Questions & Answers - Legal Advice Middle East

Recalculation of end of service benefits

Q: I joined the company in April 2000 and now I am leaving the company. Just to let you know that in 2009 the company had given every employee their end of service benefits and made everyone sign one paper. My question is that during that time my basic salary was less but now it has increased. As per now, it looks like the company will only pay the end of service benefits from 2009 till date. I want to know if I am eligible to get the increased differences of my basic salary from 2000 to 2009 additionally. Thank you

Refund of DLD registration fees in case of cancellation of SPA

Q: I bought an off-plan property. After completion, I found out that the property didn`t correspond of what I have signed in the SPA. I withdrew from the contract. The legal consultant of the company claims that I`m not entitled to have back my 4% which I have paid to DLD. As I never became in possession of my property I am wondering if I can claim back my 4% which I have already paid due to the fact that the property under my name needs to be deregistered? Thanks in advance for your help. Best regards

Photography copyrights

Q: Dear Sir, I am a professional photographer. I want to get my photographs protected worldwide. How is it possible? And what all documents are needed? Many thanks

Can I quit the job if I didn't sign any documents yet?

Q: Hello, My question is: I went for a job interview in Dubai based very small company. They gave me an offer only verbally (no offer letter, no signed contract), I accepted. I worked for 2 days only because I did not like the job. I have also given my passport copy (only 1st page) and my visit visa copy. Now company owner says my visa is under process. Can I leave this job now? Can I go back to my country?

Amendments to the Law No. (23) of 1991 On the Regulation of the Legal Profession

Q: I have read somewhere that Federal Law No.23 (1991) regulating the legal profession has been superseded by Federal Law No.3 (2012) regulating the legal profession and Decree 666 (2015) regulating the legal profession. However, I cannot find these newer laws on this website. Would a knowledgeable lawyer confirm this and explain how the articles covering conflict of interest between lawyer and client have changed? In particular how article 40 of Fed Law No.23 (1991) has been amended.

What to do if your employer forces you to sign the agreement

Q: The employer says if you do not sign the Agreement you will not receive your entitlement. What law does this violate? *This is used so the employer can force an employee to sign.

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Questions regarding Qatar labour law

Q: Do you know Qatar labor law? I want to know about the exact laws numbers and articles. If quitclaim agreements or Employee Waiver Agreements are not legal in Qatar, what law does this violate? *Employee Waiver is used so the employer can waive entitlement of employees. When Check/ Cash Voucher Waiver Agreement is not legal in Qatar, what law does it violate? *Check/ Cash Voucher Waiver is used so the employer does not go through the WPS. The employer says if you do not sign the Agreement you will not receive your entitlement. What law does this violate? *This is used so the employer can force an employee to sign. When Employees sign the employee waiver agreements and the employer did not pay. In the Court the employer says: look, I paid. What can employees do to prove that the employer did not pay? *This is used by some employers that can use some Courts to overlook the law and say the document will suffice to close the case.

Can your bank loan affect your end of service benefits?

Q: If you are fired from your job of 10 years and you have a loan, what will happen with UAE law? Can you lose your end of service benefits?

Termination of tenancy because of noisy neighbours

Q: Hi Lawyers, I badly need some help with regards to my tenancy contract in Sharjah. Basically, I am staying in my current apartment for almost a year now (I just renewed last June 2017 for my 2nd year contract). However, recently there was a new tenant who moved into the same floor with us (just a few units away from my unit). To cut the story short their kids are making noise on our floor. I have reported the issue to the building management which they took action, however, after few months the kids are starting to make noises again which really are affecting our privacy. Now, I have finally decided to cancel my contract with the company and I was hoping I can do it in a legal way. Will I get a penalty for doing this? Also, will I be able to take back my post dated check with them? I was thinking maybe moving to a new unit (1 bedroom) in the same building or whatever the company can offer. Thank you in advance.

Labour complaint and liability of the employer

Q: My husband filed a labor complaint in court and the demand was 200,000 AED including the delayed salary (6months)+gratuity+reimbursement claim for medical insurance under company + immigration fine due to the failure of renewing his visa. The court judgment is only 46,000 and his salary as per contract is 9,000 while the current salary where most of the delays were made is 12,000 AED. What is the basis of judgement in your opinion? Did they base it on BASIC SALARY for the delayed + gratuity? Do we need to appeal against the court decision, because we are afraid that we might lose even this money as we cannot afford to hire a lawyer? Moreover, we paid the immigration fine of 10,000 AED from our pocket as they said it has nothing to do with the case. Can you please enlighten because of what his company did to us lead us to lending money and we are expecting at least to get the 6 months full salary + gratuity and the fines that we pay for overstay due to this company.

Travel ban check

Q: I want to know is there any Travel BAN for me. I didn`t pay my credit card payments for 3 months, I am still in the U.A.E. I am going to India for annual vacation for one month. I`m trying to settle one credit card amount and I also missed last month payment for a 2nd credit card. Is it correct, If I have AED 150 due on Etisalat bill I can`t go outside the U.A.E.?

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How to lift one-year labour ban

Q: Hi Sir, Myself Rijo, presently I am facing one-year labour ban (as per my knowledge and same mentioned in cancellation paper too). Now I have a new offer with DMCC free zone but things were not processed because of this ban. DMCC asked me for the immigration clearance. How can I clear this? My previous contract was under limited term so even salary basis also is not helping me. From other sites I came to know it is possible but still have no idea how, so can you suggest me a solution?

Car selling fraud

Q: I had a deal with a transport company to buy a vehicle. I had given them post-dated cheques to hand over the vehicle to me. After that, neither they handed over the vehicle nor returned the cheques. I tried to contact them but all in vain. In the end, I had registered a case in Dubai Courts. The case was referred to AMICABLE Disputes Department. No one from that company came for the hearing. A guy in AMICABLE Department told me that they tried to contact the company on contact details e.g. mobile number, landline and fax & physical address provided on their trade license but could not have a contact. So I was told that the case will be referred back to Dubai Courts and I need to get a hearing date from the Judge. Yesterday I approached the bank and asked them if I can block the issued cheques and I was told that yes, it can be done. My question is that, will it be a wise step to block the cheques and continue the case in court? Kindly suggest. Thank You. Regards.

How to release your passport from the court

Q: I have given my passport to release a friend last year and he is not unwilling to put his passport down to release my passport. Now, my visa is expiring and I need to renew my visa. What can I do?

End of service benefits for employees in Bahrain

Q: If an employee resigns before completing one year of service in Bahrain, is he entitled to an end of service benefits?

How to renew visas for your family if you have a ban

Q: Yesterday I went to renew my kids` visas and only to find out that I have a ban. Can you help me in this matter?