Questions & Answers - Legal Advice Middle East

Holding gratuity and labor entitlements after resignation

Q: Hi, Good day. I have been working with a company for 5 years and a half. Then I applied for my resignation (with a 1 month notice period as per my contract) and my service ended on June 30, 2018. A month after, my manager contacted me and asked me to sign some "pre-termination" paper. When I asked about my gratuity payment, He mentions that I can get it within a month or two and that if I still didn`t receive it, I can still have grounds for complaint that I can submit to the Ministry of Labour. However, I still declined to sign any letter. They then just told me that they`ll contact me if ever the cheque is ready. My question is: - Was my action right by not signing any papers considering I had no guarantee of receiving my gratuity? - Also, since I`m still looking for a job currently (and I want to settle things amicably), is it an option for me to simply just wait it out until they contact me again with regards to my cancellation and gratuity? Thank you and have a nice day.

Checking possible issues after cancellation of visa

Q: Good evening Sir, I have worries about my cancellation. My visa is already cancelled, but I want to make sure if there are any issues. My passport number [----------]

Rejecting and accepting visit visas for members within the same family

Q: I applied for a UAE visit visa and received the visa for me, my wife and a daughter, but visas were rejected for my son and another daughter. The reason for rejection was not mentioned and we don`t know what to do. If I don`t receive a visa for my son and my daughter, we cannot travel. Our own approved visas will be useless.

Visa rejection without stating any reasons

Q: Dear Sir, Last April 2018, my company applied for an employment visa for me in Sharjah. Before that, I worked in the UAE in April/2012 to April/2014. But why they rejected my visa now, I don`t know. Please Help me.

Exemption of employee with medical case from serving notice period

Q: Hello, My wife resigned while pregnant and was unable to work during the notice period due to complications related to the pregnancy. The employer is enforcing the penalty to her gratuity because of sick days during the notice period. All work-related duties, handover, were completed and the employer was fully aware of the situation with the pregnancy. Can the employer impose the penalty?

What does the service of checking a travel ban include

Q: Fixed-fee legal services, UAE travel ban and arrest warrant check: Hi there, I just need some clarification regarding the above "Service Description" of "What`s not included" under the first bullet point: "Reasons for the ban/warrant. The lawyer will neither investigate nor provide you with detailed information regarding the reasons for the ban/warrant if any." So my question is if there is more than one travel ban/warrant against me, would you let me know about them all or is it a case of you just informing me with a yes or no? Many thanks for your time. Regards, Tim

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The way of entering the UAE after leaving with a pending debt

Q: Hi Naser, good evening. I require some advice on whether or not I can re-enter the UAE if I have an existing debt?

Can the employer extend the probation period?

Q: My probation period is 90 days and my employer has told me they will extend for another 90 days due to issues noted by my line manager. The reasons for the extension were not fair (personal rather than performance) but I was too afraid to challenge in case they terminated me on the spot. I have also since found out they have already started looking for a replacement for me and the extension appears to have been a ploy to terminate me quickly and cheaply once this person is found. Is any of this legal? Is there anything I can do to protect myself as the probation laws don’t seem to protect the employee?

Termination of limited contract and non-payment of salaries

Q: Good morning Sir, This is A.K. Salaudeen from Umm al Quwain. My labour contact was limited contract. Now, the company cancelled my labour contract and immigration also. But till now, I am not getting my 2 months` salary. What can I do? My last date is 30.08.2018. He promised me daily he will pay tomorrow but till now I did not get any payment from his side. I completed 1 year from visa period. Please advise me, what can I do?

Applicability of GCAA on a labour dispute with military organization

Q: Good day, I`m seeking to get clarification on the below statements, as I raised labour legal case against my company due to the regulations & policies. They are referring to the GCAA ORGANIZATION (CIVIL aviation law), however, I got this below statements from GCAA about the company: 1. ‘Military organization, which does not fall under the GCAA mandate as per the UAE Civil Aviation Law’. 2. GCAA does not have any jurisdiction over any requirements established by your employer.

Filing a case for recovery of dues from a company

Q: Hari, I posted earlier regarding my dues. I have yet to receive an amount of around AED 80,000 from a DFM listed in Dubai. This is the Board Fees due, since 2014-15. I sent reminders, no response from the company. I was serving as MD & CEO of the company then. Resigned as MD & CEO on June 15 and as Board Member on Jan 16. How can you help me recover this amount asap? What`s the process and what`s the cost? How much time may it take? Let me know. Best wishes, 16th of August 2018

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Settlement of a bounced cheque to issue a new employment visa

Q: There was a case filed against me in Muraqabat Police Station for bouncing cheque. I was not able to pay my loan for more than 4 months as I lost my job and unable to pay. I informed the bank and negotiated with them, but they want me to pay at least half of the loan amount. My problem now is that I got a job offer but my new employer cannot issue an employment visa for me as I am in the blacklist status. My previous employer also cannot cancel my visa, they were able to cancel my labour card and already beyond the grace period of 30 days. My previous employer told me that they will present my passport to the visa section and file an absconding case against me. Please advise if they can really push filing an absconding case against me? What shall I do regarding the bounced cheque so that my new employer can process an employment visa for me?

Replacing a passport held at the police station

Q: Hi Sir, I m Edwin, I am working on a construction site. 3 months before, an accident happened on my construction site and regarding this accident issue, my passport was held by Dubai police. But the injured person is good, and the doctor certificate also clearly mentions that the person is good, but till now the police did not release my passport from the police station. Next month is my marriage, so is it possible to replace the passport with another one or not? Please give your suggestion about this.

بلاغ عن إشغال طريق بزرع شجرة أمام المنزل

س: لقد قمت بزرع شجرة أمام منزلي وفوجئت بجاري يرفع علي قضية إشغال طريق.

Holding company partners liable for their part of its debts

Q: Hi Mr Younis, I require help to sort out my father`s legal issues pertaining to a company he had. There are dues with a bank in the UAE and his partner who was also a signatory on the cheques has managed to remove his cases and has left my father to deal with the liabilities albeit he was the one who misused the company funds. I have two questions: 1) How can someone who was a partner of a company absolve themselves of al legal recourse albeit their signature is on all bounced cheques? 2) Would your law firm be able to help with getting the cases resolved and getting my father`s business partner take the responsibility for his share of the liabilities? Thank you

Shareholder agreement and the legal way to exit it

Q: Hello I am looking for someone to review a shareholder agreement and advise on how to exit. The shareholder agreement is done in the UAE. Please advise if this is something you do and your fees. Many thanks Maria