Questions & Answers - Legal Advice Middle East

Acting against the abscondment of an employee after resignation

Q: I am in the HR of a company in DAFZA. I have an employee who resigned and he said he will freeze his family residency and he will come to sign his cancellation paper and take his end of service cheque, but he simply disappeared. What should our company do in this scenario? We still did not apply for his cancellation based on his request but we have his resignation paper. Thanks

Liability of an employee for making a wrong payment

Q: If in any case that our system was hacked, and by mistake, a payment transfer was done and sent to a wrong bank account which is the bank account of the hacker, will the one who sent the payment be liable to pay the amount transferred to the hackers? Does the company have the right to file a case against the employee who made the mistake?

Police fine for car break down after hitting an unknown substance

Q: Hi, I have received a fine amount of AED 500 for the reason that my vehicle broke down on the Al Salam Street near pineapple building on 16-03-2018 (Friday). There was some unknown substance on the road, because of which 4 other vehicles broke down. Police came to the spot and helped us move the vehicles using towing service. On request, they did not provide us with any report of the incident. I was driving a rented car from Shift Car Rentals and they insisted to get a police report, else all the charges of the damage would be on me. Hence on 18-03-2018, I went to request an incident report from the police. The officer did investigate and said he is going to mention that I had hit a substance. I said it is fine and he proceeded with the report. I was never told that I would be fined for this reason. It`s not my mistake that there was something on the road which even the police could not find when they had come to help us. I do not know why am I fined for no reason. Kindly assist.

Applicability of Dubai One Day Court procedures in other emirates

Q: I would like to ask if the One Day Court process for minor financial issues in Dubai is also applicable in other emirates in the UAE.

Civil claim for breach of agreement and defamation counterclaim

Q: Dear Madam, I am from Oman. I made an agreement with a UAE based company for migration purpose. If they failed the process they should have refunded my advance amount. But they are stating different reasons now. it`s already 2 months over. Two days before I saw on a website (pissed customer) similar reasons posted by somebody. I also commented there and the same person who talked to me happened same with him also. Now, this company is telling me I am defaming the company so they will not refund the amount. Also, they will take this to legal (Dubai cybercrime law article 20). I didn`t mention any lie. I just said the same person was dealing with me also, took my money and not responding now. That`s it. Please give an answer whether they can make a complaint against me or not? Your answer will be highly appreciated.

The legal way of notifying the tenant about the 10% rent increase

Q: I am a landlord who sent a notarized legal notice to my tenant for a 10% rent increase in accordance with RERA calculations. The notice was sent to the tenant residence address via ARAMEX 4 months before the contract expiry date. I have a receipt for the delivery. Is my action legally sound and do I need to do anything else?

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Liability of resignation before the commencement of work

Q: Hi, I have signed a contract that should be effective by 1st April 2018. It`s an unlimited contract in Dubai and I live in Egypt. I have some circumstances that may prevent me from travelling. If I send an email to terminate the contract, should I pay anything? Do I have to give them a notice period during the probation period or before the contract is effective?

Rights of the employee upon resignation for salary delay

Q: If salary is given delayed by the employers for 3 months and the employee filed for resignation, is the employer capable of giving a ban to the employee? And is it legal to deduct 45 days from the settlement because the contract was not finished?

Am I entitled to the gratuity if I resign from a limited term contract?

Q: I have been working on a limited contract with a company for 8 years. I kept on renewing the same contract every 2 years. Last year in April 2017, I renewed the same contract. This year, in March 2018, I resigned from my job and I am serving my notice period for one month. Will I get my gratuity? Do I have to pay my compensation fee? I`m a qualified accountant. Can the company put a ban on me?

تقدير الخبير العقاري للنقص في حصة أحد الورثة

س: تحية طيبة،، لي استفسار ويرجى منكم المساعدة. أنا لي حصتين من أرض من مجموع كامل هو 10 حصص. قمت ببناء شقة لي بدلاً من بناء قديم جداً لي وحصل أنه صدر قرار استملاك القطعة حيازة فورية، وتم تقدير ثمن الارض والبناء من الجهة المستملكة. هنا سؤالي، هل يحق لي أن يكون ثمن الشقة الذي دفع كبناء من حقي (علماً أنه لم يكن أحد الشركاء معترضاً عندما قمت بالبناء) أم يتم توزيع ما قمت ببناءه على باقي الشركاء؟ ملاحظة: مساحة البناء تقريباً بمساحة الحصتين لي من الارض.

Understanding the rights of the husband during divorce

Q: Hi, I’ve been married for 7 years with two beautiful children and we are expats living in Dubai (British). We decided to get divorced and I wanted to understand my rights in regards to the family name as she’s in media and uses my children as pawns on social media sites. She also puts up pictures that I don’t want to be associated with my family for legal reasons (alcohol-related as she doesn’t have a license and hosts paid media events illegally). Can I force her to change her surname? Do I have any rights over what pictures of my children are put up on media platforms? Do I have any rights over my family name relating to social media? Thank you

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The legal consequences of defaulting on a bank loan

Q: Dear Sir/Madam, I have a loan of AED 400,000 from a bank in Dubai. I got a termination and October 2017 was my last month at work. The bank made a case to the police for the balance amount which is AED 2500,000 as per their record. They stopped my visa procedures at my new company. Can you advise what to do?

Consequences of resigning while on probation

Q: I am under a limited contract with a DMCC company. The contract has been generated on the 5th of September 2017. Both parties signed on the 19th. The first day of work was the 25th of September. Which date is considered the official date of joining, so I can know if I am still on probation? What do I have to pay to my employer if I resign on probation? What is the compensation? Do I have a risk of getting a ban? Nadine

Parents liability for the actions of their minor children

Q: I am staying in a building in Al Nahdha, Dubai. The front glass door was broke 3 days back. According to the building owner and security, my son was standing near the door and it happened because of him. They say that I have to pay for the damages or they will refer it to the court. My son is 6 years old, and I would like to know if I am liable to pay the cost of the damages.

Filing a divorce case for domestic violence

Q: I am looking for legal advice on divorce in the UAE. I am Belarusian non-Muslim and my husband is Tunisian Muslim. We have 1.5-month-old daughter Belarusian citizen. The marriage contract was made in Tunisia and legalised in Tunisia, the UAE and Belarus. The father is mentioned in the daughter`s birth certificate. Since September, I stayed in Belarus and I am here with a daughter now. In April, I am travelling for the UAE visa validity (6 months) just for a week and coming back to work in July from maternity leave. I want to file for divorce as my husband had aggressive behaviour towards me, was physically violent 3 times during my pregnancy and abused me verbally. He also refused to support me while pregnant, and since August 20th, 2017, I was not able to work and I had no source for living while paying AED 5460 loan monthly, that was the reason of leaving back to Belarus for maternity. Can you please advise if my husband can ban my daughter while coming in April on a tourist visa? Also, what is the actual procedure to file a divorce in my case?

Respecting the notice period despite the absence of a visa

Q: I signed an offer letter with a new construction company and started working with them for almost a month. My visa is still under my previous company because it is still under process for cancellation. Now, I want to quit working with this new company because my boss is giving me a hard time. Can I quit my work without 1-month notice? Will there be any legal issues with me?