Questions & Answers - Legal Advice Middle East

My employer doesn't pay me the salary. What are my rights?

Q: It`s my first job experience in Dubai, I am hired by a hotel as chef de partie. I signed my contract on 19 July 2017 with no mention of my joining date on it, but on 1st of August I was called to join immediately. Now it`s been more than one and a half month but there is no sign of salary. The restaurant in the hotel is not officially opened yet. Whenever I ask for the salary, the management says that the restaurant is not started yet and ask me to either resign and pay all the expenses. Is there any right for me to do something? Moreover, the hotel is paying the employees salary via cash.

Refund from the developer

Q: REFUND FROM UNPROFESSIONAL DEVELOPER, NO CONTRACT, NO OQOOD, NO PROGRESS We purchased properties with Royal Estates in DIP - we have paid approximately 25% of the final value already, however they have broken the law on at least 2 issues, as they haven`t given us a contract within 15 days of our reservation form plus there is no Oqood. There is no work on the site also. The developer is constantly making excuses for past two years and is most unprofessional and unhelpful - they are unlawfully keeping our money. The reservation form is null and void as we purchased in 2015. Is there a way we can get a straightforward refund from the Escrow account that DLD holds? There`s no point for a court case as there`s no challenge with the developer - anyone can see they have breached law, and I`m sure Dubai want to keep a good reputation to foreign investors without making things legally expensive and messy. Your advice on the law for this simple situation is appreciated, Thank you

Will I be able to get a good conduct certificate if I clear bounced cheque cases?

Q: Hi, I have two bounced cheque cases registered against me. I would like to know the following: When I clear these cases in the court, will I be able to get a certificate of good conduct after clearing the cases? Also, would the certificate end up mentioning the cheque cases that I have cleared? Awaiting your reply.

Responsibility of a pet owner for the nuisance caused to others

Q: Hello, this morning I went to a park with my three dogs and let two off the leash. My dogs ran barking towards a jogger, who got scared and ran towards me. After that, he called the police and took a picture of me and my car. The picture of me, he deleted then directly. Afterwards, I left with my dogs. What could happen in this case? Is he able to do anything to me with the police? What if my dog bites someone? What are the possible consequences? In my tenancy contract, nothing is mentioned regarding pets, but my landlord approved my dogs. If my neighbour complains about barking, is there anything which could happen? What is required to hold someone liable for verbal sexual harassment if nothing has been recorded or no witness was there? Thank you, Marie

Insurance claim of no liability to cover suicide cases

Q: A person expired and the cause of death is suicide. Insurers in the UAE have rejected the claim on the grounds of the suicide exclusion which is applicable by law: "This insurance does not cover death as consequences of: c) Directly or Indirectly occasioned through any unlawful or criminal act of the insured person." Is suicide considered unlawful or criminal act in the UAE?

How to retrieve passports from the police after interrogation

Q: My family`s passports are detained. Three months ago I have been brought in for questioning on whether my children are mine at Al-Muraqqabat police station in Dubai. Afterwards, the government took our DNA. A few weeks later, the government asked for our passports and took them. Since then, we have not received any updates on the case. Is there anything we can do to resolve this case?

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Following up on my court case if I'm outside UAE and my lawyers don't respond

Q: Dear Sirs, I have a long story but I will give you the "bottom line". I won a case with the Ministry of Labor (MOL) in December 2015. The company did not accept the MOL decision (Company owed me three months salary for early termination of a two-year contract). I went to the court and won. The company appealed and had the verdict overturned. I hired a lawyer in May 2016 and my case was to be heard by Cassation Court in November 2016. I have never heard the outcome and now the law firm does not reply to my email or my phone calls. I am now in the USA but I will come to the UAE as needed. Thank you. John Stickel, Springfield, VA.

What to do if you have pending labour case and your visa is over?

Q: Good day, After completing 1.6 yrs work I was terminated from the company (the reason is low performance as per company opinion). I was terminated without any notice period. I filed a case in Labour Department for non-payment of the end of service gratuity and all benefits. A company representative didn`t come to the Labour Department after 48 hrs and is still refusing to pay the full amount. Then I filed a case in the court, then I was sent from the court to a typing center service. In typing center they typed something and told me to come back after 10 days. In the meantime, I have only 7 days left to exit the country as per my visa cancellation. How and where will I check for my overstaying in Dubai due to this case I open in the court and typing center told me to come back after 10 days? Thanks

What to do if your attorney does not reply to your emails or phone calls

Q: Is there an Abu Dhabi Justice Department office to get a lawyer who has been hired to respond to client`s questions? I paid a law firm 50% of their fee in May 2016. My case was to be heard by the Cassation court on 20 Nov, then postponed to 28 Nov. Attorney has not advised me of the results and now does not reply to email or phone calls. I am in the USA.

Bounced cheque for a property in Ajman

Q: Hi Sir, I have a cheque bounce for a property in Ajman. How can I be free with this?

Drink and drive punishment

Q: My cousin made a small accident while being drunk and driving. What is the punishment in Abu Dhabi?

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Fraud of a company on the final settlement and credit card of an employee

Q: Respected Sir / Madam, On Mar 2014, my manager was in the process of transferring my visa to the main company. On his personal guarantee and assurance, he asked me to sign the receipt of AED 34,894/- towards my full and final settlement for the period I worked from August 2007 to March 2014. Nevertheless, he never made any payment and just assured that he`ll pay the same later, saying that the company used my dues for company urgent expenses. Also between April 2014 to December 2014, and on many occasions, he requested on his personal guarantee and assurance to use my credit card for company official payments. The amount outstanding is AED 13,337/-. When I started to follow up on my dues, he simply kept dragging and assuring the payment. I begged him many times to clear my dues but he never made any attempt to pay my dues. He conned, lied and cheated me with my hard earned money, along with the employer. The company is closed now and we both are working in different companies. Please advise regarding the legal options to get my dues from him. Regards, Vinod

Does UAE labour ban affect my freedom of travel?

Q: I know that I could be having a ban for not finishing my employment contract. Can I travel anywhere else? And if the airline I am using will stop in Dubai when I travel to other countries, is it okay?

Early termination of Tawtheeq office lease contract

Q: I own a business in Abu Dhabi and my office is located in a business centre. The business centre issued a Tawtheeq and I renewed my trade licence. Four months later, I gave a notice to the business centre to leave the office. They said I need to provide them with the new trade licence that has the new office address so they can give me back the 2 security checks and the one-month cash deposit they have. I didn`t rent a new office yet and I understood the business centre managed to cancel the Tawtheeq. However, they still insist on getting the updated trade licence with the new office address so they can rent again the office I was occupying, they said it was what the "Tawtheeq" department asks for. Is this all legal? What are my options? Do I necessarily need to have a new office to claim my 2 cheques and deposit back? Thanks

Status of the tenancy contract when the landlord is changed

Q: Hello, I have just renewed my lease in Dubai a few weeks ago with a property management company, and have been informed today that the property has been sold and I should start interacting with the new landlord. Should I sign my lease again with the new landlord? Can I refuse to sign a new lease and pay all fees again until the lease renewal expires?

Do I have a ban if I did not finish the labour contract with my employer?

Q: Sir, How to know if I am banned from the UAE, and if I am, how many years I might be banned? My case is that I didn`t finish my contract with ADNOC.