Questions & Answers - Legal Advice Middle East

The impact of old TB scars on issuing a work visa

Q: Dear Mr ElKhatib, I am an assistant professor working currently in the United Kingdom. I suffered pulmonary TB 15 years ago (2003) and received all necessary medications. I have some scars in my right lung; however, I worked before in the USA, Germany, Japan, and other countries. Now, I have an offer from a university in Abu Dhabi but still worry about accepting it because I will resign from my job in the UK. Do these scars make me unfit? Is there any solution for this problem? Many thanks

قابلية الرجوع عن عقد تخصيص عقار

س: لو سمحت، والدي عنده أرض بعقار دورين بملكه الخاص. كتب لأخيه دور في العقار بعقد تخصيص دون إرث أو تمليك أو بيع. هل يجوز فسخ عقد التخصيص واسترداد عقاره؟

Resigning during probation in a limited contract

Q: I am on a limited contract and in the probation period. My UAE offer letter says one thing, and the company contract another, including that where there is any discrepancy, the UAE law will prevail. I want to resign within the probation period, giving as little notice as possible, as I don`t trust my employer. I don`t care about a ban, but I don`t want to be liable for any costs incurred. What is your advice? Thank you.

Cheque civil case pursuant to criminal case judgement

Q: Hello Hope you are well. I had a case with 2 company cheques of AED 400k combined. I was sentenced for a year, which I did an appeal and was fined with 35K AED as a fine. I paid and I left the country. Now, I have been served with a civil case and requested to attend the court on Monday. I can not be there now as I am outside the country but someone with a power of attorney will attend and request to postpone until I come. I want to ask if I can hire your services to move the case to the company and not me as I am an employee and not the owner and the bank account is not mine, I am just authorized to sign. I want to check if I will be stopped when I come to the country or none of that will happen until there is a verdict. Will there also be a travel ban? What are the next steps I should take?

The consequences of missing loan installments due to salary delays

Q: Dear Sir, I have credit cards and loan from 2 banks, almost AED 85k. Suddenly, my company is not able to pay the salaries & the last few months we are getting the salary after 50 days. I am managing my credit card by minimum payments but wouldn`t be able to make payment of AED 59k loan now (paid 8 instalments). Now, I am receiving calls from the banks. The banks where I took loans have my cheques. What will happen now if the banks present my cheques & bounced? It`s very difficult for me to settle.

Visa cancellation to take a job offer while having a labour case

Q: I was terminated from my service after 21 years. My end of service dues have not been paid to me, hence I filed a labour case and it is in Dubai court. I have got a new unlimited job offer. I want to take up the offer cancelling my existing labour contract and residence visa. What to do?

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Designation in the company and granting a POA

Q: The question is connected with an LLC company from Dubai. I am the only employee. I am not sure if I can use Director titles for people not listed on the company organization chart (not employed). I need to sign an agreement with 2 signatories on our side. The second signatory is a contractor from abroad (contracted through a Polish/European entity). Can I give him a Power Of Attorney, so based on Dubai law - can he sign documents on behalf of the LLC? Which title can we use for him as a person which has a Power of Attorney from LLC or me: Managing Director OR Account Manager? Can we create a power of attorney only in English? Is it mandatory to use Arabic?

Claiming entitlements from employer after receiving final settlement

Q: Hi, We have a previous employee who was terminated last February, and he received his final settlement and his visa expired in April. Then our previous manager renewed his visa in May for some personal agreement. He didn`t report to work from May to July, and by the end of July, he filed a case while the previous manager was outside the country. He is asking for 3 months` salary & 3 months` arbitrary compensation. What can our company do?

Eviction of tenant on grounds of non-payment of rent

Q: Hi I am a Landlord; the tenant has not paid rent for 4 months and he is refusing to leave. The tenant says he was never given a contract nor Ejari and the tenant gave me a cheque which was not valid due to the account being closed. He was supposed to bring a new chequebook but never did. I opened a case regarding bounced cheque and a notice of eviction last month but the tenant never left the house. My question is, can I bring the case to the court even if I never issued an Ejari nor a legal contract? Kindly advise because I don’t know what to do at this point. Thanks in advance

القيادة تحت تأثير الكحول وعقوبتها

س: كنت في دبي أوصل صديقي إلى منزله الساعة الثانية بعد منتصف الليل الأسبوع الماضي بالسيارة. كنا شربنا بعض الكحول واصطدمت بسيارة مركونة عندما كنت أرجع للوراء. لم أجد أحد، وإذا اتصلت بالشرطة سأذهب إلى السجن بالطبع، فذهبت ولم أفعل شيء. ولكن اتصل بي أمس ضابط وطلب مني الذهاب إلى الشرطة بسبب الصدم والهروب. لا أعرف ماذا سيحصل الآن وإذا كنت سأذهب إلى السجن. أرجو المساعدة.

The way of obtaining a police clearance certificate

Q: I need to get police clearance. What`s the best way to expedite?

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Residency visa expiry while out of the country

Q: My wife is pregnant, we left the UAE for vacation and now I know that she can`t travel back due to some pregnancy complication and her visa expires on Jan 2019. She is on husband visa. She wants to come after delivery. Please advise us, we are stuck now.

The tenant's right to refuse or accept leaving upon selling apartment

Q: Dear All, I am renting an apartment in Dubai which is about to be sold to a new owner. He wants to move in himself before the end of the rental contract. According to the agent organizing the transaction, the new owner will issue me a notice soon and then ask me to vacate the apartment. What are my rights in order to: - Stay in the apartment until the end of the contract? - Obtain compensation from the new owner if I vacate months earlier than the lease end? Thank you very much in advance.

Adding customers to a Whatsapp group by a restaurant

Q: A company (cafe/restaurant) that I have ordered from via a delivery app on occasions, just created a Whatsapp group including 200+ of its customers` private telephone numbers including mine. I left the group quickly but my number can still be viewed by all those people. One even tried sending me a message before I blocked them. They should not have shared my telephone number with all those people I do not know!

مسؤولية الموقع على الشيك باسم الشركة

س: سؤال بعد إذنكم هناك شيك بقيمة ١٣ ألف درهم باسم الشركة وتم بيعها، هل الشركة مسؤولة أم أنا؟

Labour dispute for the non-payment of EOSB and salaries

Q: I am working in DMCC. My company is not paying my correct end of service nor unclaimed leave salary nor notice period. Also, they deducted 2000 per month for 7 months saying it`s cost-cutting which I never accepted, and they said they will compensate later. Which court do I need to approach if mediation there fails and what are my rights? Is the mediation not able to tell that too there?