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Questions & Answers
UAE
Consequences of resigning during the probation period
Q: Can I resign during the probationary period without the risk of paying any fees to the employer? The employer said that they will charge me with 3 months.
Mar 21, 2019
410
Questions & Answers
UAE
Jurisdiction of the UAE courts in a divorce case if one party is abroad
Q: Please, can you let me know if the UAE courts would have jurisdiction in a divorce case for a British non-Muslim UAE resident with a UAE residency visa? The other party is a not a UAE resident nor a Muslim and has never had a UAE residency visa, but has visited the UAE on a visit visa 12 months ago and has issued (but not yet served) a divorce petition in the UK? And does it matter when the divorce petition issued in the UK is served to the UAE resident? Will it make any difference if it is served before or after they file for divorce in the UAE?
Mar 20, 2019
3232
Questions & Answers
UAE
The new regulations regarding bounced cheque cases
Q: Is it correct that cheque cases today are no longer treated as criminal and are dealt with a fine according to cheque value? Sincerely, Dr A.K.
Mar 20, 2019
865
Questions & Answers
UAE
Threatening with a travel ban by the bank without filing a case
Q: I have a card balance of AED 40k. One legal firm asked me on behalf of the bank to pay this before 24th or they will file a case. They said they already put a travel ban. Is the travel ban possible without a case being registered? Appreciate your adviceMar 20, 2019
885
Questions & Answers
UAE
Checking the reasons to employment visa rejection
Q: Sir My name is Arunkumar. I was working in Dubai 1 year before. My visa was already cancelled, but now I will try a new employment visa. This time it was not issued and he is telling me I have no security clearance. I have no author problems in Dubai. Can you help me? What is the reason?Mar 20, 2019
8102
Questions & Answers
UAE
Travel ban for credit card dues without filing a case
Q: I have a card balance of AED 40k. One legal firm asked me on behalf of the bank to pay this before 24th or they will file a case. They said they already put a travel ban. Is the travel ban possible without a case being registered? Appreciate your advice
Mar 20, 2019
439
Questions & Answers
UAE
The requirement of Emirati shareholding in an LLC Company
Q: Dear Miss Raluca Gatina, We are planning to set up an LLC in Abu Dhabi. The new company shall have four Saudi nationals as shareholders - together holding 85% shares and a UAE citizen - holding the remaining 15%. We were told by some friends in the UAE that it is mandatory for an LLC to have an Emirati citizen or a legal entity as a majority shareholder holding not less than 51% of the shares. This requirement is for licensing and company registration purpose only while we could have a side agreement as shareholders reflecting the actual shareholding structure. I will be grateful for your advice. Kind regards, P. W.Mar 20, 2019
534
Questions & Answers
UAE
Execution file of a labour case against absconding employer
Q: I made a complaint against my company for a pending salary and cancellation of my employment visa through the labour office. Now, the case is in the labour court, but the company owner left the country. How do I get the salary without the company owner?Mar 20, 2019
1566
Questions & Answers
UAE
Apprehension of ban for leaving the UAE without proper cancellation
Q: Dear Sir, I have come on vacation on Jan 2010 from Dubai and didn`t go back to the UAE. Will I be facing any ban entering the UAE?Mar 20, 2019
324
Questions & Answers
UAE
Rent dispute case and settlement of a bounced cheque amount
Q: I have an RDC case from my landlord for bouncing one cheque amount of AED 5600. How can I solve this issue and is there any way to settle it in instalments?Mar 20, 2019
604
Questions & Answers
UAE
Retrospective change in the HR policy regarding gratuity
Q: Hi, I need advice on an HR related matter: 1. I joined the company on 19th Nov. 2014. That time, the company’s Internal HR manual says the gratuity is applicable to all employees post completion of 1 year of service. 2. In January 2018, the company changed the HR Manual. The point regarding gratuity has been changed from 1-year applicability to 5 years. 3. The issue is that they applied the new HR policy retrospectively and not prospectively. They are applying the new gratuity provisions on all employees even if they joined before the implementation of the new HR Policy. 4. Query: a. Strictly on Legal terms, can any change in HR policy be applied retrospectively? b. Am I right in asking that the benefits to be applied should be based on older HR Policy (which is applicable at the time of my joining i.e., Nov 2014), rather than the New HR Policy which is implemented in Jan 2018? I would also like to have the written/official response from you on this on letterhead. Please advise on charges.Mar 20, 2019
1564
Questions & Answers
UAE
حق الزوجة برفع دعوى طلاق للضرر
س: السلام عليكم، أنا متزوجة من أربع شهور. إلى الآن ولا مرة صارت بيننا علاقة، وهو غير قادر. حاولنا لكن لم تنجح العملية. ذهبت وفضيت غشاء البكارة في العيادة بموافقته وعندي دليل على ذلك، وأنا وافقت لكي أساعده وتنجح العملية. لكن حتى بعدما فتحته لم يحصل شيء وأنا مليت وكرهته الصراحة، هل يجوز أن أطلب الطلاق؟
Mar 19, 2019
4942
Questions & Answers
UAE
Labor case for the non-payment of salaries
Q: Dear Sir, I was working as a construction manager in one of the facade companies in Dubai for the last 2 years. This company has salary delays during the beginning of my career and unfortunately, it worsened over the years and currently reached almost 10 months and I have to quit the company now. The issue is that the above facade company took the employment visa for me from another company who was supplying labours (labour supply company) to them since the facade company can`t provide visas. Is there any way to claim my balance salary and end of service benefits from the facade company? I have a copy of the contract between the facade company and my visa provider company (labour supply company) and NOC from this labour supply company. Also, I have proof (emails and others) to prove that I worked in the facade company as their employee. Is there any other way if I approach any law firms such as yours?Mar 19, 2019
780
Questions & Answers
UAE
The procedure of impleading new parties in civil cases
Q: Hi How do we implead a new party on the defendant side?Mar 19, 2019
333
Questions & Answers
UAE
Possible scenario in case of defaulting on a business loan
Q: Dear Ma`am, I want to take a loan for business purpose, but if my business is no more working and I am not able to pay the monthly instalments, which type of punishment I have to face or what fines?
Mar 19, 2019
799
Questions & Answers
UAE
HR policies with regards to the end of service gratuity
Q: Hi, I need advice on HR related matter: I joined in Nov 2014. That time the HR manual applicable says that the gratuity is applicable post completion of 1 year of service. Since the same is more beneficial as compared to labour law, the same is applicable. Now, the company changed the HR manual in January 2018, wherein they mentioned that the gratuity is applicable only for employees completing 5 years. The issue is that they applied the new HR policy retrospectively and not prospectively. I need advice on whether the HR Policy can be applied retrospectively or not. Is it legally binding? Can they apply the new policy (with respect to gratuity) on employees who joined when the older HR manual is in force? Should the older gratuity rule be applicable to all the employees who joined before implementing the new HR Manual? If you need any additional info, would be happy to share. I would require written advice from your end. Please advise on the charges accordingly.
Mar 19, 2019
828