Questions & Answers - Legal Advice Middle East

Gratuity payment and labour entitlements after termination

Q: Good day! Hope all is well. "As our current projects are put on hold and given the current status of our company right now, we are requesting your patience and understanding that we need to extend your vacation. We will notify you for any new projects if needed your presence. This is also to inform you that we had cancelled your flight ticket." Sir, this is the letter from the company to my husband. Then, they are not allowing my husband to work. Can they pay gratuity? He`s working for almost 5 years in this company.

Settlement of credit card overdues to avoid legal action

Q: Hi, My name is M., and I want to settle my credit card. I am in bad credit, what is the way?

Checking for travel ban after leaving the UAE without proper cancellation

Q: Hello, I hope you can help me. I was hired by Emirates Airlines as a cabin crew in 2004. 5 months later I had to leave Dubai urgently for family reasons. I did not advise my manager and never came back. I plan to come to Dubai soon with my family. Can you tell me if I could be blocked at the airport or have some problems? Thank you for your help. Kind regards

Claiming the end of service benefits from the previous employer

Q: Hi. I resigned from a company 8 months back but I didn`t get my settlement and pending salary, and I was asked to sign the settlement paper for visa cancellation. Since I was about to join another company, I signed the paper and wrote an email to the HR saying that I`m yet to get my settlement when I left the company. It`s been 8 months and I registered a complaint against them. They are saying that they will put a criminal against me saying that I stole materials and I used to get commission from suppliers and subcontractors, which is not true. From my side, I have two disputes even though I have not got any money from anybody and I have not stolen as claimed by them. 1. I was planning to start a business with one of my subcontractors and I abandoned that plan. My company is aware of that. 2. I accepted one of my subcontractor`s invoice bill before the LPO was issued to them as instructed by my project manager.

Can the developer withhold the SPA until the payment of DLD fees?

Q: When buying an off-plan property from a developer, does the SPA have to be reviewed, agreed and signed by both the buyer and the developer representative before paying the DLD + Oqood? Is there a local estate law or clause requesting DLD + Oqood should be paid before the SPA is released from the developer to the buyer? I am seeking this advice because the developer is asking for DLD + Oqood to be paid before the SPA is released despite having paid the initial deposit of 5% as per the Sales Offer schedule. Thank you.

Labour claim for dues and counter claim by the employer

Q: Hi Hari, I am currently working in Abu Dhabi. I had an employment contract with a Dubai company and It has been more than 8 months so far since I resigned. I signed the settlement paper even though my settlement was not made. But I have a mail stating that I am signing this paper for cancellation and still yet to receive my dues. I registered a complaint against my old employer and they are telling me that they will file a criminal case stating that I stole materials, I got a commission from suppliers and subcontractors, which is not true. Please advise.

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Consequences of defaulting on a bank loan due to losing job

Q: I have just filed a labour case against my employer where he owes me wages for an amount of over AED 1 million. At the same time, I`m unable to work anywhere else because my UAE residence visa has not been cancelled by the employer and he is not present in the country. His UAE visa would get cancelled automatically by this month end in case he does not enter the UAE which will be the 180 days expiry deadline. In that case, my visa also automatically gets canceled. I have my own dues to pay to the banks which I cannot pay due to unpaid wages, and they are planning to file civil/police cases against me. If the labor case judgment is in my favor, can I use this judgment for the banks so as to explain them the reason for nonpayment or delayed payment or in the court if they file a civil case against me? Can this help in negotiating with the bank for a partial or even full waiver or get a restructure with less interest rate spread over several months?

Cancellation of visa after leaving the UAE on emergency

Q: Hi, Greetings, Ma`am, I am working for a free zone company as a sales executive. Due to my medical condition, I informed my company and had to come on an emergency to my country. After leaving the country, I met the doctor and he said it will take more than 4 months to recover after physiotherapy sessions. In the meantime, I called up my company and informed them about my medical condition and told them to cancel the visa, as I don`t want to work anymore and instead I want to start a business in the UAE after my recovery. The main concern now is the company does not want to cancel my visa and also harassing me. They will put on me some kind of legal case. Please advise, how can I move forward. I want to cancel my visa and start my own business in the UAE. Thanks and regards

Checking criminal records in the UAE for accusation of theft

Q: My husband cancelled my residence visa due to some misunderstanding between us. He wants a divorce. Two months before, my husband sent me back to India. Last week only he cancelled my visa. I found it through his mail ID. My passport is in my in-laws` custody. My husband says there is a theft case registered against me in the UAE and I am blacklisted. I am really scared. He says I cannot visit the UAE again. I need to know if I am blacklisted. How can my husband cancel my visa? Please help.

Civil case by bank for defaulting on credit card payments

Q: I had some credit card financial issue and I couldn`t pay. The bank put a police case and I paid a fine and finished the case. After some months with different collection people from the bank calling me and coming 2-3 times directly to my office, they told me they will file a civil case for the total dues of 30K. What is the solution for finishing all this?

Checking a travel ban in the UAE and GCC

Q: How to check if there is any travel ban and if the travel ban is imposed in GCC?

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Getting a new employment visa after leaving without cancellation

Q: Hello Sir, I was working for a free zone based company in Dubai for 2 years and 6 months. Then I went on vacation in 2017 March (my visa expired in Oct 2017) and I didn`t come back to the UAE. Sir, now I came to the UAE on a visit visa. Is it possible to get a new employment visa or there`s a ban on the new employment visa?

Visit visa rejection for security reasons

Q: Hello Sherif! I am from Pakistan. I applied for a UAE visit visa 3 times and got rejected. The reason stated was `Security Reasons`. Can you help me out here?

الاتفاق على الزيادة السنوية في عقود الإيجار لغايات السكن

س: السلام عليكم عندي مستأجر عقدة من شهر ٩/١٩٩٦. كيف أحسب الزيادات القانونية التي تتوجب عليه، علماً أنه لم يدفعها حتى يومنا هذا؟

Compensation towards resignation during probation period

Q: After I filed my resignation under probation period (I`m under free zone company), my employer said that I need to pay AED 10,000 and leave Dubai immediately after visa cancellation is processed. Can someone please advise me what to do?

Actions against false charges of Etisalat utility bills

Q: Hi I have a due amount of Etisalat post-paid bill of AED 300 for the month of March. I went to India for some urgent work. When I came after 30 days, the bill was AED 600. They charge me some services also. I asked them to cancel the connection, and they said it will be a charge of AED 150. I was not under any contract. They didn`t inform me and stopped my incoming and outgoing, and continued to charge me every month and the bill became 1600 till today. I filed a complaint in Etisalat also that I want to settle down the bill, but I will only pay for the amount which I had used. I will not pay for the additional charges they are putting illegally. Now, I received a call from Tashil and a message that my credit score rating is being impacted. I told them I want to pay but for the amount which I used, not any kind of false charges. What effects can it make on my credit bureau as it`s almost 15 days and I didn`t receive any single follow up from Etisalat? Actions