Questions & Answers - Legal Advice Middle East

المدة القانونية لبدء فترة التجربة في عقود العمل

س: مساء الخير وجدت اسمك في أردنيين في الإمارات. عندي استفسار بسيط لو تكرمت علي بالنسبة لفترة التجربة في الإمارات، يتم احتسابها ابتداءأ من أي تاريخ: هل من تاريخ أول يوم عمل أم من تاريخ عرض العمل أم من تاريخ عقد العمل؟

Consequences of defaulting on several financial obligations

Q: Hi Mr Naser, Thanks for your fast response. We are based in Abu Dhabi. Q.1 As we know that for a rent cheque bounce after the police case is closed and the civil case is opened, will the judge decide on the amount for instalments in this civil case? Won`t he consider what we say how much we can pay? Q.2 During eviction case, when the rent/lease expires and since the lease is now connected with Tawtheeq which expires as well, will ADDC cut my electricity during this time? Q.3 My friend has a bank loan of AED 60K approx from a bank here in the UAE and he did not pay for the last 7 or 8 months. This bank has a branch in Pakistan. If he travels to Pakistan due to an emergency and the bank proceeds with its action, what action(s) will that be? (So far no action from the bank) Q.4 If he goes to Pakistan, what will be the consequences for an already running civil case of a bank loan default? Q.5 for a credit card security cheque bounce, can a bank directly file a civil case?

Settlement of a bank loan before returning to the UAE

Q: Hi Sir, I have a personal loan from a bank with an amount of AED 100,000/-. Due to my health issues and family issues, I left the UAE and now in my home country. I don`t have much money left with me as I had so much family issues where I spent the money, and now I do not have enough money to pay back the loan. I want to come back to the UAE. Is there any way to solve the issue?

The legal way out of bounced cheques for credit card and rent

Q: Q.1 Can a bank file a civil case for a credit card bounced cheque against a person, without filing a police case? Q.2 A person`s rent cheque for residential apartment bounced, real estate property dealer files police case on him, the court gives him fine for X amount and closes the police case. The question is, will there be a time bar by law to wait for 2 or more months before they file a civil case against the tenant? Q.3 Under which circumstances there is jail for a rent cheque bounce in the judgement of a civil case? (Considering that the tenant faced police case, which is closed now and the tenant paid fine also for that as per the judgement of the court)

Seeking settlement with the bank for defaulting on a loan

Q: I am a defaulter on a bank loan in the UAE. Now, I am requesting the bank for settlement but still no reply from their side, can you guide me on this? What I have to do now? I am offering them but they`re still emailing me about a legal case. Any solution to this?

Termination of a property SPA and getting refund

Q: Dear Sir, My wife booked a villa with a developer in Dubai. 30% of the amount has been paid so far. Due to financial constraints, she cannot continue the further payments. Is there any law in the UAE to claim a refund from the seller? Sincere regards, Sabir M Hussain

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Online trading license for selling products in the UAE

Q: Morning. I would like to open a high-end bespoke shoe service. Customers will be able to book an appointment online thru the website, I will go to their homes to advise the model/colour/type of the shoe and finalise the order. I will then order from a shoemaker in Argentina who will deliver the final product to Dubai. My idea is to get an online trading licence in a free zone to do the consultancy part and partner with someone with a mainland licence who will import the shoes and sell to the customer. I would like to double check the following: - Can I take care of the marketing and order taking with my licence, and resell through a reseller? - Do I need to establish a contract between myself and the reseller? Thanks for your advice

Filing a complaint at MOHRE for receiving half salary only

Q: Sir. I am a pharmacist in the UAE working in a company since May this year. I have an unlimited contract and in probation period, but all those months the employer paid me only half salary. When I ask about this they are threatening me that they will terminate me and I have to pay the visa expenses. I need some legal advice regarding this.

Consequences of taking a new job offer after already accepting one

Q: Hello Hari, I received an offer from a company in Dubai. I have received the offer letter, signed labour contract and received my visa. My joining is scheduled for next month. Now, I have received 2 more offers, one from Saudi and one more from Dubai. What are the consequences if I am taking one more offer from Dubai? What will happen to my Visa? If I am taking the offer from Saudi, what will the consequences be? Please help. Regards, Mohammed Izaz Haseeb

Checking records in the UAE before applying for a visa to Canada

Q: Dear Sir, Greetings of the day, One of my friends who worked for a hotel in Dubai has taken AED 50 extra money from a guest and kept in his pocket, which has been identified by the management who cancelled his visa and sent him back to India. Now, he would like to apply for a visa to Canada, so he is worried if there are any charges or cases imposed against him in the UAE which will not permit him to apply for the visa to Canada. Please let me know how to check if any charges have been imposed against my friend.

Removing a labor ban for resigning during probation period

Q: Hello, I would like to know some information about labour ban on a limited contract. I was not under company visa, I was on a husband sponsored visa. I was working for a company in Abu Dhabi on a limited contract. I resigned before completing my probationary period (6 months). My employer filed a case against me for breaking the contract. I got a one-year labour ban. I would like to know how can this be removed and in what cases I can take up a new employment. Will I be able to take up offers from LLC companies? Thanks in advance for your help.

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Possibility of clearing a case after payment of fine

Q: Hi Hari, I need to know if by paying fine on the prosecution, the case will be lifted and I can travel without being arrested.

Liability for bounced cheques during company liquidation

Q: If a company is liquidated or has filed for liquidation and there are PDCs jointly signed by any of the signatories [company employees], then please advise if the joint signatory is still liable for such PDCs (which have bounced, but no case is filed).

Advice on Muslims divorce and financial settlement

Q: Hi Ma`am, My sister is a Dubai resident (Muslim Sunni) and Pakistani national married to Pakistani person and remained in marriage for 12 years. The person whom she married has this as a 3rd marriage and it was an arranged marriage by our family. After the marriage, we found the person very narrow-minded and the life was as hell for my sister. To make a long story short, we opened the file/registered the case in Personal Status Court of Dubai in the family section. After a few initial meetings with the marriage counsellor, they tried to patch but it did not work. In Sharia, this person said several times triple talaq in front of my sister but there were no witnesses for evidence. The husband is willing to give divorce but denying the financial settlement for my sister as my sister has medical conditions and really need financial support. I need an expert lawyer who can guide and give the right direction to obtain the financial settlements and all due rights. Please advise. Thank You

Accumulation of credit card dues despite paying

Q: Sir, I had withdrawn cash of AED 5000 from my credit card a few years back. But due to financial problems, I could not pay in time. This has now accumulated to AED 45000. Though I have been paying roughly around 2000 a month the total amount is not coming down. I spoke to the bank officials in person, but they are not willing to help. By now, I might have repaid at least 10 or fifteen times of what I had taken. Is there a solution? I feel so tired and desperate. Can you help me? Thanks Ajay

Issued cheques must be honored

Q: I issued a post-dated cheque in favour of someone. Now, I would like to change my bank account to some other bank. Are there any legal issues in such cases?