Questions & Answers - Legal Advice Middle East

Non-disclosure agreement

Q: I am in the process of setting up my consulting firm in the UAE. I will be using the services of freelancers abroad. I have few questions, I will be getting the freelancers to sign an NDA. What I am unsure about is in the NDA do I only state the following: "This letter and the relationship between the Recipient and Hedsor Advisory shall be governed by, and construed in accordance with, the laws of the United Arab Emirates and any disputes arising in connection with the letter shall be settled before Dubai Civil Courts". If an issue arises where an individual has breached the terms of the NDA and they live abroad, is the case heard in the country the individual is residing in or Dubai where the business is? Is the above wording suffice or do I also need to mention the laws and courts of the country where they reside? Is generic NDA sufficient or do I need to get a custom one drawn up? Regards, Alia

Social allowance in Bahrain

Q: What is the social allowance that need be added to the basic salary to arrive at indemnity salary ref. article 47 of the Bahrain labor law?

Early termination of employment

Q: Dear Sir / Madam, I am working as Project Manager in a consulting firm. At the end of January, our client requested some of the firm`s PMs to be replaced, including me. In order to keep a clean record, I agreed with my company to give them my resignation for family reasons, with a 3 months notice period as per my contract. The resignation was given on 20 January and the last working day would be 20 April. Last Thursday (9 Feb), my company requested an earlier termination, in order my replacement to arrive at work. I accepted their request and when I went to the head office, I was informed that they are not willing to compensate me for the rest of my notice period, until 20 April. Since the amount is equivalent to salaries of 2 months and 10 days, I seek your legal advice on how to deal with that. Best Regards

Setting up contracting firm in Dubai

Q: I`m interested in starting a contracting firm (B class or C class contractor) in Dubai. What will be the approximate cost for the same and what documents do I need to proceed?

Visa and offer letter

Q: Hello, my friend works at the clinic. Her employer (doctor of the clinic) sent her offer, and she signed it, but she never signed the agreement. The initial deal was that she gets a visa then license for beauty therapist. The doctor was forcing her to do procedures without the license, on top sexually harassed her by touching and sending some texts over whatsapp. She wants to quit the job as she is under stress and not willing to work in that environment. Now the doctor says she has to cover all costs for visa etc. Is there a way to avoid that? What are her rights and what she has to do? Pls advise.

Setting up a tourist business in Dubai

Q: Hello! What are the requirements, government expenses and lawyer fees for a foreigner to open a company in Dubai (and alternatively in one of the free zones)? Are there any special licensing issues/expenses that we need to be made aware of if the main activity of the company is Tourism?

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Recovery of end of service benefits

Q: I worked for a DIFC company for a year. The company went into liquidation and since that time (2009) I was not able to get my end of service benefits (AED 60,000). I am contacting the liquidator, sending emails every now and then, but most of the time no answer or the same answer "There is no update, we are trying to sell the company assets. We will update you soon..." How can I recover that money? Please advise.

Employment visa and labour ban

Q: Hi, I was on a visit visa in Dubai in September 2016, I got a job and my employer applied for my employment visa in Oct 2016. When signing contract although I`m a real estate broker and that what is written in my offer letter as well, they put my visa under archives clerk as to avoid the cost of RERA certification. Also, the company was telling me to sell financial products which I have no experience in, so I resigned and left for India as my tourist visa was about to expire, my previous company is not ready to cancel my visa. Does this automatically put a 6 months ban on me and will it affect my ability to get a visit visa as my sister is based in Dubai? Please note that I have not entered UAE on their visa and it`s expired on 17 Dec 2016.

Early termination of limited employment contract

Q: Hi. I am employed by a DMCC company with a limited contract. I have finished 1 year 3 months to the company and decided to leave. As this is a small company wherein operated by just me and my boss, he doesn`t want to release me till we found a replacement. I am serving my 30 days notice period till 21 of this month and on process of finding a replacement (interviews ongoing). My question is if he wasn`t able to find a replacement till 21 of this month, does he have the right to force me to extend my service? He keeps on threatening me that he will file a case and make a problem for me in mediation and labour. Please help. I am willing to pay the 45 days early termination fine. I just want to leave the company. :(

Employment offer letter and work permit in the UAE

Q: Sir, I am currently in India. An offer letter was sent to me by an employer and I have signed it. Later, I came to know that this company tortures the workers and even salaries are not paid in time. I am scared. A week ago, they sent me an email asking me to sign "prerequisite for the issuance of work permit", which I have not yet responded. Will I have to face a ban if I do not sign it? Can they issue a visa for me without me signing it? Please help me.

Early termination of lease contract by the tenant

Q: Hi, I am the landlord, my tenant wants to terminate the contract but he has already paid the rental amount in advance as per the contract. Now that he wants to terminate the contract do I have to reimburse him his money or I am not obliged to legally?

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What to do if employer delays your visa issuance

Q: Dear Sir, I am an Endodontist Dentist from India. I got offer letter on 29 July 2016. The HAAD licence for a specialist dentist was complete on 14 October 2016. I contacted my employer regarding employment visa but every time he gave me an excuse! Now is 23 January 2017 till now there is no proper response from the employer about the employment visa. How should I move out of the situation? What legal procedures can I follow so that the employer either get me employment visa or let me move out to search any other job without getting work ban? Kindly help me in the situation.

Sale of a jointly owned apartment in Dubai

Q: I have the following legal situation with which I would like to seek an advice and potential representation. The facts are as following: myself, my sister and our mother own 75% of shares in an apartment in Dubai. The remaining 25% owns our father, ex-husband of our mother. They recently got divorced in Russia. We are all citizens of Russian Federation. Now we want to sell the apartment, but our father refuses to sell his share of ownership so that to make it impossible for us to receive any income from this apartment. Russian court decided that after divorce each party (mother and father) keeps his/her 25% of ownership. What possible legal options we have in order to be able to sell this apartment? Or what can we do in order to sell our 75% ownership in this apartment?

Visa application charges

Q: Are there any charges for online registration with Dubai Immigration for visa application? My sponsor asking money - AED 4500 for opening an online account. Please advise.

Health insurance claim

Q: Dears, I have a health insurance claim of 50K AED that was rejected by the insurance company because they think it is a pre-existing condition. The health issue was a heart attack that occurred for the first time so it is not a pre-existing condition. I would like to make an appeal on that rejection. I have all the documents (medical reports, invoices...). Best regards.

Positive blood test for cocaine

Q: My brother arrested in Dubai and has had a positive blood test for cocaine.