Questions & Answers - Legal Advice Middle East

Is it safe to pay a down payment for an off-plan property before they open an escrow account?

Q: Hi, I am looking to purchase an off-plan apartment in Dubai. The agent said that the developer wants a 10% reservation fee/down payment before the project is officially launched i.e. registered at the DLD. I have checked RERA and the project is not registered although the developer is licensed and I have been provided with their trade license. They say the project will be registered with the DLD shortly, but in the meantime they want me to pay the down payment directly to the developer using my credit card. I am assured that this is a normal process for pre-launch sales to guarantee me the unit that I want. Is this normal and safe? Should I insist that I wait until they have an escrow account?

What are the certifications and training required fordoing business in interior design?

Q: What are all the mandatory certifications and training required for the organization and also workers for the company doing business like Architectural and Interior Design, Fit-out, and Furniture Supply and Installation in UAE?

Can we stay until the contract ends despite management change and rent increase?

Q: Hello, Our building management is changing, and we have a contract with them until November 15, 2024. We have paid up to that month. On August 24, they messaged me on WhatsApp that they are changing management effective September 1, 2024. They only gave us a 7-day notice, which was not written but only communicated via WhatsApp. The new management is now saying that they will increase the rent to 70K, while our current rent is only 46K. This massive increase is too high, and the notice is too short. Do we have the right to stay in the property until our contract ends, even though the management is changing?

What are my rights if I got terminated without a fair reason?

Q: Hello, I recently got fired for "poor performance" 3 days after one of my co-workers resigned. I work in a small company that is comprised of 8 employees, the co-worker who resigned makes up for almost all the profit in the company, and also a month before that, we moved to a way cheaper business tower. 2 weeks before I got fired, I received a nice compliment from my boss so I didn`t see a reason for that. I also have statistics that show I boosted the company`s performance and received a lot of praise from different company branches. After I received my termination email, a week later my boss still gave me a project to work on. Also multiple times I get texted after working hours. I also once was going on a vacation and when I went there, I received information that my vacation would be unpaid. Even then I was still receiving text messages from my boss regarding work. There are a lot of things that happened that I will need to discuss, I could really use some advice.

Can I apply for a residence visa after availing the amnesty program?

Q: Dear Lawyers, In case the person avails the amnesty facility and does not want to return to his home country, but wishes to stay in the UAE, can he apply for a residence visa?

Can I bail my husband out if I'm a visitor and provide my passport?

Q: Dear Lawyers, My husband is under investigation, and I want to get him bailed out from detention. However, I am a visitor. Can I get him bail by providing my passport?

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My partner is hiding documents and emptying the bank account. What can I do?

Q: Dear Lawyers, I have a 49% share in a 2-year-old Dubai mainland LLC. We are two foreign owners, both managers. My partner, who is appointed as the main manager, is hiding all documents and keeps the bank account empty through ATM withdrawals, which prevents me from obtaining evidence or finding a buyer. A legal notice is likely to be ignored, and removing my partner would be a lengthy process. I have no concrete evidence of a breach of trust. What are my options? Thank you!

Can I file my submission once a criminal case is reserved for judgment?

Q: Dear Lawyers, Can I file my submission once a criminal case is reserved for judgment?

Missed my turn at an appeal hearing—waiting for a text with a new date. What could this mean?

Q: Dear Lawyers, I had an appeal court hearing today, but I wasn’t called when it was my turn, along with a few others. They said those who weren’t called would receive a text message today with another date. What does this mean?

Had syphilis years ago, now have a scar. Will this affect my Emirates ID approval?

Q: Hello Sir/Madam, I have a question. I had syphilis in my early 20s, and now, at 40 years old, I went for a medical check-up when coming to the UAE. It was found that I have a syphilis scar. Will this hinder me from getting an Emirates ID if I go for the medical?

How can I file for divorce in the UAE as an Indian Christian with a son, and ensure custody?

Q: Hi, good morning, I’m an Indian residing in the UAE and want to apply for a divorce. My husband and I have been living separately for more than 3 years, and he has been living in India since our separation. We are both Indians and Christians (non-Muslims). We have a son who is 8 years old now. Can you please let me know the divorce procedure if we want to proceed in the UAE, both with and without mutual consent? Additionally, please advise on how to proceed with custody, as my son currently resides with me. Thank you!

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On sick leave. Can my school make me resign? What are my rights if they do?

Q: Hi, I’m a teacher in Dubai and have been given a medical note for sick leave due to mental health. I am currently still in the UK because I found boarding the plane extremely overwhelming in my state, so my sick note was issued by UK doctors. Do I need a Dubai sick note too? My school has given me the option to resign, but I don’t want to do this as I plan to return to work after receiving therapy and medication. What are my rights? I have worked at the school for a year and have a total of three years of teaching experience in Dubai. This is the first time I have ever needed medical sick leave in my entire 10-year career. I know that labor law states I am entitled to 90 days of sick leave, and I don`t think my school can dismiss me. However, if they do, will I be entitled to any pay or gratuity? Thanks!

هل يُسجن الزوج إذا عجز عن دفع مستحقات الطلاق بسبب ضعف راتبه؟ وما مدة السجن؟

Q: السادة المحامون، في حال عدم قدرة الزوج بعد الطلاق على دفع السكن والمؤخر ونفقة المتعة وبدل سكن عن العدة بسبب الراتب الضعيف، هل يؤدي ذلك إلى الحبس؟ وكم المدة؟ أرجو الإفادة. شكرًا!

When we calculate the end-of-service benefits of a terminated employee, how do we calculate the unused leave?

Q: One of our employees has been terminated due to the completion of the project and he has 36 days of unused leave. When we calculate his end-of-service benefits, how do we calculate the unused leave? As per the labor law - Point no 9 of Article 29 of Federal Law 33 of 2021 mentions: 9. The worker shall be entitled to a wage for the accrued leave days if he quits the work before using them, regardless of the leave duration, with respect to the period for which he did not obtain his leave. He shall also be entitled to receive leave wage for parts of the year in proportion to the period he spent in work and it shall be calculated according to the basic wage. So, should it be based on the wage (as mentioned in the 1st line of the Article) or will it be calculated based on the basic wage (as mentioned in the last line)? Please give clarification on this to avoid disputes. Thank you for answering!

After how many days should a person sentenced for one month be released?

Q: If someone is arrested on 6 August, when will he be released? Isn`t a one-month punishment only 23 days?

What can I do if my tenant moved out without notice after serving him rent increase notice?

Q: I own a property in Dubai and we issued a 90-day notice to the tenant to advise of the rent increase. The tenant accepted and confirmed they would be renewing the tenancy agreement. Before they signed the new tenancy agreement they moved out without giving any notice. What are my rights in this scenario?