Questions & Answers - Legal Advice Middle East

Divorce proceedings regarding accommodation and custody

Q: I am an Indian Muslim woman seeking a divorce with my Indian Muslim husband here in Dubai. We have a 2.5-year old daughter. 1. My husband is saying that since he is the guardian and he will provide accommodation for my daughter (and me), my parents will not be allowed to live in that house when they come to visit me. Is this true? 2. My husband is also saying that if I relocate to a different country, he will get the custody of my daughter.

مساعدة قانونية بصياغة مذكرة دفاع لقضية شيكات مرتجعة

س: أنا شريك في شركة ذات مسؤولية محدودة والشريك الآخر هو من يدير الشركة حسب عقد التأسيس وأنا أقوم بمساعدته في إدارة الشركة، كما أننا نوقع الشيكات مجتمعين. استولى الشريك الآخر على أموال من الشركة وهرب من الدولة وكان ذلك في 25/1/2018 وتمت إدانته بالسرقة وخيانة الأمانة وحكم بالسجن. وبعدها طلبت من محكمة الأمور المستعجلة أن تأذن لي بإدارة الشركة لإنقاذ وضع الشركة لحين فصل الشريك، وتم الرفض وفرض حارس قضائي على الشركة لحين الفصل أو التصفية وكان ذلك في 25/7/2018. وهذا ما اضطرني أن أدفع من مالي الخاص للخصوم لحين أنني وصلت إلى درجة العجز بالالتزام بسبب الإجراءات القانونية في المحاكم والجهات الحكومية والخاصة الأخرى، لتمكين الحارس القضائي من أداء عمله في الشركة. وقد تم رفع قضية شيكات مرتجعة عدد2 علينا بقيمة إجمالية للشيكين بمبلغ 41000 درهم. وقد حضرت للمحكمة وأعطيت مدة شهر للسداد أو تقديم صحيفة دفاع عن عدم قدرتي على دفع قيمة الشيكين المذكورين آنفاً. فارجوا المساعدة بكتابة صحيفة الدفاع ليتسنى لي تقديمها للمحكمة في تاريخ الجلسة القادمة.

How to draft a perfect termination letter

Q: Does the termination letter necessarily contain the reason why they are terminating an employee? Our termination letter does not include the main reason, it is just stating that "we made a decision to terminate you according to Article 120".

Checking a possible police case after leaving the UAE

Q: I was running a business in Dubai until 2016 after which I had a fallout with my partner and left. I`m now willing to come to Dubai but need to ensure there is no police case or complaint against me. How can I get that done? Can your law firm assist in this?

Prevailing provision in case of conflict regarding the notice period

Q: There it is an unlimited contract in a free zone. The main employment contract states that the employee should render not less than 30 days` notice. However, an addendum has also been signed by both parties stipulating that the employee should now render a notice for 3 months. In such a case, which document must be followed, the employment contract or addendum?

Forceful application of notice period beyond one month

Q: Hi Anita, Can the employer force the employee to render 3 months notice, even if the employee is willing to pay the visa fees and only render one month? Can the employer file absconding case against the employee for not taking 3 months notice?

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Obligations of developer toward the contracts and area of purchased units

Q: I have an issue with a real estate developer. In July 2018 I purchased 2 units, a studio and a 1 bedroom. The 2 instalments for both units have been paid to the developer`s account and NOT escrow account. Since signing the reservation forms, I was following up to receive the contract attested by Dubai Land Department. No one until now provided me with the contracts although I am following up for 6 months now. I also mentioned that there is a problem with the area of the 1-bedroom unit and they said it was already corrected verbally. No one from the Customer Service sent me a proof that the payment was wired to the escrow account for both units. To resolve the problem, I asked for a replacement of the 1-bedroom within the same budget which I purchased in the first place with bigger area in high floor, good view, with the escrow account. I asked them also to send me contracts within 2 weeks from my notice before raising the issue to legal parties. Please let me know if the action was right and what I should do next.

حق الزوجة بالحضانة والنفقة عن الطفل بعد الطلاق

س: أريد معرفة من له حق الحضانة بعد الطلاق بين مسلم وبريطانية، مع العلم أنني أنا من يتكفل بكل مصاريف ابني وحتى مصاريف البيت. يجب أن يعلم أن الأب مستهتر لا يقدر المسؤولية وأنه سجن إثر حادت سيارة بسبب الخمر.

Holding the EOSB of an employee by the bank upon changing jobs

Q: Hi, Good eve, Madam. I have a query regarding EOSB. I resigned from my previous company and my EOSB was held by the bank due to my existing loan until I can provide them with new documents for my current job. Let`s make things short. I provide them with a new visa and salary transfer letter addressed to the bank. Unfortunately, upon presenting all the documents, they informed me that the new company is not listed in the bank. Do the bank have the right to use my EOSB to adjust my remaining loan?

The right of the bank to freeze account and EOSB against a loan

Q: The bank had held my account 20 days in advance of my EOSB After I got my new visa and salary letter within the UAE. The bank had unfrozen the account but blocked the full amount of EOSB and asked me to provide a confirmation letter, which I feel is totally wrong. My loan amount is even half of my EOSB. Can I approach the banking court of the UAE about freezing the account and holding my EOSB?

Opening inheritance case in the court of personal status

Q: Madam, I work for a Dubai company. My friend/colleague expired in August 2018 while he was on duty in Dubai. What is the procedure for claiming the end of service benefits? His wife already got the Power of Attorney from India, attested by the Indian embassy. Kindly help to know the procedures to claim. She is planning to come to Dubai next month for processing this. Thanks & Regards

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Defaulting on the payment of bank dues and subsequent proceedings

Q: I have an auto loan, personal loan, and 3 credit cards in Dubai, all together sum to liability up to 75000. EMIs for all the above are not paid and defaulted for the last six months because of unemployment. Now, I am out of the UAE. I am planning to go back to the UAE by next week. I am afraid if there is any police case against my debts. If there is any police case, then what are the consequences and how can I resolve this, and how much would be the court fine if I get a chance to settle in court?

Outstanding dues must be settled before returning to the UAE

Q: My wife is currently in Canada and she has a loan and one credit card issue. How can I check whether she can travel or not? Should I apply online for a good conduct certificate? If she has a case, how to settle down so she will come back?

Enforcing a favorable judgement for labour entitlements

Q: Hello, How are you? I won my labour case on the date of 8 Jan. In the judgment, the company should give me AED 10,000. Today my boss called me and told me to take AED 3000 and cancel my employment visa. Otherwise, he will appeal to the court and reopen the case and take more than 1 year. So, I have a problem and better take the money, whatever he gives me. Can you tell me what do I do? My case was termination before finishing the contract. Thank you

Possibility of lifting a ban for old TB scars in the UAE

Q: Dear Maam, Good day! I am from the Philippines. I would like to seek legal advice regarding my situation. Last March 2015, I went to Dubai to look for a job and fortunately I was hired by one of the companies in Dubai but unluckily the result of my medical exam was unfit to work due to my lung scar. I was able to talk to the PRO of the company and ask him that if I can still apply for a new visa and he said YES. So I exited to Qesm, but before I exit to Qesm I did an iris scan. That bothers me because the passport doesn`t have a stamp of life banned. Since the PRO told me that it`s ok to apply for a new visa I resumed to exit Qesm and wait for my new visa. But what happened to me is a mess. The PRO told me on Viber that I was already banned in Dubai. Is there any remedy to lift my ban? I really want to go back to Dubai. I hope you can help me, Ma`am. God bless and more power.

Consequences of resignation during the probation period

Q: Hi, I am an employee in the probation period. The company is based in a free zone. I want to resign and apply to my own company based in Sharjah free zone. Can you tell me if I could be banned to apply for a visa to my own company? Can I resign without a notice period? What is the risk? Thanks in advance for your help.