Questions & Answers - Legal Advice Middle East

تقديم شيكات بدل إيجار بعد إنهاء العقد قبل أوانه

س: قمت بإنهاء خدماتي في الإمارات وقمت بإخلاء البيت المستأجر وفق القانون وحصلت براءة ذمة من المؤجر كوني لم أكمل العقد وعملت تسويه مالية معهم وحصلت على براءة ذمة من البلديه والكهرباء. وعند طلبي الشيكات التي بحوزتهم أخبروني أنها مع المحاسب وأنه غير موجود، وكان موعد السفر في اليوم الثاني فلم أتمكن من استرجاع الشيكات. أخبروني عبر الهاتف أن لا أقلق وأنهم سوف يتلفوها. وبعد مغادرتي بنحو شهر وعن طريق الصدفة، اكتشفت أنهم أرسلوا شيك إلى البنك لصرفه وأصبح كأنه شيك مرتجع. أرجو نصحي ما الحل، خصوصاً وجودي خارج الدولة يصعب الاتصال معهم وأخشى وجود اسمي في المطار. فهل هذا يعتبر خيانة أمانه من طرفهم بهذا التصرف؟ وشكراً

Consequences of a criminal case filed by the bank

Q: I have a case filed against me by the bank last month end for failing to pay 2 EMIs. I have been unemployed since April 2017 and have managed to pay my EMIs from the settlement I received from my previous company and some other EMIs by borrowing money from friends and families. I have not been able to find suitable employment during this time and I have AED 52000 to pay the bank (the original amount being AED 254,000). Please advise on the next possible actions.

Criminal case by the bank for defaulting on EMI's of a loan

Q: I have a case filed against me by the bank last month end for failing to pay 2 EMIs. I have been unemployed since April 2017 and have managed to pay my EMIs from the settlement I received from my previous company and some other EMIs by borrowing money from friends and families. I haven`t been able to find suitable employment during this time and I have AED 52000 to pay the bank (the original amount being AED 254,000). Please advise.

Claiming pending salary and EOS benefits after visa cancellation

Q: I want to know what are chances to get my pending salary and EOS benefits. I was working in a company based in JAFZA. The company was delaying the salary 2-3 months. I started searching for a job and found a new one in DOHA-Qatar. I properly handed over and resigned. They told me that the company doesn’t have money and they asked me to leave and join the new company without cancelling my visa. They promised me that they will transfer my pending salary and EOS benefits once the company has money. Later they refused to give me after sending many follow up emails. They cancelled my visa by saying I didn`t come back form vacation.

التأمين لا يخلي مسؤولية المتعثر بسداد قرض تجاه البنك

س: السلام عليكم ورحمة الله وبركاته. عندي سؤالان شخص أخذ قرض من بنك إسلامي بالإمارات ثم بعد فترة تم فصله من العمل. بقي يبحث عن عمل شهرين فلم يجد ثم غادر إلى بلاده. هل التأمين يتكفل بباقي الأقساط أو هو متابع بباقي الأقساط؟ وشخص آخر أخذ قرض من بنك إسلامي بالإمارات. وبعد فترة أخذ إجازة دورية فحصلت معه ظروف في بلاده منعته من الرجوع إلى عمله وسداد باقي القرض. فهل التأمين يغطي باقي القرض أو هو متابع بسداد الباقي؟

Filing a civil case for cheque bounce to recover dues

Q: My gratuity cheque bounced and I made a complaint to the police, but the person paid a fine and I did not get my money. What should I do? And if I have to make a civil case, how much it will cost?

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Checking status for travel ban or blacklist in the UAE

Q: Hi, I am living in the UAE. I helped two guys with a touristic visa 3 years ago and they ran away when their visa finished. The agent blacklisted them and threatened to report me to the police. Please, I want to know if there`s any police case against me because I don`t want to be detained at the airport when I am about to exit.

Liability toward the unpaid debts of the father

Q: To whom this may concern, I returned back to Australia after 10 years in Abu Dhabi in 2015. As I turn 18 this year in November, I plan on visiting friends who are in the UAE for about a month. I would like to travel with them around the country freely without any prosecution from local officials. My father had to leave the UAE in 2016 for health reasons and has unpaid debts in the UAE, Abu Dhabi specifically. I would like to know and have it in writing if I would be able to travel freely to the UAE at the end of the year and that I am not liable for my parents` debts/problems as I have no legal responsibilities for their actions. Kind regards.

Defaulting on credit card payment and subsequent civil case

Q: Dear Sir I am a Dubai resident. Last month, Mashreq filed a criminal case against me for credit card cheque bounce of AED 60000. I paid the fine and got released from the police station. Now, they called me again and said they are going to file a civil case against me. If they file a civil case, will there be any immediate travel ban? Also, advise if the police can arrest me on the basis of this civil case immediately.

The procedure for filing a civil case based on a criminal case

Q: Hi. Can someone advise me if the civil case can be filed directly in the court by the victim OR hiring a legal firm is mandatory? The criminal case has already been filed and the investigation is underway. Thanks.

Application of article 120 in case of a mistake by the employee

Q: Hi. I am working as an engineer. I am preparing BOQ for the project and I will forward it to my manager for verification and he will make a final quotation and send it to the customer. Unfortunately, I did a small mistake while making the BOQ in the Tender Stage Project and forwarded it to my manager for further procedure. He has not noticed also the mistake. After a couple of months, the main contractor called for a final discussion. That time we cross-checked the BOQ again and I found this mistake. I informed my manager that we missed this quantity which will increase the project cost, so we won`t be able to meet their target. He shouted at me because we lost this project. I will take the necessary action. I just want to know if Article 120 is applicable to this issue. Please advise.

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Claiming a refundable deposit from real estate company

Q: Hi I was looking at a property in Dubai and decided to go ahead with it. They asked for a refundable deposit of AED 14k which they charged on my card and then after checking the place out, I decided not to go ahead with the purchase. Within 3 days of the 7 day period within which I could cancel and get a refund. I had sent a formal refund application and they replied back saying its acknowledged and they would process it. They said banks are closed for the national day and hence would do it a few days later in the first week of December 2018. We are now midway in January 2019 and they still have not paid me back. Can you please help me out here? Thanks

شكوى عمالية على صاحب العمل لعدم دفع الرواتب

س: المؤسسة التي أعمل بها تقع في منطقة حرة (تيكوم)، لم نستلم رواتبنا منذ أكثر من ستة أشهر! بانتظار وعود مستمرة بالدفع. ما الإجراء القانوني الممكن اتباعه؟ وهل الشكوى الجماعية أفضل من الفردية في هكذا حالات؟

Claiming maintenance for wife and child from husband

Q: Both my husband and I are Indian - Keralite Roman Catholic staying in Dubai. I have been a victim of emotional and financial domestic abuse from my husband and my in-laws over dowry. Where do I stand legally in this matter? A year ago, my husband abandoned me and my child in my parents` place and went to Australia. He does not want to communicate with me despite my efforts of trying to contact him and remains hostile towards me. Where do I stand legally? Mine and my child’s maintenance has always been provided for by my parents and self-finance (I am working too) because of my husband’s bank loans and job loss in Dubai. Now he found employment in Australia but he does not want to provide maintenance for me and my child. Additionally, he demands that I pay for his business class tickets if I want him to come to Dubai to keep my UAE visa. Can I claim for maintenance from my husband without a divorce In this regard?

Legal assistance in releasing a person arrested for a civil case

Q: I`m looking for an attorney in a civil case. My brother (citizen of European Union) was arrested on 21st of October 2018 for unauthorised border crossing on the border of the UAE and Oman. He was convicted for one month in Ras al Khaimah jail. During this period we got the information, that he has a financial case in the court of Dubai and can not forsake this country. Almost three months have passed, but he is still in jail and we can`t get any more information. Could you make some more comments on what could be the possible actions in this case and advise on a lawyer who could take the case? I will be looking forward to receiving an answer.

الإجراءات التي يمكن للبنك اتخاذها عند العجز عن سداد بطاقة ائتمانية

س: السلام عليكم تم إنهاء عقد عملي وإلغاء إقامتي في الإمارات ويوجد علي مبالغ على البطاقة الائتمانية أعجز عن سدادها حالياً لأسباب خارجة عن إرادتي، وقد أبلغت البنك بذلك. هل يستطيع البنك اتخاذ أي إجراء ضدي علماً بأنني كنت أعمل لدى جهة حكومية وعند إنهاء عقدي لم يصرف لي أي مستحقات لأني لم أكمل سنة. مع الشكر