Questions & Answers - Legal Advice Middle East

التعويض عن الأضرار التي تلحق بالعقار من عقار مجاور

س: السلام عليكم. في حال حدوث تسرب تمديدات مياه من شقة مملوكة علوية على شقة سفلية، هل يترتب قانونياً على مالك الشقة العلوية التكفل بالإصلاح أو دفع ثمن الأضرار لمالك الشقة السفلية، وما هي حدود التكفل بالأضرار (الجدران، الأرضيات، الباركيه)؟ مع العلم أن مالك الشقة السفلية غير مقيم والشقة كانت مغلقة تماماً، ولو كان موجوداً لتمت الإصلاحات عند حدوثها فوراً قبل مرور وقت على اكتشافها. مع الشكر.

Travel ban for unpaid mobile bills

Q: Good morning Sir, I want to know if someone would get a travel ban because of an unpaid mobile bill like du, without a court case or police case.

Illegal termination of employees after the company takeover

Q: My company was taken over by another company. The management of the new company assured us, old employees, that we won`t be terminated. My visa got expired on the first week of November 2017. So I asked my boss about the renewal and he assured me that it`s a long process and might take time for the renewal. On the 1st week of December, I was called along with some other staff to the head office, got informed that they are not going to renew our contracts and we have to stop going to work. I have an unlimited contract. The company did not give us any notice in advance nor did they make us sign on any papers and we did not receive any termination letter. In this situation, I would like to know our rights as per the labour law. I am still searching for a job and I have a loan with the bank. Appreciate your advice in advance.

Breach of the lease contract obligations by the landlord

Q: We moved into a villa in August 2017 and we paid one cash cheque payment to the owner who is local, as he gave us a copy of his Emirates ID and contract. In December, our water was cut and was told by ADDC that the water has not been paid since August, which we all donated and paid for as we are about 7 tenants in the villa (Studio). On the 10th of this month, a legal notice came from the court showing First Gulf Properties that the landlord should appear in the court. He didn`t show up to which. Yesterday, another same one was sent to him to appear today of which I doubt he did go because all his numbers are off. I need to know what`s my right in this. NB: This property is in Abu Dhabi and I have a copy of the landlord`s Emirates ID. I even took a picture of him and my husband with the agent, and a copy of the cheque I gave to him the day we signed the contract. Please advise me. Thank you very much as I wait for your swift advice.

Labour ban for termination during the probation period

Q: Dear Ma`am, I want to ask. My employer terminated my contract within the probation period, but before that, I completed 10 years on a different employment visa in Dubai. Is there any labour ban on me? Thanks

Average time needed for issuing an employment visa

Q: After 10 days asking for an update from the employer in the UAE, he says this. What can be the possible reason for stuck? Below is the employer`s email copy: "I hope this email finds you well. Please be advised that your visa application is taking longer than expected. At this point, we are still waiting for the Labour Approval and after that, the visa paper to get posted from the Immigration System. Hence, we are trying our best to resolve the issue and our PRO is following up on the same. Apologies for any inconvenience the above may have caused, and rest assured we will continue to keep you posted with regards to your start date with us."

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Breach of contract and undue influence

Q: I am undergoing a refund issue with one of the travel agencies in Dubai. I signed a non-cancellable and non-refundable contract with the travel agency, but they failed to give the service to me which themselves made a breach of contract. When I proved it, they agreed to the refund and gave me a post-dated crossed cheque. After providing the cheque, they demanded the contract back, I gave them but I kept a copy of it. After we left the office, the manager phoned me and said I am not allowed to keep any copies. If so, they will stop the payment of the cheque. I just want to know is it possible?? I want to keep the copy of the contract..!! Should I return it to them to get my cheque cleared? Please advise.

Misrepresentation of the employee designation in his employment visa

Q: Dear Sir/ Madam, In my offer letter, the designation is Accounts Manager; however, since I have not attested degree certificates the employer promised to give me Archive Clerk Visa. They took my thumb impression and signature on blank paper and later they issued me a Messenger Profession Visa. When I inquired about the same and refused to accept the Messenger Visa, they are blaming me that I agreed to this Messenger Visa and asked me to pay the visa costs and leave. I sent the resignation and agreed to pay the visa cost, but the visa cost is double what they have quoted. Note: the visa is not stamped on my passport. Will I get any ban from MOL, if the visa is cancelled? Kindly advise... Thanks in advance

Checking a possible police case in Dubai

Q: Dear Sir, How can I know if I have a police case in Dubai? Ginu

Why are my settled police cases still on the immigration system?

Q: I have two cases to the best of my knowledge which I have settled it outside the court, and the case is removed from the police station. Now, when I am submitting my visa renewal, the immigration said the case is not removed from the system. What should I do? My visa is expired and I`m living with my wife and children. How can I know if there is any case on me, or how can I check from the immigration which case is showing on their system for my visa which is in use right now? Please, help me out. Thanks.

What happens when you fail to pay bank loan instalments?

Q: What happens if I failed to pay 3 instalments from my personal loan from the bank?

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Checking a case or travel ban due to credit card debt

Q: Where can I check if I have a police case/ travel ban filed against me due to credit card debt?

Travel ban for a mobile phone debt with Etisalat

Q: Hello Mam. My name is Harbhajan Singh Gurm. Someone bought a mobile phone from Etisalat in 2014 on my identity. I even don`t know who is he. Tasheel sent me msgs regarding my travel ban. I complained to Etisalat, but no result is given to me. I have urgent work in India these days. So what should I do? Can I go to India after they file a case in the police station? Please guide me. Thank you

Fake job offer and labour ban upon resignation

Q: Dear Miss, I am currently in Pakistan. I have received an offer letter from a company in the UAE through a recruiting agent, my question is that is there any way to confirm whether the offer letter is issued by the company or it is fake? Also please confirm if I get this job of an accountant in the UAE, can I change my employer during two years contract period as I have heard that there is no ban on accountants. I will appreciate your response. Best regards

Can I reject a job offer after signing the MOL offer letter?

Q: After getting an offer letter from a company, I was called on 3 months tourist visa to the UAE. I went there as the offer was very good then after 10 days they took my signature and thumb impression on MOL offer letter and they said they will apply for my visa. But it`s almost a month, they never came back and I decided to inform them and I left the country. In the meantime, I got another offer letter from a different company and then they sent me MOL offer letter and then told me to wait for 10 days for complete process. Now after googling I can find out the first company contract can be seen online at MOL website. Will this impact the new employer for MOL approval? Note my first company have not applied for an entry permit or status changed as they have not taken my degree mark-sheet attested.

Overstaying on a tourist visa and the fines imposed

Q: Would there be a possibility for a tourist visa holder who overstayed for 3 months to waive his penalty or at least be lessened?