Questions & Answers - Legal Advice Middle East

Attestation of documents to apply for a visa

Q: Hi, I want to know about some authorized personnel in Dubai who can attest a "Declaration By Witness (wedding)" document which is required for my sister in law visa application for Australia.

Entitlements of an employee residing outside the UAE upon resignation

Q: I am an offshore diver paid a local monthly salary WPS, and I am now resigning after 4 years. I asked the company PRO about EOSB, he said that as my rota was 2 months in Abu Dhabi followed by 2 months in Spain so I was then not entitled to EOSB. He said this was for employees who were in the UAE for 11 months a year. I am also paid an extra daily rate to my bank in Spain. Can you advise, please?

Legal notice calculation as per the employment contract

Q: If the contract says 60 days notice period, does this mean two months? Does it mean that the weekends/holidays are included?

المنع من السفر بسبب شيك بدون رصيد

س: السلام عليكم. عندي دين بقيمة ١٣٠٠٠٠ درهم لشخص قمت بإصدار شيك له بالمبلغ وذهب للبنك ولم يكن هناك رصيد كافٍ، فأخذ الإجراء القانوني في حقي وحكم علي شهر بالسجن. وتفاجأت بانه تم منعي من السفر وأنا ما زلت أقضي فترة الجزاء. هل يجوز له ذلك بمنعي من السفر؟

هل يؤدي عدم دفع فاتورة الهاتف المتحرك للمنع من السفر؟

س: السلام عليكم. هل فاتورة الهاتف المتحرك تمنع من السفر فى حال التوجه لقضاء الإجازة السنوية وليس المغادرة؟ ولكم جزيل الشكر والامتنان

What to expect in a police case due to loan default

Q: Hi, I took a loan from a UAE Bank for AED 450,000, I now have AED 230,000 of the loan outstanding. Due to delay in my salary, I missed 3 instalments and the bank deposited my security cheque for 600,000 AED and it bounced. My bank filed a case with the police 10 days ago. I went to issue a visa for my daughter and was informed that I can not complete the application as I have a police case for bounced cheque 10 days ago against me in Qusais Police Station. I am trying to get refinance from my bank, assuming the refinance doesn`t go ahead, kindly advise: 1- When would it be likely to get called to the police station (how many days typically after a case is filed). 2- When called the first time, am I likely to spend time jailed in a police station or can I walk out the same day if I surrender my passport. 3- Will a fine be imposed? 4- If this goes to court, what is the likely sentence? 5- Is my liability to the bank AED 600,000 or 230,000 AED? I intend to pay in full over 2 years

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Negotiating with the banks for restructuring payment plans

Q: I am a British man who lived in Dubai for 13 years and had a successful career in senior director roles. However, in Jan, I was made redundant from my last job and at the same time, my divorce was finalized at the Dubai Courts. My ex-wife was awarded a large sum, back payments from when divorce was filed in 2016, monthly maintenance for our child...etc. As I was unable to pay this in one sum, my ex-wife court ordered all my money and blocked me from leaving Dubai. As I was redundant, I was unable to cancel work visa and get a new job. With no monies and no way to pay my liabilities for the bank loan and credit cards, I was stranded. In July, we settled and my travel ban was lifted before the banks moved in. I now have an opportunity to return to Dubai but I need to negotiate with the financial institutions and other parties to ensure safe passage back. I need legal advice on how to do this, what steps need to be taken and I need payment plans to be set after starting a new role.

Claiming unpaid salaries and entitlements from absconding employer

Q: Hi I filed a case in the labour office for non-payment of salary for the last 3 months, but when the labour office tries to call my employer on his mobile it is switched off. At the same time, the company trade license had expired already and the employer doesn`t want to renew it. He wants to shut down the business. In this case, is there any hope that I will get my salary? Can the labour office help me to get all my settlement? Advise me, please.

مدة مرور الزمن على دعوى شيك بدون رصيد

س: السلام عليكم و رحمة الله و بركاته،، تم ارتجاع الشيك لسبب عدم كفاية الرصيد و تم استلام الشيك من البنك لأخذ الإجراءات القانونية اللازمة و كان الحدث بتاريخ يونيو 2016. ومنذ ذلك الوقت لم يتم تقديم بلاغ للشرطة أو النيابة ولا حتى المحكمة المدنية. حتى تاريخة لم يمضِ على ارتجاع الشيك مدة سنتين و هي المدة المحددة بالمادة 638 من قانون المعاملات التجارية. وسؤالي هو التالي و ذو شقين: 1- هل يمكن البدء بالإجراءات الجزائية أم علينا البدء بالإجراءات المدنية؟ 1- وبشكل عام هل تسري مدة التقادم المحددة بالمادة أعلاه على الشيك من تاريخ ارتجاع الشيك أم يتم اعتماد آلية أخرى للتعامل مع الشيكات؟ لكم جزيل الشكر

The basis of paying the 4% fee for property registration

Q: I am an Emirati national and I have a unit in a building owned by a developer in Abu Dhabi; I have purchased it approximately three years ago. On 2 Oct 2018, I got an email from the developer that I need to pay 4% of the original purchase price to the municipality to get the unit registered under my name (title deed). This 4% needs to be paid by November. I purchased the apartment at approximately 1.3 million, however, the original price of the apartment was 2.2 million and they are charging the 4% based on that. I have also paid a 2% transfer fee when I purchased the apartment. What I`m saying is they expect me to come up with AED 86000 in one month or I would start getting fined. I don`t think I have to pay anything. I`ve been to the municipality and their attitude was that someone must pay whether it is the developer or the unit owner, regardless of the circumstances.

Right to claim damages for terminating a service contract

Q: I am just wondering, one of my clients has cancelled the awarded contract before the execution of the contract according to the termination clause which states that the contract can be cancelled by giving a 5 days` notice. However, we have spent reasonable time and resources for the execution of services since the award of the contract. Do we have any legal ground to ask for partial compensation?

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Obtaining a clearance letter for defaulting on a bank loan

Q: Hello, I am currently in India and I have already received the release letter from the bank for the outstanding loan, but when I check online from India on Dubai police website it is still showing that I have bounced cheque on my name. I am planning to travel and want to make sure if there will be any problem and how it will be cleared. The bank informed me that I need to get a clearance done from the court and take that to the police station to get the case released.

أتعاب المحامي ورسوم القضايا العمالية

س: أسعد الله أوقاتكم و يعطيكم ألف عافية. سؤالي للإخوة المحامين المختصين. كم تبلغ تكلفة الاستعانة بمحامي لقضية عمالية؟ الحكم الأول صدر بالتأييد و الآن في مرحلة الاستئناف. ولكن مع اضطراري للسفر والعمل في الخارج، أحتاج لمن يتابعها في مرحلة الاستئناف ومن ثم التنفيذ إذا كان ثمة ضرورة لذلك. شكراً جزيلاً و دمتم

Travel ban check for delay in the payments of credit cards and loan

Q: I have four credit cards. ADCB-2 HSBC-1 and FGB-1 and a loan. ADCB credit card and loan, I`m paying without any delay, but HSBC & FGB I paid last month after collection dept. calls. My question is, next month I`m going on a vacation. Will someone stops me at the airport immigration? Please, I need your advice.

Settlement of a bounced cheque for defaulting on a bank loan

Q: Naser, Salaam alaikum We want to file a case against X related to a bank issue in Ajman. We are submitting the relevant proof/documents like memorandum, emails...etc. They will be translated into Arabic, legal translation. The case also involves bank statements that show that we paid as proof. My question: Do we need to do the legal translation of all 24 pages of bank statements in Arabic? They are given by the bank in English and exported as PDF from the bank account (electronic) and has all the details, bank logo, etc... Please clarify. Shukran

Requirements for starting LLC for online business in Dubai

Q: How does one go about opening an LLC in Dubai? I mainly need it for an online business that I would like to start.