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Questions & Answers
UAE
Performance of contractual obligation and delay in the process
Q: A Sub-Contractor (SC) holds/stops the work highlighting Article 246 & 247 [UAE Civil Code] due to payment delayed (Advance & Interim Payments) by the Main Contractor (MC). But the Main Contractor`s concern is the document required to process Advance Payment [i.e. Advance Bank Guarantee - ABG] was not submitted on time & LC draft issued to SC was not agreed on time due to several arguments on some of its content. The MC paid the SC Advance Payment in 90 days from receipt of ABG highlighting the delay in reallocating the fund due to delay in ABG submission & LC draft agreement. Whose argument will withstand moving forward if MC intends to impose delay penalty on SC? Please advise. Thank you
Mar 2, 2019
739
Questions & Answers
Jordan
حق العامل في الالتحاق بدورة تعليمية مدفوعة الأجر
س: وقعت كمبيالة في شركة تعليمية عوضاً عن دورة تعليمية في الشركة، مع العلم أنني موظف في الشركة. هل يحق لي المطالبة بالغاء هذه الكمبيالة؟
Mar 1, 2019
312
Questions & Answers
UAE
Entering the UAE after deportation for overstay and illegal entry
Q: My friend is in Uzbekistan now. She was deported in 2009 for overstaying on a visit visa. Then she came to Dubai illegally and was deported in 2010 by Dubai Prosecution (Niyaba). Now she wants to come legally to Dubai on a work visa. What is the procedure? Now it`s been 9 years since she got deported. If the visa got approved, can she come to Dubai or not? If no, what should she do to enter Dubai legally?
Feb 28, 2019
2994
Questions & Answers
UAE
Obtaining a legal heir certificate from the UAE courts
Q: Legal heirship certificate for a person who lived in the UAE but now lives in India and died.
Feb 28, 2019
12080
Questions & Answers
UAE
Dealing with a case by the bank for defaulting on a loan
Q: Dear Sir, I have not paid a loan amount of AED 82000/- due to job loss. The bank is threatening to deposit a security cheque for AED 220,000/-. How will the bank deposit more than the outstanding amount? If the amount exceeds the cheque amount of AED 200,000/-, what is the next action by me? Please clarify Thanks and regards Seshad
Feb 28, 2019
4646
Questions & Answers
UAE
Duration of a labour case procedures until the execution
Q: How long will the Dubai labour court take after the judgment to solve the matter if the claim value is AED 22000?Feb 28, 2019
7454
Questions & Answers
UAE
Time limitation for suing the employer for the non-payment of dues
Q: I made an agreement with my previous employer that my outstanding dues will be paid to me by the employer after one year from the cancellation of my visa. Now two years have passed but I did not receive my pending dues. What to do? Please advise.Feb 28, 2019
1091
Questions & Answers
UAE
Negotiations with the bank for the payment of credit card dues
Q: I currently have two credit cards with a debt in the UAE and have left the country due to my daughter’s health. I have been in contact with the bank and tried to make the payments. I have emailed with no response. I finally received a response from the collection department after many emails. I told them I wanted to make the payment and asked how. They gave a method so I made the first payment and said I would continue to make a monthly payment. Before the next payment was due, I received another email saying they were going to open a legal case against me for not making any payments. I emailed again and sent the proof of payment. I asked if I could still make the monthly payments and I never received a reply. Then I get another email saying they presented my cheque, which bounced, and they were going to seek further legal action in the UAE and country of residence. I emailed again to sort this issue but haven’t received a reply. What are my options as I want to clear this debt?
Feb 27, 2019
2367
Questions & Answers
UAE
Checking possible pending cases before passing through transit
Q: I left the UAE in 5/16. I had a car that was supposedly sold by my company, also as part of my leaving package all my debt (credit cards) where to be met by my company. Only recently I’ve found this not to be, they have moved the liability around. I am working in the US and need to travel to Dubai in a change-over stop. I lived there for 8 years. Will I be held at the customs on the flight transition, or I will be able to travel through? My company are not helping. Can you please help me?
Feb 27, 2019
3535
Questions & Answers
UAE
Claiming salary and end of service benefits without a visa
Q: Hi Anitha, You were recently answering my questions under `Claiming the salary and entitlements for termination during probation` and you suggested that SHAMS would take up the issue of the employer not issuing a work visa/permit as well as not paying the owed salary. I had been emailing SHAMS for the past week or so and they put me in touch with an adviser from virtualzone.ae. After explaining the situation to them, they said that as I didn`t have a visa then it`s classed as a personal dispute and not under SHAMS Free Zone scope and that they won`t help me. Could you please advise on what my next step should be? Do I need to take out separate legal action? Kind regards Mark S.Feb 26, 2019
450
Questions & Answers
Bahrain
Leaving indemnity calculation for non-Bahrainis
Q: I worked for 10 years. The total days of leave I took in 10 years is 366 days. Will I get the indemnity only for the working days?
Feb 26, 2019
2252
Questions & Answers
UAE
Lending money to a friend and the legal way to recover it
Q: Hi, I had helped my friend by lending him some amount of AED 62,000.00 and he has given me confirmation on a summary prepared by me. Is it legally valid? Can I go to the court to attest that document? I have a cheque of AED 16,800.00 but later I knew he closed that account. May I deposit that cheque of AED 16,800.00 and file a complaint to get AED 62,000 on it?
Feb 26, 2019
710
Questions & Answers
Egypt
مسؤولية الموظف في حال رفض التوقيع على تعهد بعدم المنافسة
س: هل يجوز للشركة إجبار الموظف المستقيل على توقيع تعهد بعدم العمل لدى منافسيها بمده محددة أو مدى الحياة، علماً بأنها غير مذكورة فى عقد العمل؟ وفي حالة التعنت من الشركة لإنهاء إجراءات الاستقاله، كيف يكون التصرف؟
Feb 25, 2019
1613
Questions & Answers
UAE
Recovery of agreed fee after the performance of contract
Q: Hello Dear, I’m a PR agency based in Paris (France) and I worked with a brand based in Dubai. I signed an agreement with the brand for a celebrity placement, I did my job very well because the press impact was huge and now the brand refused to pay me. Can you please tell me what can I do to be paid? Because I work alone in my PR agency, my legal status is auto-entrepreneur and the brand in Dubai is a society. They are more powerful and rich than me. Thank you so much for your help. Best, N.K.Feb 25, 2019
557
Questions & Answers
UAE
Recovery of money from developer for delay in property handover
Q: I have a property that was supposed to be handed over about three years ago and still isn`t. On the SPA, there is no anticipated completion date. What can I do about this?Feb 24, 2019
833
Questions & Answers
UAE
Recovery of the invoice amount from a client
Q: Hi. I have tools and hardware small business. I supplied goods to one company in Dubai and the payment is pending since May 2017. The total amount is AED 59,652, and the company owner is not giving any reply nor picking up any calls. In this situation, what do I do? I don`t have any PDC cheque, I have the company`s LPO copy & Inv-do!Feb 24, 2019
1659