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UAE

Possibility of resigning and returning to home country upon visa expiry

Q: My visa is expiring in a few days. Can I resign now and go back to my country? Or do I have to renew my visa and then resign?
Questions & Answers
UAE

Enforcement of contracts and scope of non-disclosure agreements

Q: How do the laws of the UAE affect an NDA with one company in California, USA and the second party based in the UAE? Does the UAE have proper enforcement for the parties to ensure proper guidelines? Please advise.
Questions & Answers
UAE

The legal action following criminal cases for a bounced cheque

Q: I had given an amount of AED 250K to a finance person in Dubai. I never received a profit. I went to the police and registered a case. I only deposited the first cheque of 150K. Lately, I found out that the person came out of the court after paying a fine. I don`t know what to do as I have not received anything and still have a 100K cheque with me.
Questions & Answers
UAE

Termination of limited contract and non-payment of entitlements

Q: My company terminated me after 11 months (limited contract). In the offer letter, salary is 2000+1000 (allowance)=3000/month. In the employment contract, salary is 1000+800(allowance) =1800/months. Now, I put a case on my company because they did not give my 2 months` pending salary and commutations. My company said we paid more salary as per the employment contract, so if you go to court you will pay an extra salary to the company back. When I was in India, they sent me only the last page of the contract to sign, still, they did not give me any contract copy. So I don`t know about this salary difference. Now In the court, they will tell I`ve taken a salary in advance. What do I do? Please help me
Questions & Answers
UAE

Extension of visa till the end of academic year upon termination

Q: Hello Mr Naser, I am on an unlimited term contract that started on April 8th and I have been terminated with a 3-month notice period that ends on December 11th. According to my line manager, my probationary period was already completed. Having not found a new job as yet, I asked the company HR if I could keep the visas for just another month and they flatly declined, stating that according to their policies they cannot. I have given few interviews and been waiting for responses. Since this is the Christmas season where all expatriates mostly leave to their homelands, getting a response during this time is very slim and hence I had asked for the 1-month extension. My family consists of my wife, I and 2 kids who are going to school. Doesn`t the UAE labour law stipulate any regulations for the person that is terminated and have school going kids who are just in their 1st term of the academic year? Please advise if there is anything I can do legally or not. Thank you!
Questions & Answers
UAE

Expat divorce procedures and applicable law in the UAE

Q: Indian couple married under Hindu Marriage Act, living in Dubai, seek divorce in the UAE.
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Jordan

إنهاء خدمات موظف واتهامه بإساءة الأمانة

س: مدير مالي تم إنهاء خدماته خلال دقائق ويوجد شهود على ذلك ومعه كتاب إنهاء خدمات غير مسبب ولم يطلب منه تسليم الخلف. قام المدير العام (مالك الشركة) بالاستلام منه مباشرة لمكتبه ومفاتيحه وكل ما يحتويه المكتب من مستندات ودفاتر شيكات وشيكات للعملاء ولم يأخذ المدير المالي حتى أغراضه الشخصية. وبعد 4 شهور اتهمه بإساءة الأمانة المشددة عند علمه بأن المدير المالي على وشك كسب قضية الفصل التعسفي ولدفع هذه التهمة كان يجب أن يحتفظ بمستندات معتمدة من المدير العام نفسه مقابل ما اتهم به من قيامه بتحويلات بنكية غير معتمدة وهو ينكر. فهل تقبل الدعوى المقامة ضد المدير المالي وما مدى قوتها أو ضعفها؟ علماً بأنه يطلع على الحسابات البنكية موضوع الدعوى يومياً ويمكن الحصول من البنك قضائياً بكشف يعزز دخوله وخروجه من الحسابات البنكية. وشكراً
Questions & Answers
UAE

Claiming EOSB after termination and wrongful absconding case

Q: I have been working for an employer for more than 14 years. Now, they have terminated me, and the notice period has completed. Due to harassment, I left to India and the next day emailed them that I have left. They are not willing to pay my settlement and dues. Instead, they sent me an email that they are filing a case against me for absconding and not being present there for auditing. I am sure to win the case they will play dirty games.
Questions & Answers
UAE

Liquidation of a company for maneuvering of the managing partner

Q: My name is W. S., I am a partner in a hospitality services company with 33% in Dubai. By delaying the operation, The managing partner is exhausting the capital of the company and driving the company to bankruptcy aiming to take it for himself. I sent him a timely legal notice to close the company and he did not react. I would like to know the cost of placing a lawsuit for “liquidation, compensation and refund of the paid amount in the company capital plus the interest“ against him along with the lawyer professional fees for this matter. I would like to be connected with a lawyer who is experienced in similar cases and who can handle this case.
Questions & Answers
UAE

Unlawful demand of fees post resignation during probation

Q: Hi dear, I have worked for a free zone company for almost 3 months and now that I have resigned, they are putting pressure on me that I must pay the recruitment fees before they cancel my visa. What to do, please???
Questions & Answers
UAE

Legal investigation and representation of an arrested person

Q: Dear Sirs, I am writing to ask for your kind advice and assistance to help our brother, Artur Ligeska, a Polish citizen who is detained in prison in Al Sadr. He is terminated since October in terrific conditions and he does not even know what are the accusations. He has been already twice in a court, however, the given public defender has never appeared. What is more, the case was in Arabic without an interpreter. Artur was given some documents to write under pressure without translations. Polish Embassy in the UAE, as well as Polish Ministry of Foreign Affairs, has already risen questions to the legal authority to get an access to case files and find out why is he terminated, however without any results. Could you please investigate the case and help our brother to get out of this prison. We are looking forward to your answer. With regards Mariusz Ligeska
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Questions & Answers
UAE

Appeal against a labour court judgement

Q: I had employed 4 employees who wrongfully filed a case against me in the court for unpaid salaries and gratuities. Due to my negligence, the court has rewarded each of them a certain amount of money. Is it possible to appeal these cases as I have a proof which can be used effectively if given another chance?
Questions & Answers
Jordan

Creditor's rights to claim a debt from the assets of the deceased

Q: Hello Mr Mesk, I would like to know if a Declaration of Heirs can be stopped before the sharing out of the inheritance by introducing a debt that the deceased had. The jurisdiction to claim the debt would be Jordan (Amman), though the debt was produced in Spain and it is already recognised by the Spanish court and laws. There is even a seizure order/sequestration order. Thank you for your attention.
Questions & Answers
UAE

Lifting a labour ban applied for resigning during probation

Q: Hello, I am Digith Edachana, I was working in the UAE (Fujairah). When I was getting the visa, I joined another company in Oman. I had resigned from the Fujairah company, but the visa was not cancelled. My plan was to go back to Fujairah after joining in Oman, to proceed with the visa cancellation and job settlement. But when Fujairah people came to know that I joined in Oman, they put a travel ban on me. Is it possible to revoke the ban, as I have to travel to the UAE to meet customers? Please reply. Thank you, Digith Edachana
Questions & Answers
UAE

Termination of sale and purchase agreement for breach by developer

Q: I am in a situation where I have purchased a property and paid Oqood and DLD last year Feb 2017. The agreement was supposed to be ready by the 2nd quarter of 2018. However, without communicating the developer says it will be ready by the 2nd quarter of 2019. I found this is on his site. I have paid 30% of my payment by Feb 2018, and now a situation like job issues are going on. I need to cancel my unit. What are the options? please let me know. I think after December, my contract is not going to be renewed. So I`m in a big problem. Please help me
Questions & Answers
UAE

Cancellation of visa at immigration by a court order

Q: Please be advised that I have had a labour case in the labour court. After having finished and judgement issued, I withdrew my case from court and went to the labour department for visa cancellation. They approved my application and cancelled the same and told me to go to immigration. In immigration, they want my previous employer to be there to cancel the same, but I have no contact with him nor with the company PRO. Meanwhile, a company wants to hire me and issued me an offer letter. Please advise what to do in this case.