying the personal loan EMIs because I am not getting a salary for the last four months. What action can the bank take against me?

Starting credit service provider business in the UAE

Q: We specialise in Credit as a Service (i.e. white-labelled provider of b2b credit from a merchant to its customers) in around 40 countries today. Once a merchant`s customer is registered with us and we have issued them with a credit line they are free to purchase from the merchant. As they purchase, we issue them an invoice branded as if from the merchant. We then collect from the merchant`s customer in line with the agreed credit terms (e.g. 30 days from invoice). Is this model acceptable/legal in the UAE? Would we require a specific licence for this business model? Are there any specific requirements we would have to adhere to in terms of invoice details/format...etc?

Refusing to issue a clearance certificate despite of closing the case

Q: Hello, Please note that my cousins were caught for driving without license and possession of alcohol in RAK; however, the court has cleared all after the payment of the fine amount levied by the RAK court. One of them is currently employed in RTA (Roads and Transport Authority) as a taxi driver. On applying for a good conduct certificate, the police denied it in spite of the case being closed. Please advise what steps are to be taken to acquire the clearance certificate.

Fine payment and further liabilities related to cheque bounce cases

Q: Hi Mam, I need clarification. I had a credit card loan which I was remitting though not on a regular basis due to salary delay. However, while I was travelling on emergency leave to attend my grandma`s funeral last year, I was denied of travelling saying that there is a bounced cheque by the bank and thereafter was imprisoned for a day. The very next day I was released after paying an amount of AED 4950/- and the officer said that I need not have to pay anything further. The bounced cheque was for 60000/- and my total dues at that time were only about 15000/-. Now after almost a year, I received some calls from their collection department and they have sent a mail saying that my dues are now about 39,000/- and cautioned me not to travel. As I am planning to travel during the 1st week of May `19, I would like to know your valuable advice as to whether there will be a ban on me again. Appreciate & eagerly awaiting your valuable advice. Thank you, G. N.

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Jurisdiction and governing law clauses in a contract

Q: Hi, I am a legal trainee in Turkey. I have a question. Is it possible to select the Turkish law as the applicable law to the contract, where the parties are both in Dubai?

Dealing with bank loans defaults as simple crime in the UAE

Q: Dear Ma`am, Need your advice. I took a loan of AED 64000 more than a year ago and currently the outstanding amount is AED 51000. But as I don`t have a job now, I am unable to pay the rest. As I know from 2019, there is no imprisonment or criminal case but if the bank files a civil case against me the fine will be around 5000 AED imposed upon me by the court. Currently, even I don`t have a single penny and I am struggling for daily expenses. Kindly let me know how much time will the court give me to pay the AED 5000 fine. If I can`t pay the fine within 1 month or 2 months time, what will be the consequences? Also, let me know how I will be able to lift a travel ban if the bank imposes it on me somehow.

Cancellation of limited labour contract for salary delays without a ban

Q: I submitted resignation on Feb 4th due to salary delay issues and the management agreed that salary will be on or before 15th of every month. As per that, I withdrew the resignation, but still, I face the same delay issues. And today I registered a complaint in the labour. All I request is to release me without fine. I am ready to sacrifice the dues and settlements from the company. 9 months under limited contract. All I need is to relieve me asap without a ban. The labour department told me to wait for 10 days for salary crediting, and if not, they will go further. As per my complaint, they may release this month pay. What about the coming months? Should I register a complaint in labour every month? Kindly suggest how to solve this and get cancellation without a 1-year ban.

The legal procedures of selling goods purchased from a shop

Q: Can I buy goods from one shop and sell them in my shop?

Compensation for premature termination of a limited labour contract

Q: Hello. My employer is asking for 45 days compensation and it`s a limited contract, I have worked for 5 months and I am under probation. I submitted my resignation and there was no mention of the penalty clause in the acceptance email. I replied saying I am in no position to pay the money and I can serve a notice. How do I get out of this situation without having to pay my compensation? Also, I would like to know if the compensation is on the basic salary.

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Consequences of working without residency or work permit

Q: I have worked for an employer for 22 days and now he tells me my services are no longer needed. He has not processed my visa and I only have an offer letter from him. I have been on sites and done his work but he says he doesn`t need me and has thrown me out of the company. He is not ready to pay for anything. My visa status is currently cancelled from my old employer and I`m on the 30 days period now. My wife`s visa is on hold in immigration and I don`t know what to do. I want the money for the work that I have done for the past 22 days. Kindly advise.

Execution of a judgement to get maintenance for wife and child

Q: My Muslim ex-husband is not paying monthly support for his Muslim son who is under my custody (I`m a Muslim too) from 2012 until now. Dubai Court has ruled for AED 1K monthly support for him to pay, yet he has not paid anything. My child has stopped schooling because I cannot anymore support his school needs. Now, I have no idea if he is still here in the UAE as the numbers we knew are not anymore working. Please advise generally, what should I do? I went to Dubai Court recently but there is no penny paid. The amount is already nearly AED 90,000. Thank you

Leaving the UAE without the settlement of bills and dues

Q: If I cancel my visa & go without settling any dues; will I be caught in the airport due to the cancellation stamp in the visa?

Removing blacklist in the UAE for old credit card case

Q: Dear lawyers I am from the Republic of Korea (Usually say South Korea). As my experience, I didn`t have any difficulty and/or limitation for normal visiting and travelling to the UAE without particular visa till recent (Not for working). But as I knew my name is still on the blacklist against the processing of working visa with a record of credit card fee payment delay even all payment had completed and closed that case. (I had worked as a chef during certain years a long time ago). Can you delete my name from the blacklist for my potential working visa processing? If possible, how much do I need to pay for lawyer fee and expected processing period? Please let me know for my next follow up. Thank you. Regards C. J.

Initiating legal action for termination without any reason

Q: Termination without Notice Period I`m working in a company for over 7 months, and my probation period is finished. I have an unlimited contract. In my offer letter and also in my contract, there is a 3 months notice period but they suddenly terminated me without any reason. Should I get 3 months salary if go for legal action? Could you please explain the procedure to move legally? And how much time will it take for the legal action and get the benefits?