Questions & Answers - Legal Advice Middle East

Paying the fees of expert appointment in the UAE courts

Q: Hi, I have a labour case in Sharjah Court against my employer. The judge said that my case has been transferred to the "expert service" in the last hearing and I have to pay AED 4000 for that. The next hearing date has been appointed on 25.11.18 and 25.12.18. I am kindly asking you to clarify: 1) What does it mean "labour case transferred to the expert service"? 2) Should I pay AED 4000 for "expert service" if it`s optional? As the secretary of the judge explained to me that I can ask the judge not to pay (I do not have money) or partial payment. 3) Can I refund the total amount of "expert service" fee, if I win the case? 4) Will the payment of "expert service" fee affect the court decision or end date?

Inspection of police records after defaulting on bank loan

Q: Hi Sir/Madam. Greetings! I would like to know about my friend details. He has worked in the UAE and got a ban from his employer due to breaking the contract, and he has a loan in ADCB bank. He has been paying properly until he left the UAE. After that, he didn`t pay due to job loss. Now, he wants to come back to the UAE and he wants to know if his bank submitted any legal case against him. Please guide me, how can we check whether he is having a case or not? Where can we know these details?

The penalty and clearance of a bounced rental cheque

Q: Good evening Sir, I have a rental cheque of amount 30k bounced by my landlord due to insufficient funds. I lost my job and had to come back to my country. Now, I have a new job opening in Dubai. When I checked the immigration system, it showed that I have a case against me for the same amount of AED 30k. How would I be able to come back to Dubai as they will stop me at the airport? I’ve got people saying that as per the new law, I will have to pay a fine up to AED 2000 for a bounced cheque of AED 50k. Is this true? How do I deal with this? Thanks so much in advance. Your legal help is really helpful for all the residents of the UAE.

Protecting rights while buying a property in Dubai

Q: I am a US citizen and would like to buy a property in Dubai, where do I start?

The liability to pay bank loans after termination from job

Q: I work for Etihad Airways. There are many terminations of jobs coming up and a lot of cabin crew members have loans. Is Etihad the guarantor of our loans if we are terminated- as Etihad is a government company? In the past, when a crew member used to leave, Etihad has assumed the debt. Is this still happening?

Calculation of the EOSB after changing the contract from limited to unlimited

Q: Hello Sir, I am working in a company for more than 5.5 years. The first 4 years, my contract was limited and now they changed it to unlimited. The company terminated my contract. How will the benefits be calculated and does the company need to pay 3 months` salary for termination? Please help.

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Liability of loan defaulter after the new bounced cheque regulation

Q: Hi, I want to know whether the new bounced cheques rule applies to the people who took a loan in 2015 and weren`t able to payback. If any criminal case was filed by the bank at that time, would it be withdrawn under the new rule or it would remain open. Please advise. Thanks

Clearing bank cases for loans and credit cards by paying the fine

Q: Hi Sir, I have a debt with a bank related to two bank loans and two credit cards. The debt total amount is around 300k. I am out of the UAE now and I want to pay and settle my case, but I don`t have the full amount. My friend told me I can transfer the case from police to court and will pay a fine, then I can come to Dubai and the bank won`t do a civil case below 100k. Is it true? Please guide me. I would like to finish this issue.

Employee's right to refuse to serve notice period after closing company

Q: My company which is under JLT free zone applied for the closing of their business there because they opened a company in the mainland. Before the final application of closing the company, I resigned from work (Please note that I am under a limited contract-free zone). My boss wants me to serve my notice period on their mainland company. Is it legal? Hoping to get an answer. Thank you so much.

Civil case by the bank after paying the fine in a criminal case

Q: Dear Sir/Madam Can a bank file a civil case after filing a criminal case? The criminal case has been lifted by paying fine at the police station. How long does it take for the bank to file a civil case after this? Am I still liable to pay to the bank after I have cleared my criminal case by paying the said fine?

التحقق من وجود حظر سفر للتخلف عن سداد فواتير شركة إتصالات

س: يوجد علي مبلغ مستحق من قبل شركة الاتصالات وقيمته 1500 درهم منذ تاريخ 2016، وأنا الآن خارج الإمارات. هل يحظر علي السفر إلى الإمارات؟ علماً أنه وصلني إنذار من شركة الاتصالات بانه تم إحالة ملفي لاتخاذ إجراء قانوني وحظر السفر، بينما الدولة -حسب علمي- تطبق حظر السفر لمن كان عليه ديون أكثر من 10 آلاف درهم.

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Settlement of credit card payments in a civil case by the bank

Q: The bank is saying they will go for a civil case after I came out of the criminal case for a credit card cheque bounce. I have no money to pay. Will I be jailed? I am willing to pay the outstanding amount & dues if the bank can make for me instalment plan without a downpayment. The cheque amount was 55,000. Now, the amount including fines and dues is 77,000.

Complaint to RERA for an unjustified commission fee of property purchase

Q: I wanted to buy a ready-made apartment as a resale, where the agent asked me for his 2% commission plus 1.5% SALES PROGRESSION FEE as his company`s different department is taking care of the smooth transaction. Btw, I never heard for this fee and I am buying the property for cash and not a mortgage. Obviously, the agent wants to make more money on the transaction by adding some non-sense fees that should have been included in the commission. Is there any way to complain to RERA?

Legal action against company for the non-payment of salary

Q: Dear Sir/Ma`am I need advice about what procedure I can follow in my situation. For over a year I’ve been working at my company. My employer delays our salary, and when he gives it`s only a partial amount, not a full month salary. He always promises he`ll give the balance on the next salary, but after that again he gives partial payment like 500, sometimes 1,000. He hasn`t given the salary for 2 months now, and yesterday Nov 11 2018, I asked for my balance salary from the previous month of Sept. and this month of Oct. Instead of giving me, he said I`ll not give the salary because there`s no money. This is my boss` drama every time we ask for the salary. Now I decided to stop work until I get paid. Any advice for me, because I don`t want to continue working with his company. Thank you

Forcing the tenant to pay the penalty for overcrowded apartment

Q: My tenant has been overcrowding the apartment and thus I have received 2 penalty fines from Trakhees. The tenant agrees to pay but he is not paying, and the contract is due to finish in a couple of days. How do I file a case against him to make him pay??

عزل المدير في الشركة ذات المسؤولية المحدودة

س: أريد أن أسأل سؤالاً لو سمحت. إذا كانت هناك شركة ذات مسؤولية محدودة بين ثلاث شركاء، هل يستطيع أي شريك من الشركاء إخراج أي موظف من الشركة من مدير مدراء أو مدير تنفيذ أو مدير صالة أو أي مدير آخر أو أي موظف آخر دون موافقة باقي الشركاء؟