Questions & Answers - Legal Advice Middle East

Filing a civil case to recover the amount of a bounced cheque

Q: I had a bounced cheque as I left Dubai in 2017 for AED 150,000. I raised a case with the police which I believe was prosecuted. Now, I wish to see if the funds can be recovered.

Possibility of travelling to the UAE after settling credit card dues

Q: Hi I was staying in the UAE earlier and had credit card outstandings before leaving the country, but now settlement is ongoing as per an agreed plan. Can I travel to the UAE or not?

Termination for refusing to change position in company

Q: I was informed on the 20th that if I did not take another position in my company, a position that I am not qualified for and also not comfortable with, my employer would have no choice but to make my position redundant. This was sent to me over a WhatsApp message. On the 23rd, my employer gave me an official letter of termination saying that the company is now making financial cutbacks and that my position is a part of the reduction. I was appointed as an operations manager and there are actually 2 of us who work in the company, however, I am the only person who is being terminated. There is no record of disciplinary action against me either for the entire duration of my employment. I had asked that my employer to amend the termination letter stipulating that he is making my position redundant, to which they refused. What is the best way forward?

Liability for a loan misused by an absconding partner

Q: Hi, I would like to ask about the company, where I am working for the last 5 years. We are W.L.L. company and the local partner was a sleeping partner. The other partner was Indian and he took a loan from the bank on the company`s name and used it for his personal use and drained it in other business. He increased the creditors and now he left the country. At this situation, the local partner comes to know about his intention of not coming back. Now, all the responsibility falls upon the local partner`s shoulders. The company has creditors of around BD 140,000 / and a bank loan of BD 160,000/, which is impossible to pay by the local partner. For running business outstanding, mostly companies has cheques issued by the Indian partner (Local partner is not authorized to sign any cheque according to MOA), and the bank has guarantee papers signed by the local partner. Can you please advise how we can save the local partner and file a case against the Indian partner?

Legal assistance in drafting a divorce settlement agreement

Q: Dear Team, I would like to know what might happen in the conciliatory procedure. I filed a divorce against my husband and I was called for an appointment. I assume it is for this procedure. Please advise. How can I draft a settlement agreement? How much possibly it might cost if I will consult a lawyer about this? Maybe you can refer me an adviser with regards to this concern that can charge me less. I am just a normal worker seeking justice for my child. Regards, G.

ضمان الشركاء لحقوقهم عند تأسيس شركة محدودة المسؤولية

س: مرحباً، أنا مواطن ولدي رخصة تجارية (كافتيريا) عرضتها للبيع، فعرض علي شخص وافد شراءها على أن أكون أنا شريك 51% و 49% لثلاث شركاء. قام بتحويل الرخصة إلى شركة ذات مسوولية محدودة، واتفقنا على مبلغ معين سنوياً. سؤالي هو، في حال أخذ الشريك الوافد قرض شخصي وعجز عن سداده أو هرب، فهل أتحمل أنا هذه الالتزامات؟ وكيف علي أن أحمي نفسي كوني جاهل بهذه القوانين وأضيع بين الكلمات؟

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Re-visiting the UAE after leaving without visa cancellation

Q: Hello Sir, I was working for a company in Abu Dhabi for 8 months. Due to some emergency at my home, I took an emergency leave. After that, I was unable to come back to the UAE. Now, it`s more than 6 months, I didn`t return to the UAE. I am having a resident visa valid till March 2019. Is it possible to come to the UAE with a new visa for a visit or for working with another company?

حق الدائن في اختيار التسوية و التزام المدين بها

س: السلام عليكم ورحمة الله أخي الكريم، عليّ قضية مالية لشخص بقيمة 5500 دينار تم عمل مصالحة ودفعت له 1500 دينار دفعة أولى والباقي على 500 دينار شهرياً. تم سداد 1000 أي شهرين متاليين. إلا أن ظروفي تدهورت من جديد وبقي علي مبلغ 3000 دينار ورفع قضية من جديد من مدة شهر، وأصبح يطالب بمبلغ 3600 دينار. هل يمكن التقسيط من جديد معه أم أن القانون يمنع ذلك؟ وجزاك الله خيرا

Resignation for salary delays and claiming dues before cancellation

Q: Hello, I am working for a manufacturing company in Dubai. The company is unable to pay the salaries on time for the last two years. There have been several promises made that the salaries would come back to normal, but didn`t happen till now. Due to this, and even if the employee wishes to cancel the visa to discontinue his job here, the company does not give the full settlement during cancellation. Whereas the employee is forced to sign the cancellation paper stating that he has received all his benefits from the company while getting only partial payment. The company promises him that the remaining would be paid in the coming 3 to 6 months. The company fails to do so and leaves fewer options for the employee to challenge it legally. What should be done in such case in order to receive all the money before we leave the company?

Personal injury claim against a massage therapist

Q: I`m 34 y/o. A massage therapist at a 4-star hotel manipulated my neck with subsequent severe pain that lasted for 1 week, then a chronic mild pain & some stiffness in my neck & shoulder for a year. The MRI revealed neck arthritis & my job as a physician is partially affected by the indecent. Can I sue them in such a case?

Withholding salary and passport after visa cancellation

Q: How do I get my salary and passport from my employer? I worked for my previous company for 3 months and decided to resign because of a better opportunity. I signed an appointment letter that I can resign within the probation period of 6 months. I resigned on July 15, 2018, and served the 1-month notice period and worked until August 16, 2018. They cancelled my visa on August 29 but still, they are holding my passport and my remaining salary and the worst is they are asking me to pay AED 13,000 for the visa processing, flight ticket and visa cancellation. What can I do about this? I need help badly. Thank you in advance.

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Possibility of a labour ban after termination by employer

Q: I joined a company in Abu Dhabi three months ago. Due to some quota issues, they give me a messenger visa on my passport. Now, they don`t have a project and want me to search for another job or they will cancel my visa. My contract is a limited term and my visa is a messenger. Question is if they will cancel my visa, will there be a labour ban?

Reporting the use of fake degrees to authorities

Q: If I come across someone who is working in the UAE by using fake degree certificates, how can I report to authorities; or what is the means of initiating an enquiry?

Divorce by mutual consent after leaving the UAE

Q: Hi. I am in India for the last 5 months and still hold a valid UAE visa. My wife is staying in Dubai and has applied for mutual divorce in Dubai Courts. We are married since 2008 and have no children. Can my wife be granted a divorce in my absentia (ex parte) under the Hindu marriage act? If so, how soon can this be done as we both need the divorce and I am unable to travel to Dubai?

Forceful extension of the employee notice period upon resignation

Q: Hi Madam, Good afternoon. I am writing on behalf of my wife. She is working as a school nurse in Dubai for more than 3 years. Now, my wife got a good offer and submitted resignation on 26th August 2018 by mentioning last day of working as of 07th October 2018. The school accepted the resignation and asked for 45 days salary as compensation. We also agreed to give the compensation and informed the new school that she will join on 08th October 2018. But now they are asking to work for some more days as KHDA inspection is coming to school by the end of October. We told them it is not possible because we already informed the new school about the join date. The current school still have not started any relieving process. How can we overcome this issue?

Return of security deposit and rent dues

Q: Hi. My daughter had stayed at an apartment 807, Marina Diamond 2 in Dubai from 1st May 2017 to 31st July 2018 on the lease of Mr Alex Hejazi`s US national apartment. The first contract was for one year and then extended for six months. The original contract had two months notice clause and renewed one with one month notice. He was given a month`s notice as per the tenancy agreement on 25th June 2018 by mail and over the phone and vacated on 31st July 2018. Returned to India on 8th August 2018. The landlord is now not responding to mails or texts and has not returned any money. The dues are three months` rent and the security deposit total of AED 15600. Now, she is back in India and cannot travel to lodge a case in RDC. How do I get back my hard-earned money without travelling to Dubai?