Questions & Answers - Legal Advice Middle East

Proving the payment of rent to absconding real estate manager

Q: Dear Madam, I am staying in Dubai. I had a rent bounced cheque due to the account being closed. I paid the bounced cheque amount in cash to the manager but he is absconding now and without giving me the receipt. Now the rental agency has opened up a case against me in the police. I am going to meet their lawyer. Need your advice on the correct procedures to follow in this case. How can I settle this dispute?

What to do if you lose job and have a pending bank loan

Q: Dear Madam, I got terminated from my company & I have a bank loan around AED 75000. What do I have to do the next step? Please advise me (ASAP) Best regards

Settling bank loan and credit cards after leaving the UAE

Q: Hi Sir, I am looking forward to having a debt solution in the UAE. I am currently not in the UAE and I did not pay to the banks since August 2018. Otherwise, I had been paying since last three years. I have 5 credit cards & one personal loan. Can you please help me in this regard?

Checking records after rejecting police clearance certificate

Q: Hello, Around 2 years back, I was acquitted (found innocent) in a financial case in the Court of First Instance and Court of Appeal as well in Dubai. I received my passport back but I never went to the police station after that. I have changed visa and travelled without a problem. Recently, I applied for a Police Clearance Certificate and it was rejected. My brother went to the police station and they told him I have a file there. Now, I feel scared to go myself as I don`t know if it`s an old case I mentioned and I just need to clear it from the system or something new. Is this because I didn`t submit the judgement papers to the police station? Or more likely some new case? I am interested in hiring a lawyer to help me with this. Thank you

Resolving partnership and visa issues with partners

Q: Good evening, My wife is a partner with one healthcare group in Dubai since October 2017. During the proposal, she showed setup with staff, licenses...etc. After signing the MOA, she said that the GP and dentist are on sharing basis and all left after sometime. DED license is expired since February 2018 and DHA facility license expired since October 2018. Currently, no staff recruited; only one dentist working on sharing basis. They`re not able to provide investor visa as the sponsor blocked the clinic. We need your legal advice on this matter and how we can proceed legally against this healthcare group. We are three partners (me 10%, dentist 20%, healthcare group owner 70%).

Settlement of an outstanding loan with the bank

Q: Dear Madam, Just 2 days before I got termination from my company I am working at in the UAE since 24th Feb 2015, I took a personal loan from a bank. Now, the total outstanding including interest is AED 90000. Can you please advise me because I am jobless? I am working in a construction MEP company and it`s not easy to get another job. Best regards

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Liability of family members for the father's company debts

Q: My father and his partner own a technical services LLC company and they went into losses. I used to help them out to get some contract on their name to grow the business. I am having my visa of real estate manager, but now my father and his partners are in the home country and somehow people have started calling me for some payoffs and recovery. What can be the way out as legally I have no rights in the company?

The procedure and justification required to terminate an employee

Q: Is it legal for an employer to end a contract basically with the 2 months as per the labour law and not having solid reasons without going through the process of written warning in order to terminate an employee? Thank you.

Difference between non-renewal and termination of labour contract

Q: I`m on a limited contract with a company in Dubai, I have been working since Jan 2011. My current labour contract will expire on 21 Jan 19 & my residence visa will expire on 3 Feb 19. I have informed my company not to renew my contract on 30 Dec 18 & want to discontinue working. Now, they say that I need to provide 3 months` notice for non-renewal of contract and wanted me to work until 31 Mar 19. Can you please advise

Arbitrary deduction of salary by the employer

Q: The company has instructed a salary cut (around 10%) retrospectively. Further, the company has instructed that this salary cut would be effective even on terminated/resigned employees who have either served their notice period or are in the process of serving their notice period. Accordingly, this will impact the EOSB for terminated/resigned employees. Is this legal? Under which Act of the Labor Law, is this illegal? Please advise

Inquiring about police cases for defaulting on loan and credit card

Q: Good day! I would like to know how can I know if the finance company files a case against me! If I inquire at the nearest police station, is there a possibility that they can detain me if the finance company filed a case against me? I have a loan and a credit card, but unfortunately, I was not able to pay them for almost 11 months now due to financial problem. That`s why I want to know if they already filed a case against me and hope you can help me with this matter.

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Proving partnership in a company without a written proof

Q: A friend and I have started a business in Dubai about 2 years back and I paid my share of the capital and expenses on that basis we`d be 50/50 partners. The company was registered under an Emirati sponsor as per the local laws and regulations who holds 51% of the shares and my friend who holds the remaining 49%. We didn`t add my name to the application at the time thinking it would reduce the processing time. Till date, I have not seen any share or any profit on the grounds that we`re not making much of it. We have not signed any papers that can prove that I`m a partner in the business, but I have made 2 payments (about 90% of my total investment) through a bank transfer to the company`s bank account. To sell my share, would it suffice if I get him to sign on a paper that we are 50/50 partners and I contributed with X amount? Should it be done at a notary and have it legally attested? Or should I have him sign a paper that I gave him an X amount as a loan? Any other suggestions

Appealing a judgment of absconding and deportation

Q: I have deportation and AED 1000 fine because of absconding and overstay, but I`m still in the country (UAE). The court passed a judgement when I wasn`t in court and my passport is still in the appeal section in Dubai Courts. What can I do to resolve this problem because my husband wants to sponsor me and also my company has given me a paper to remove the absconding? I don`t know how I can clear it from the court so I can get my passport and go finish from immigration too.

رد الدعوى بناء على خطأ في الإنذار الموجه للمدعي

س: هل تفسخ القضية إذا كان هناك خطأ في الإنذار الموجه للمدعي؟

Variance in the carpet area between the SPA and design drawings

Q: I purchased an off-plan property in Dubai, UAE. Later I found that the covered area in the Sale and Purchase Agreement (SPA) for the off-plan apartment is 25% more than the area calculated from design drawings provided by the developer. I followed this with the developer for more than a year but they have refused to discuss until handover. I bought two apartments in the same building and both have the same issue. Seems this is a widespread issue and the developer is deliberately charging 20%-25% more to buyers. I launched a complaint with DLD but they verbally asked me to go to the court. Is this a fraud? Where should I launch my complaint?

Divorce proceedings and the right of custody

Q: If a married couple is filing for divorce and they have six children, what will happen to the children? The children are between 8-18 years old. My question is, who has the right to take them and take care of them?