Questions & Answers - Legal Advice Middle East

How can I file a complaint against an immigration agency for breach and closing company?

Q: I would like to know how to file a complaint against an Immigration Services Agency for CANADA AIP RNIPP application in Abu Dhabi. I paid AED 9000 and I did not receive assurance from them afterwards. They were not answering my calls and not replying to my email. I went to their office in Abu Dhabi and it was already closed. Please advise.

Financial firm wants to change investor contract; I disagree. What now?

Q: Dear Sir/Madam, I had invested in a financial firm registered in DED. It is a secured product, and a fixed monthly return was guaranteed as per the contract. I received returns regularly from September 2021 till December 2023. Now, somebody has complained to DED against the company for crowdfunding and using money for trading. The company is in the process of obtaining a DIFC license. They want to change the existing secured product contract to an unsecured product in which the company is not liable for loss. For the same, they are now forcing me to sign a new addendum to the existing contract, which I am not ready to do. Returns have stopped since January 1st.

وقَّع تعاقدًا ثم يحاول التهرب منه. ما العمل؟

س: السلام عليكم ورحمة الله، أريد معرفة الوصف القانوني لمَن يوقِّع تعاقدًا حصريًا ثم يحاول التهرب منه بأي وسيلة ويرسل رسائل واتساب بصوته يقول: `أنا لا يلزمني عقد" ويقول "أنا لا ألتزم بعقد". شكرًا جزيلاً!

I bought a tenanted unit, and it is sublet. Can I get compensation?

Q: Dear Sir, I bought a tenanted unit, and the tenancy contract was signed by one person. Shortly after, I found out that more people are living in the unit, and the tenancy contract doesn`t allow subletting. I contacted the phone number in the contract via WhatsApp, chatted with a woman, and highlighted the problem. She referred to the men living in my unit as "tenants." At the end of our conversation, I learned that she is not my tenant. The tenant in my tenancy contract is a man, and I`ve received his Emirates ID from the previous owner. He doesn`t live in the unit, and the phone number and email address in the contract, given as his, are not his own. Is this legal? Is the contract still valid? I would like to give my tenant an eviction notice because of subletting. I`ve found online that I have to give him a 30-day notice. Is that correct? Is there any rental penalty for the breach of the contract? Can I get compensation for my legal costs? Thanks!

Is a resignation issued outside the UAE considered valid?

Q: Dear Sir/Madam, I recently informed my employer that I would be working remotely due to personal reasons and I left the UAE after informing him that I would be leaving for a few days. I was unable to resolve my personal issues and submitted my resignation remotely while outside the UAE. I sent the resignation letter by e-mail. My Employer now claims that my resignation is invalid as it was not issued in the UAE and is claiming I have committed gross misconduct. I assume this is with a view to dismissing me before I have completed my notice period. I have continued to work while I have been outside the UAE, and my employer is aware of this. I am returning to the UAE this weekend to complete my notice period. Is it possible for my employer to dismiss me for gross misconduct in these circumstances, given that I submitted my resignation first?

I have a misdemeanor case. Is it possible to get a guarantor and leave Dubai?

Q: Dear Sir/Madam, I have a misdemeanor case, and the lower court has already given a verdict in my favor. Now the case is in the upper court. Is it possible to get a guarantor and leave Dubai? As of now, I only have a travel ban, and I am on a visitor visa.

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Company hides leave balances. What is the UAE law regarding this?

Q: Dear Sir/Madam, Starting this year, my company decided to hide all previous annual balances of the employee from the system. When I asked HR how many leave credits I have left before this year, I was told that they can only provide me with this information if I intend to leave the organization. Is there anywhere in the UAE law stating that the staff has the right to know the exact days of annual leave she has, regardless of whether she will utilize it or not? Or is it mentioned that the company has the right to withhold this information from the employee during tenure? Currently, the system only shows the maximum 30 days allocation per year that the staff can take. Last year, the option to see everything was available. Please help. Thank you!

Job offer requires upfront payment for visa. Is this normal?

Q: Hi, I have received a job offer in Dubai as a Senior Data Analyst for a company based out of India and they interviewed me for the Dubai location. I`m totally confused as the company asked me to pay for the visa and the work permit in the UAE. I have also paid around 56K and they are asking me to pay more 50K so that they can immediately start the visa process etc. The sum would be repaid at the beginning of the work in Dubai. This is strange because I have never advanced money for a work permit when I worked in Malaysia or Singapore. Please do assist. Thanks!

Old loan causing work trouble. Paid partially, no confirmation. What to do?

Q: Dear Sir/Madam, I had a loan from a financial institution a long time ago. A year ago, someone called me and said I could pay any amount, and they would confirm my payment. After paying for a few months, they didn`t confirm, and I cannot reach the person. Now, they are bothering me again at my company. What should I tell them? I`m afraid of losing my job.

Taking a video of someone for self-protection from harassment

Q: Dear Sir/Madam, Is it legal to take a video or photo in the UAE of someone for protection, for example, if someone is harassing you?

13-year-old unpaid design services - can we still file a case?

Q: Hi, I am working for an Architectural and Engineering Consultancy in the UAE. We carried out design services for a Real Estate Developer around 13 years ago and there are still payments that have not been settled to date. I would like to enquire about the following: 1) Is it still possible to file a legal case against the Real Estate Developer according to Article (473) of the UAE Federal Law 1985, stipulating a time limitation of 15 years? 2) Does Article (475) of the UAE Federal Law 1985 apply to Architectural and Engineering firms? I understand it applies only to individuals since the time limitation under this Article is 5 years only which contradicts Article (473). 3) What is the time limitation for Architectural and Engineering firms to raise a legal case/claim against a Real Estate Developer for works completed but not paid? Thank you!

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Can I limit property visits since the landlord is selling?

Q: Dear Sir/Madam, I have a clause in my contract indicating that: "Landlord may exercise his right to show the property to prospective buyers and potential new tenants - in case of non-renewal of this contract - with 24 hours notice to the tenant during the period of the tenancy contract." My landlord decided to sell the apartment and sent me an eviction letter. He is arranging visits via a couple of real estate companies to show the apartment. However, the number of visits is more than I would like to have. Can I limit the number of visits to, let`s say, "once a month"? Thanks!

Who is responsible for overstay charges during a labor complaint?

Q: Dear Sir/Madam, I have worked in the UAE for 2 years and completed my contract. I notified the company a month before my contract expired, expressing my decision not to renew. When the contract ended, I refused to sign the cancellation paper because the company declined to pay the gratuity and other pending salary. I filed a complaint with the labor authorities. With 7 days left for my visa to expire, I am unsure if I will be charged for overstay or if it is the responsibility of the company. Kindly advise!

What can I do against somebody sending threatening messages to me on WhatsApp?

Q: I would like to seek help from a lawyer. One person is continuously abusing and threatening me and my family over WhatsApp by sending a voice note in my mother tongue from a UAE number but unfortunately, I am out of the UAE. Can I take action against him in the UAE? Thank you

How to collect the amount of an invoice from a client who keeps delaying payment?

Q: Hello, We are providing services to our customers in 2022 and 2023. Our accounts staff sent the client a copy of the invoice, but they delayed it, so they were unable to make the payment. Is it possible to collect the amount from them?

Can I renew my tourist visa if there is a pending application for an employment visa?

Q: Hi. Can I renew my tourist visa if there is a pending application for an employment visa? Shukran!