Questions & Answers

Q: Salam, I was working in Dubai and I needed a 50k loan from the company. My boss told me to do him a favour and take a 700000 loan from the bank then take 50k. I said how. He planned everything and deposited 30k salary on my account and verify from HR and accounts. The bank agent gave me the loan he paid instalments almost for one year and then he terminated me and said don`t worry we will pay your loan. After I came back to Pakistan, they are paying but after 3-4 months like that, the recovery company calls me in Pakistan daily. what can I do? If I come to Dubai and make a case on my boss, will the bank help me or I have to hire lawyer?

Procedure and requirements to lodge a labor complaint

Q: Hi sir, I want to submit my complaint to the labour court, please guide me.

Claim of compensation from employee for resigning in a limited contract

Q: Dear Sir, Hope you`re doing well. Subject: Legal consequences of resignation in a limited labour contract My neighbour brother earlier went to Dubai for packing work in a hotel for 2 months. And due to the condition of work & not getting a proper salary, he decided to resign. When he intimated the same to the employer they said he should pay before leaving AED 4500 & his own ticket. He is from a very poor background that`s why he came for AED 900 salary. But now he got actually 750 only without food. Need your kind support to help him to come back to India.

Recovery claim of a bounced cheque from a client

Q: I received bad/bounced cheques from a client in the amount of AED108000 and need to have a civil lawsuit to claim this amount.

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Absconding case by the employer after termination

Q: Dear Madam Reputed con company terminated me giving a 1-month notice period. After the notice period, the company cannot cancel my Dubai visa due to a travel ban and criminal case. The company now asks me to clear the case immediately, otherwise, they will notify me as absconding. Is it possible by the company to notify absconding, and still I have regular contact with the company?

Holding the final payments for provided services due to a mistake

Q: While closing the contract and final payments are overdue, the client is claiming that they will not release such overdue payment because of a mistake that my technician did during his performance of activity which falls under our scope of work. This mistake had cost the client around 100k AED as fine from ADDC plus another 100k AED against modification of the work done by the client after the mistake happened to comply with ADDC requirement. Does my client have the right to do so, knowing that there is no limit of liability clause in our contract but our contract is under the UAE law? Please advise.

Suing the employer for failing to issue visa and pay salary

Q: I got an offer letter from an employer in November. I signed the offer letter and sent my signed acceptance back to the employer. I resigned from my previous company and joined this new company officially on the 26th of December. They told me they are processing my visa and every day they tell me the same thing. I go to the office every day, but yesterday they told me they cannot process my visa. I requested them to give me some money as I am coming to their office every day since the 26th of December. They refused to pay as well. Please advise me, is there any legal remedy available in my circumstances?

Leaving the UAE without the cancellation stamp on employment visa

Q: I was working on an employment visa in Sharjah, however, the employer had cancelled my visa and after the completion of the notice period, I came back to my country. Now, I want to come to the UAE on a visit visa. However, upon final exit immigration officer didn’t stamp ‘Cancelled’ on my employment visa. Though I have proper cancellation papers with me. Kindly advise me how to enter the UAE on a new visit visa. Is it compulsory to have the Cancelled stamp on the previous employment visa which is valid until next year?

Claiming pending salaries from the employer after resignation

Q: Hello, I`ve worked for an employer in Dubai for one year. I resigned before the end of the contract so the contract won`t be renewed. My employer held a worth of 4 months salary and didn`t pay to me till date. The employer wasn`t my sponsor but we have a signed contract and an email conversation where he promised to pay but he didn`t. What can we do? The owners are a Canadian and a Saudi and the company is in DMCC.

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Claiming the salary and entitlements for termination during probation

Q: I moved to Dubai in August 2018 and I am sponsored by my wife. I started working for a company in October 2018 until they terminated me in January 2019. The company is a joint venture between a DWC company and a Sharjah free zone company. I have an employment contract which states it abides by the UAE labour law and free zone labour law. The company advised me that I did not require a work permit/visa. Since my employment was terminated on 17th January 2019, I have not received my final salary as well as other monies owed. MoHRE and JAFZA have not been able to help. What action can I take to get my money? Many thanks.

Enforcement of a Non-disclosure Agreement in the UAE

Q: Hi Can an NDA which is signed in Singapore be enforced in the UAE? The company I worked for is UAE based but worked for them in Singapore for 5 years.

The consequences of resignation in a limited labour contract

Q: Dear Sir, I hope you are doing well. My neighbour brother went earlier to Dubai for packing work in a hotel for 2 months. Due to the condition of work & not getting a proper salary, he decided to resign from his job. When he intimated the same to the employer they said he should pay AED 4500 before leaving & his own ticket. He is from a very poor background that`s why he came for AED 900 salary. But he gets actually 750 only without food. Need your kind support to help him to come back to India.

تحديد حقوق العامل عن الصرف من العمل ونوع العقد الخاضع له

س: السلام عليكم لدي استفسار عن الفصل التعسفي في حال عدم تجديد العقد. لدينا موظف يعمل بوظيفة محاسب من شهر 8-2017. في 24-12-2018 تقدم بطلب للحصول على إجازة لمدة 5 أيام. لم تتم الموافقة عليها وتمت الموافقة على إعطائه إجازة ليوم واحد لكنه تغيب عن العمل لمدة ثلاثة أيام، وفي اليوم الثالث تواصل معه صاحب العمل وأعطاه مهلة شهر للبحث عن عمل آخر. طلبت منه السكرتيرة الحضور لمكان العمل لإتمام الاجراءات وقبض مستحقاته (المبلغ المتبقي من راتبه + راتب شهر الانذار + بدل الإجازات المتبقية). لكنه رفض وطلب أن يتم دفع رواتب الأشهر المتبقية لغاية شهر 8-2019 بحجة أن العقد يتجدد تلقائياً بعد انتهائه في 8-2018 وهدد أنه سيرفع شكوى في المحكمة. السؤال، هل يتجدد العقد تلقائياً مع أنه غير مذكور في العقد موضوع التجديد التلقائي؟ وما هي المستحقات التي يحق له الحصول عليها إذا رفع شكوى؟ ولكم جزيل الشكر

حصة الشقة المبيعة في أرض العمارة

س: السلام عليكم أريد بيع شقة تمليك إرث، وسألني المشتري عن حصة الأرض فوجدت في العقد هذا البند: "البند الرابع - يقر الطرف الأول بأن الملكية للشقة موضوع البيع قد آلت إليه بطريق الشراء بموجب عقد البيع الابتدائي المؤرخ في ..... من المالك الأصلي للأرض .... الذي آلت إليه الملكية بطريق الشراء من السيدة .... بحسب العقد المسجل برقم .... استبدال من وزارة الأوقاف. وبالنسبة لإقامة المباني بطريق ترخيص المباني الصادر له من مراقبة التصميم بحي شرق الاسكندرية ". فهل يعني هذا وجود حصة مشاع على الارض؟

Employee status if the contract doesn't state the probation period

Termination of an unlimited employment contract and annual leave

Suing an employer for unpaid loan taken on the name of employee