Questions & Answers - Legal Advice Middle East

Claiming unpaid fees for services provided to a company

Q: Respected Sir / Ma`am, I am an IT service provider. I got a project from one of the companies in Abu Dhabi to perform a System Implementation. I have completed the project and have raised the invoice for the same, but the customer is not paying the amount. It amounts to about 30000 USD. I am calling for a Steering Committee meeting as per the contract/proposal terms to resolve the issue of not paying me. The IT team, to whom I am reporting is just not letting the Steering Committee meeting to happen. I have other projects running in parallel with the same client. I have issued a "Credit Hold" and stopped all activities with proper notice and have all details on email communication. Still, they are not calling for a meeting / trying to resolve the issue... What are my options to recover the amount? If at all I have to hire a lawyer, what will be the costs for the same? Would appreciate your advice/recommendations greatly. Thanks and regards, Raj

Is winning guaranteed if I file a civil case for bounced cheque?

Q: Sir, I have filed a police complaint against a bounced cheque. After one year, the guy who took money from me said he closed the case by paying the fine. I want to get my money back from him. I was thinking of filing a civil case. Since I will be paying a good amount of fees for court and legal advice, is it assured that I will get my money back?

Drafting Terms & Conditions for a website

Q: Dear Ashraf, I am planning to launch an online startup (a website) and I need support on T&Cs for the customers (students and teachers). In addition, I will need consulting on the legal set up and other practical questions. Could you let me know if you could support and what are the costs? Regards, Elena

Filing a divorce case due to extramarital relationship

Q: I am an Indian married woman staying with my husband and son in Abu Dhabi for the last 10 years. My son and I are on husband`s visa. Last year in September, I discovered that my husband has been cheating on me, at least, since the past 2 years or more. I have evidence from his phone. He has accepted his wrongdoings and admitted everything in front of my father and me and has promised to change. However, I`ve completely lost trust in him. There were times when I suspected his actions and asked him directly but he refused and always said that I should try finding proofs. He also called my sister once to tell her that I was nagging and doubting him. Probably he was playing safe. But since his actions have surfaced up, he projects that he has changed for good. I do not believe him a bit.This has affected and traumatized me to a great extent that I had to seek medical advice from a psychiatrist and it has affected my son too. How can I file a divorce in the UAE? Please advise.

Choosing the right jurisdiction for filing a lawsuit

Q: Hi Sir, I need some information regarding divorce issue, as I have Abu Dhabi visa but I am staying in Dubai. If I need to open a divorce file, do I have to go to Abu Dhabi or I can open in Dubai? Thank you

Criminal and civil cases for defaulting on a bank loan

Q: Hi. I would like to ask a question. I had a bank loan in 2013, and due to crises, I lost my job in 2015 and couldn`t continue my loan instalments. But now, I got a job in Dubai, and before coming to Dubai I spoke to the bank from my home country to remove police case and allow me to come to Dubai. The outstanding amount was AED 68K. The bank gave me a release letter with the help of Central Bank on the condition that I will continue my loan instalments, but my salary is not that big to be able to continue. So now the bank is telling me they will make a travel ban and civil case against me. My question is if bank files a case and I pay a fine in court against the cheque bounce, will the central bank or local bank still make another case or travel ban? Please help me and give your advice. Thank you

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Status of the employment contract when new owners take over

Q: Hi Sir, I have been working in a company since Jan of 2015. On the 2nd quarter of 2017, the company was sold. All employees remained. So, we are still with the company but with new owners. This year, they changed the name of the company. Our contracts here expired last December. We are now waiting for our new contracts to be signed. It`s taking awhile. Today, I was asked to sign a job offer dated Jan 2018. I am on husband visa. Isn`t a job offer only for new employees? I am not new, we only have a new owner and a new company name. If I sign this job offer, does it mean I am a new employee and not an old employee who started in 2015? Hope you can help me. And is this a new requirement in Dubai? Even for those who are already on husband visa? Thank you.

Lifting the UAE blacklist for medical unfitness

Q: Hi. How to remove blacklist because of Hepatitis B?

Is it legal for parents to benefit twice from school allowance?

Q: My spouse and I work in different organizations. We both are on independent company visa. As per the term of employment of each of us, we are allowed to claim school fee paid for our child. Please confirm, can both of us claim the fee reimbursement in our individual company?

Compensation for resigning during the probation Period

Q: Hi Sir/Madam I have given resignation during my probation period (within three months), and I want to know if I have to pay any compensation to the company.

إعادة الاعتبار حكماً للمحكوم عليه بعقوبة جنحية

س: السلام عليكم أنا مواطن أردني كنت أعمل في السعودية لحين إيقافي في السعودية بسبب قضية حيازة الحشيش بغرض الاستعمال الشخصي، وحكم علي بالسجن شهرين و 80 جلدة والإبعاد من السعودية إلى الأردن. في مطار الملكة علياء تم حجز جواز سفري من قبل رجال الأمن وقالولي بتراجع إدارة مكافحة المخدرات في الياسمين. ذهب إلى المكافحة وقدمت إفادتي ووضعها الموظف في ملف وسلمني جواز سفري وقبل أن أخرج قال لي انتظر. دخل على الكمبيوتر والظاهر أنه (أزال التعميم) كف طلب وقال لي "خلص روح". وجدت عمل وطلب مني عدم محكومية. ذهبت إلى المحكمة لإصدارها فقالوا لي راجع إدارة المعلومات الجنائية بنفس المبنى. رحت لهم قال لي الموظف أنت ماذا عليك بإدارة المخدرات؟ أنا الآن أعطيك كتاب تراجع فيه إدارة المكافحة في الياسمين وتطلب منهم أن يدخلوا شرح للقضية. رحت لهم وسلمت الكتاب وبعد انتظار لأكثر من 3 ساعات سألت الموظف عن موضوعي. قلت له يعني أقدر أن أحصل على عدم محكومية؟ قال لي "نحن ندخل المعلومات للكمبيوتر روح إعمل شو ما بدك". الآن سؤالي أنا ما هو المسجل علي، هل هو قيد أو أسبقية أو ماذا؟ وهل يحق لي إصدار شهادة عدم محكومية؟ القضية خارج الأردن وانحكمت فيها وقضيت المحكومية وانتهيت.

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Police Clearance Certificate after serving a jail term

Q: My husband is now serving a 1-year sentence in Dubai under a criminal case offence. By end of September 2018, he will finish his punishment. After that, if he applies for a Police Clearance Certificate from the embassy, will they provide it mentioning conduct is good?

Retrieving passport from the court after being found not guilty

Q: Dear Sir, My brother was involved in an incident at his company that claimed two lives (the victims died in a sewage tank). During this process, my brother happened to be a safety officer in that company but the supervisor and the managers assigned those workers who died during the cleaning of the sewage tank without informing the safety department. During the police investigation, my brother`s passport was seized by the police and the case was referred to public prosecution. After the final investigation, my brother (safety officer) was not guilty as the public prosecutor decided, but the supervisor was guilty since he gave the order to those workers to carry out the unsafe work without informing the safety department for proper risk assessment. The supervisor was given a 5-month jail term. Concerning my brother, his case ended at the public prosecution office since he was not guilty, but since then, his passport is still held with the court. Please, I need advice. Thanks Taka Farhad

Can two family members benefit from government housing allowance?

Q: I work for the Ministry of Education and my wife works for Etihad Airways. I get a housing and my wife received a housing allowance from her company. We recently applied for a bigger apartment at my company. I received an email yesterday saying that we have to evacuate our apartment because I am not eligible for the housing anymore as she receives an allowance from Etihad. Etihad Airways HR told us that this only applies if I work for Etihad as well. My company says they are government and therefore I am not allowed to get an allowance. I researched and found out that Etihad is government owned but not funded or operated. How should I approach this and can they just kick me out on the street with a pregnant wife and an 18-month-old baby? I felt that the email was sent in a threatening way.

الحق أحق أن يتبع

س: السلام عليكم لدي شيكات مرتجعة إلى شخص إمارتي وأنا على اتصال به بين فتره وأخرى ولا يوجد لدي مال لسداده. الموضوع قبل ٤ سنوات خلال هذا الشهر، اتصل صاحب الشيكات بالسب والشتم والتهديد بالإنتربول لأني أقطن خارج الإمارات، في هولندا، وأنا لا أملك أي مال لكي أسدد مافي ذمتي. بصراحة أنا لم أنكر حق هذا الرجل. ماهو الحل رجاءاً؟

Refund from seller for delay in delivering a paid order

Q: I entered an agreement to purchase a machine and made a 50% down payment 90 days earlier with a company in Sharjah. The agreement was to have the machine delivered within 45 days. The company has been stalling and being vague with no clear official communication on when it will actually deliver the machine, in spite of me constantly following up. When they do reply and give an expected date, that lapses with no communication from them and I have to once again keep following up. This is now affecting my business operations. What are my options to cancel this order and get a refund on my advance who should I raise a complaint with?