Questions & Answers - Legal Advice Middle East

Avoiding a civil case by the bank through settlement

Q: Dear Ahmed, Eid Mubarak! I lost my job two years back and I have been on a couple of visit visas without luck! I have a loan which I was able to pay the first few months of being laid off, however, I couldn`t afford to until the bank deposited one of the security cheques. I was arrested while exiting the country, and fined where I was handed over my passport. I am back on a visit to look for a job but the bank has threatened to open a civil case, what are my options? Will they take me to jail? Is there a way I can request the court to allow me to pay little instalments until I get a job? Kindly advise

Filing for divorce and child custody due to extramarital relationships

Q: I need help. My husband is cheating on me and I have evidence for that from 2017 to date. I have photos of the messages exchanged between him and his girlfriends, one night stands. I have evidence of him being active on dating sites like tinder and Bharat matrimonial posing as a single and chatting with girls. He has occasionally promised two girls for jobs in the UAE on LinkedIn and thus seeking favours from them. I want to report this to his company . More than divorce and custody of my son, I want him to face legal consequences for his actions. Kindly guide me

Options in case the post-dated cheques of EOS benefits bounce back

Q: Hello A DIFC based company I work for hasn`t paid 5 months worth of salary, plus business travel expenses. The total so far is around AED 700K. In addition, if I leave the company, there will be the gratuity and pay-in-lieu of unused vacation. The company is offering me post-dated cheques (cheques are in the name of the company, the signer is the group president and one of the shareholders). I am trying to get cheques above AED 200K (because if the cheques bounce it is a criminal charge, right?) 1- What are the consequences for the company and the owner if the cheques bounce? Will the signer face prison and travel ban? 2- How do I raise a complaint about the bounced cheques? Which police department or government authority I need to go to? 3- If the signer says the company doesn`t have money to cover the cheque, because the company is not generating revenue or has many assets, then what happens? does he get away with it? Or goes to prison and faces a travel ban? Much appreciated Rick

Proposal to renew an expired limited contract with reduced salary

Q: Hello Atty, I am a Sales Executive here in the UAE and my second two-year contract from my current company has already expired. I need your help. My contract expired last June 3, 2018, and before that, I asked them about my renewal and they told me after Ramadan. Now, that I follow-up, They will renew my contract but they want to deduct my salary, which I am not willing to accept. We did not discuss any of these changes before my contract expires. If I am not going to accept this offer, what are the things that I am legally entitled to get from my previous company? Moreover, I still have pending commission since 2016 out of our "gentleman`s agreement". Every 2% of the paid invoices will be paid as my commission. Now that I am trying to get it, he told me that the amount is too big and he can`t give it to me. I was trying to get my commission since 2016 but he always has a reason to delay it. Is there any way for me to get it? I have proof/records that I am getting the commission. Thanks in advance

Arbitrary dismissal and calculation of the compensation

Q: I believe I have a strong case of arbitrary dismissal. I understand from article 115 of Labor Law that if this is the case my employer is bound to compensate me for a maximum of 3 months total wages. My questions are: 1) By using the word maximum does that mean they can pay less than 3 months? 2) My contracted monthly pay is split into two parts: basic and allowance. Could they argue I am only entitled to 3 months basic pay and not the total amount?

Travel ban check after withdrawing a job offer

Q: Hello, Please, I need to check travel ban on my passport, but I saw that you asked for a valid passport and my passport will be expired on September 2018 is it ok? Also, I need to speak about my problem, and please, I need an advice. I was supposed to be hired by a medical centre recently, but after they took all my confidential documents and invited me to training sessions too, suddenly without a reason they told we withdraw the offer!! So I criticized their hiring issue on google and they made a case against me for that, although I just explained the incident and didn`t mention names or bad words or anything. Now, I don`t know what to do and totally lost as I didn`t know if I wrote my experience which was very unfair and harming for me so I can be sued for it... Please help!

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Immigration ban for leaving the UAE without proper visa cancellation

Q: Sir, I have worked in the UAE for 6 months (Aug` 2006 to Dec` 2006) and due to my family problem, I didn`t cancel my residence visa (Sharjah Saif Zone). The immigration department has imposed a ban on me. I have got the NOC from my ex-employer in the UAE for the same. Kindly help me to know how to remove my immigration ban. Regards, Kanwaljeet Singh

DIFC will registration for non-Muslims

Q: I have a flat in Dubai but live in the UK. How do I ensure it gets passed to my children should anything happen to me?

Termination of employment for gross misconduct

Q: Hi, I was terminated from my current job in Nakheel PJSC on 19-6-18. In the termination letter, they mentioned the reason as "dismissed without notice for Gross Misconduct in accordance with employee regulations manual (Chapter C - Section 23) and as per UAE Labor Law Article 120" with immediate effects. They also said verbally that the company will not pay me my end of service benefit amount. My question is, can the company hold this amount? Can I claim it legally from the company? Please advise. My no. is 050-8512412

Consequences of driving in the UAE with a foreign driving license

Q: What are the legal consequences for a resident driving a car in Dubai while having a foreign license, not the UAE one?

Joining another company during probation

Q: I have signed a contract with an employer and also received the visa, but I have changed my mind and decided not to join the company due to the indecent behaviour of the employer. I did not join the company and I want to have my visa cancelled. I am ready to pay the visa expenditures incurred by the employer. What are your advice and suggestion? I may leave the country to take up a job in another country.

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Checking cases for an absconded employee with debts to the bank

Q: Is it possible to check the status of a friend who absconded from her employer back in 2007/2008 and left the country with a debt to a local bank? Can you let me know the costs involved? TIA

Notice for the eviction of a rented property before end of term

Q: Hello Sir How much notice does a landlord have to give me according to the law if I have been renting a property for 2 years? I was given a letter today 18 June dated 15th May stating I must leave the premises by the 1st of July. Thank you

Getting divorce for domestic violence by the wife

Q: Expatriates living in the UAE, a Hindu husband and a Christian wife and a 4-year-old son. The wife is doing domestic violence on husband and has abused him and his family for years, and not agreeing to give divorce also because she doesn’t want him to be happy in his life. What ways can he take to get the help of the law? Please help.

Does the court allow payment of commercial debts in PDC?

Q: One of our suppliers filed a case against our company. We are ready to pay in PDC, is it acceptable in Dubai court?

Arbitrary termination of a limited contract and rights of the employee

Q: Hi, My employer terminated my fixed term contract (which also has a 30 day notice period). They are ignoring all communication and refusing to pay the outstanding salary and end of service (3 months). They said if this goes to court they will claim financial hardship however the company is still trading. Any advice on options or entitlements? The claim amount is over AED 200k.