Questions & Answers - Legal Advice Middle East

Lifting a lifetime ban for an absconding complaint by the employer

Q: I had left the UAE in 2006 after an absconding complaint by the previous employer. They had put a lifetime ban also. How do I lift that ban now? What are the procedures?

Leaving Dubai without stamping the employment visa

Q: Hi. Can I leave Dubai without stamping my employment visa in my passport?

Termination of employment contract for a valid reason

Q: Hi Sir/Ma`am, I just want to ask for an advice regarding my status. I`m currently working for over a year already under an outsourcing company with an unlimited contract and they placed me in a hospital. Unfortunately, the hospital cancelled its contract with our company. Now, my company sent me an email with an attachment saying that they will be proceeding with cancelling my employment contract as per Article 113 of the UAE Labor Law. The notice period started last Aug. 22, 2018, and my last working day would be until Sept. 21, 2018. Now, my concern is what are the benefits that I`m entitled to? Will I have a problem with the MOL if ever I`ll be employed in the future? And is this basically a termination letter? Thank you and I hope that you could give me some advice regarding this matter.

Attestation of academic certificates for employment visa

Q: Hi Sir, I am on visit visa looking for IT job. Is it mandatory to do certificate attestation for getting an employment visa? Expecting your kind reply. Regards

Complaining to the employer regarding working hours

Q: Hi. I am working in the client side and my company did not say during joining I have to work 6 days in a week, 5 days at the client side and 1 day in office. My client is working only 5 days. I did not read the full offer letter while signing, as I assumed that office time will be the same as the client`s side. I am working on a 6-month contract, renewed basically. Now, they are calling me every Saturday to do work for him only. I don`t want to do this. Now, my visa is stamped, after 2 months working. Please help me out, how can I convey to them not to call me on Saturday? Or how can I take the help of the labour office in this case?

الوقت المحدد لاستلام جواز السفر بعد صدور الحكم

س: تم القبض علي عند دخولي الأردن بسب تعميم من الانتربول القطري وتم حجز جوازي في المحكمة ومنعي من السفر. تم التواصل مع قطر بخصوص القضية وهي شيك بدون رصيد وتم عمل تسوية مع البنك وقام الانتربول القطري بإصدار كتاب لفك التعميم وتسليمه للانتربول الأردني والمحكمة. قام القاضي بالحكم في القضية وأرسلها للنائب العام للمشاهدة. سؤالي كم يستغرق الوقت لحل القضية وإعطائي جوازي لكي أتمكن من السفر؟

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طريقة إثبات اتفاق إيجار بدون وجود عقد خطي

س: السلام عليكم أنا طلقت زوجتي وكنت قد سجلت البيت باسمها بيع شراء دون أن أقبض أي ثمن. وعند إجراء عملية البيع كان بيننا اتفاق شفهي أنه في حال حصول أي مشكلة بيننا فإنني لن أغادر البيت وأعتبر نفسي مستأجر للبيت مدى الحياة، مقابل عدم دفعها ثمن البيت. حصل الطلاق قبل ٣ سنوات وقد غادرت هي البيت وأنا أسكن فيه حالياً، هل تستطيع طليقتي إخراجي من البيت الآن؟ مح خالص تحياتي واحترامي

المتطلبات القانونية للزواج من أجنبية حال وفاة والدها

س: أنا أردني وسأتزوج بمغربية. هل يمكن إتمام عقد الزواج بتوكيل من أهل الفتاة بسبب وفاة أبوها؟ أهلها أو والدتها أو أخوها بدون حضورهم، بتوكيل أو بموافقة خطية.

Acting against forceful restrainment by family

Q: Sir, I am Bhavana. Now, I am staying in the UAE in RAK. My parents forcefully brought me to the UAE, and now they are not allowing me to go back to India. I had a relationship and he is in India, and for this reason, they are not allowing me to go to India. Please help me, I am begging you. Please give me advice, I am trapped.

Getting a police clearance certificate if you have a police fine

Q: Sir, I need a police clearance certificate. Now, I am in Abu Dhabi but I got fine from police one time for drinking alcohol in a public place. Is there any problem to get the certificate?

Safeguarding your interests while purchasing an existing business

Q: Buying a small business in Abu Dhabi. What are the legal requirements? What are the items on a checklist that one should consider before investing? What are the pitfalls of buying an existing business?

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Embezzlement case: possible penalties and safe way to defend it

Q: Dear respected lawyers, A friend of mine, one of the accountants employed in a Company, has admitted to his Company of taking more than 300,000 AED over the past years by adjusting his net salary in the payroll file. The amount of adjustment is reflected in a hidden row in the payroll file. The payroll files he prepared were still approved by HR and accounting supervisors...etc. because they did not do a detailed review of individual payroll credits. The Company has now decided to do an investigation excluding him and came up with other amounts they claim he had also taken, but which he has refused. He is currently trying to negotiate with the Company to give him a chance to pay back the amount which is a valid claim while the Company is still considering whether to file a case in court or not. If the Company decides to file a case, what is the probable penalty he may face? Length of jail time and fines? While the Company is still considering, what can he do to avoid having the case filed in court?

Claiming passport from the employer after labour dispute

Q: Dear Respected Lawyers, I am on management visa from Sharjah whose passport was denied by the employer after completing 13 months of service. They told me passport can`t be given until my client in Iraq settles a business transaction dues the company did. Feeling insulted, I resigned on June 20th 2018 and stopped going to the office waiting for my Iraqi client to visit the UAE. Finally, the client came to Dubai on August 23rd and showed my employer his account where the client lost more than USD 700,000 because of the mismanagement of the project by the employer. The employer left the meeting room saying I will never get my passport or visa cancelled. He told if ever I report it to the Labor Department, I will be put into trouble through his contacts with senior police officials. Finally, I filed my labour complaint today for my Visa cancellation. Kindly advise whom should I approach at Sharjah Court to file a petition for getting back my Passport on an urgent basis. Humbly requesting your valued positive advice and assistance.

How to change jobs without facing any legal issues

Q: Hello Sir, I already have a visa of a packing staff. I got a new job with a better offer package. If I moved to that company, are there any legal issues?

The possibility of lifting a lifetime ban

Q: I have a lifetime ban in the UAE. Can you just lift my ban? I was having a case in Ras Al Khaimah and the case number is [-------]

Checking a travel ban after defaulting on small amount

Q: Hi. I have an outstanding amount of AED 1100, it’s almost 3 months since I paid this bill. Do I get a travel ban now?