Questions & Answers - Legal Advice Middle East

Checking a possible case or travel ban in GCC due to UAE bank debts

Q: Ms. Nikhat, I`m in India. Please advise on an ongoing issue with me for the last 2 years and for no reason, or you can say suffering without fault. I have issued cheques in a settlement for my cousin regarding his civil case. It was a claim of 2.2 Million with dividing the amount into 12 cheques of 20k each, and rest of the amount of AED 1.7 Million approximately in 13 months. Where it was clearly written in the agreement that as soon my cousin got his chequebook from the bank, all my cheques get replaced with the new one. As it took 2 months to get the new chequebook because of cousin`s visa expiry, the other lawyer refused to replace my cheques and said if you want to replace they will keep my cheques as a guarantee. So we could not replace them with new cheques. He put my cheque into the bank and I left the country in August 2016. I`m still out and only my cousin is there in the UAE arranging the fund without any success. I lost my 12 years of Dubai experience and doing nothing. I don`t know if I will face any issue in immigration for Qatar.

Visa cancellation while a labour case is running in court

Q: Dear Sir/Ma’am, I hope all is good with you and you will be able to help me in this situation. I was working for a private company with which I have a labour court case ongoing for which the judgement is to be made on the 25th June. I have received an offer letter from a free zone company which requires me to join on the 6th of June. Could you please help me on how to get the cancellation of my visa done so the free zone company can proceed legally for me while my case is ongoing. Thanking you, Tanya

Filing a labor case for salary delay and forcing resignation

Q: My employer refused to pay salary (more than 3 months). Whenever I asked for the salary he told me to look for another job. He is also forcing me to submit resignation letter and telling me: "cancel your visa by yourself". Can I take legal action against this for pending salary? I already filed a case.

Application of the notice period and penalty for early exit of tenancy

Q: Dear Sir, I am renting a house in Dubai. The yearly rent is paid with 2 cheques. I have been renting the house for 8 months. The landlord has already cashed in the 2 cheques. My tenancy agreement includes an exit clause for early termination: "In the event of the tenancy contract being broken by the tenant, he/she will have to give the landlord 60 days` notice". The tenancy agreement will end in 4 months. I informed the landlord that I will leave the house within 60 days. He told me that he will not refund the remaining 2 months. What should I do?

Seeking visa cancellation and labor entitlements upon resignation

Q: Hi. I have an issue with my current employer and they are not paying my final settlement and EOS or allowances. I followed the correct procedure for resignation, performed at a high level during my 2 years and 10 months and only now, after my final date (June 1st), have they come back to me stating they want to put my payment on hold. Their reason is that they feel I have breached their confidentiality clause in their contract. I understand this is a separate matter to any final settlement due and thus I have raised a case with DMCC (they are a DMCC company). How do I get them to send me my final settlement and cancel my visa so I can continue my working life in Dubai, or leave if I want to? I only have 30 days to transfer over to a new company and don`t want to get into trouble. Please help Thanks

Effective date of the notice period

Q: If I send an undated resignation letter (attached to an email) to my HR Director, whereby the contents of the letter explicitly state "as we discussed, please find attached resignation letter, effective of *Xx." * A date later than when the email was sent. When will my notice period start? The date in which the email was sent, or the date in which is explicitly detailed within the resignation letter itself? Much appreciated.

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Dropping the labour case against the employer to cancel visa

Q: Hi, I already filed waiving my labour case with my employer, I also dropped my labour compliant to my previous employer done at Tasheel. They told me to wait for the approval of cancellation and then I can cancel it at the immigration. I already told my previous employer that I dropped the court case (but it has to be notarized at Dubai Courts which I`m not yet doing it). They are not still withdrawing their labour complaint against me and they want me to go with them, but I don`t want to see them because of their wickedness. My question is, is it okay not to communicate with the previous employer even though my cancellation is in the process? Will it affect me until I get the cancellation?

Requirements and procedures accompanying application to corporate loan

Q: IS THIS TOPIC FAMILIAR TO YOU ? 1) A company from the UAE has a subsidiary abroad (100% of the shares). 2) The subsidiary would like to contract an investment loan and the bank is asking for a surety contract issued by the mother company. 3) A legal opinion is necessary to basically present: 3.1) Which conditions the surety contract should comply with in order for the surety contract to be valid and enforceable? 3.2) If any limitation (territorial, financial limit, time to claim, competences, signing procedure that has been followed, or any other, etc) is present in respect of a surety contract assumed by a company from the UAE toward a foreign bank while supporting its subsidiary from abroad. 3.3) What is the legal procedure that applies when enforcing a surety contract that is a related to a subsidiary from abroad (actions / estimated cost / estimated time)?

ندب خبير مصرفي للبطاقات الائتمانية

س: السلام عليكم ورحمة اللة وبركاته لدي استفسار بخصوص رفع دعوى ندب خبير مصرفي لدراسة البطاقات الائتمانية في حال كان هناك تسوية لتحويل الرصيد المحمل بالفوائد المتراكمة إلى أقساط شهرية. ففي هذه الحالة لا يقوم البنك بتزويد الخبير كشوفات الحساب من تاريخ إصدار البطاقة، ويكتفي بتزويد الخبير الكشوفات من بداية الخطة مما يرتب علي عدم تصفية الحسابات بشكل حسابي دقيق. ماهي الاجراءات المتبعة لإلزام البنك بتزويد كافة الكشوفات منذ إصدار البطاقة لأن أصل الدين كان محملاً بالفوائد المتراكمة وثم تم تحميل الرصيد مرة أخرى بفوائد على أصل الدين والفوائد المتراكمة؟ حيث أن هناك خلط كبير بتعريف خطة الدفع بالتقسيط محملة بفوائد جديدة وبين تسوية بين البنك والعميل لتخفيف مبلغ أصل الدين بنسبة معينة ودفع المبلغ على ٦ أو ١٢ شهراً دون زيادة فوائد جديدة.

Checking a possible travel ban in the UAE and GCC

Q: Property under dispute: 1BHk, Legrand Chateau, JVC. Original value purchased in 2008: AED 1.3M. Loan amount, ADCB: AED 900,000 Downpayment made: AED 450,000 including all transfer and bank fees. In 2009-2010, the rental agreement and PoA were handed to the bank, since we were leaving the UAE. Mr.Vald, a Russian tenant, started defaulting on the rent after 3/4 of the year. We told the bank, you use the PoA in your power, and we look for an alternative tenant from India. We could not come as we have just restarted our career here. In 2010-12, the tenant has stayed free as the bank has not used the PoA to renew the rental agreement. In 2012, the bank put a Dubai Court seal on the flat. 6 months later in 2012 end onwards, the bank has deployed some other tenant started collecting rent on our behalf. Now, it`s not incorporating the rental income in the outstanding (AED 792,000D). The annual rent then was AED 55k. An email sent by bank mentions potential travel ban. We want to know if this is valid already and inclusive of GCC, as we need to travel in the next 2 days. Can we get a status update on this?

Legal opinion on the requirements of applying to a corporate loan

Q: CASE PRESENTATION 1) A company from the UAE has a subsidiary abroad (100% of the shares). 2) The subsidiary would like to contract an investment loan and the bank is asking for a surety contract issued by the mother company. 3) A legal opinion is necessary to basically present: 3.1) Which conditions the surety contract should comply with in order for the surety contract to be valid and enforceable? 3.2) If any limitation (territorial, financial limit, time to claim, competences, signing procedure that has been followed, or any other...etc.) is present in respect of a surety contract assumed by a company from the UAE toward a foreign bank while supporting its subsidiary from abroad. 3.3) What is the legal procedure that applies when enforcing a surety contract that is a related to a subsidiary from abroad (actions / estimated cost / estimated time)?

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Retrieving the passport after resolving a criminal case

Q: My case has been referred to the public prosecution even after I compensated to the company for the loss. They took my passport as security. How can I get the passport? My visa is immigration visa.

Termination of employment and cancellation of visa

Q: Dear, I want to ask one question today. I have given my employer a termination letter so I can cancel the visa immediately or within 2 to 3 days.

Misusing the power of attorney by a partner of joint property

Q: Dear Sir/Madam I issued a General Power of Attorney to someone for renting our property. (He and I own a property together in Dubai). Since he took the POA, He hasn`t paid my share of rental and doesn`t even answer my calls anymore! I don’t even know what has happened to our property or even to my share. (I think that he has stolen my share). I have sent several emails to agents that do business with him and asked them to give me all copies of tenancy contracts and all other documents about my property, but they haven`t replied to my requests yet. I like to mention that He has taken all the copies of the POA and Deed of Property and I don’t have any copy of the Deed or POA. What shall I do? Thanks

Transferring end of service benefits to absconding employee

Q: Hi, We have an employee who has taken half a million and fled the country. We have cancelled his visa (out of the country) and now awaiting his signature on the EOSB calculation to transfer to his bank (as per the salary transfer letter). The employee has reverted stating that he will not sign it since he wants the EOSB sent to his account back home. He says he will go for a legal action against the company, in case we transfer the funds and the bank is constantly following up for the funds. What can we do? Do we have to wait for the consent? Will we be legally challenged in case we transfer the fund to his bank account without his consent?

What you need to know while purchasing a new apartment

Q: Hi, I am planning to buy a ready apartment in a 2-year-old building. How can I check for any dues on that apartment, would NOC suffice that the mortgage or any dues are cleared? How can I check that the seller does not have court cases against him in relation to property? How do the Service Charges get decided every year, as I understand that it is decided by Dubai Land Department who has defined the Service Index? Should I hire a lawyer to look out all legal aspects and help me till I get the property transferred to me? If yes, then what is the average cost for this service? Regards, Gufran