Questions & Answers - Legal Advice Middle East

A tenant defaulted on rent. 30-day notice or eviction?

Q: Hi, My tenant has not paid the full installment of the last rent payment—AED 5000 left. He hasn`t paid the last two months of the Empower bill, and it`s now disconnected. I have a cheque bounce report from the bank due to insufficient funds. Additionally, I caught him overcrowding the unit without my permission. Although he promised to leave on Nov 30 (the last day of the Ejari contract), the Ejari has expired, and he is still in the apartment. Do I need to send him a 30-day notice, or can I request an eviction notice? Is there any 3-day notice?

If defendant forges a document, any fees for plaintiff's forensic analysis request?

Q: Hi all professionals, I need your help with a scenario. If a defendant has submitted a forged document in court but the plaintiff has the original copy of the same document and requests the court to conduct a forensic analysis on the defendant`s fake document, will there be any extra fees subject to be paid by the plaintiff? Thank you!

Requesting additional fees due to cheque postponement. What should I do?

Q: Good day, I requested the lessor to divide my upcoming cheque into two payments instead of the full amount on the 1st of December. I paid 50% on 1st December, and the second payment was scheduled for 30th December. However, they considered it as a cheque postponement and asked for an additional fee. Upon reviewing the contract, I found point number 8 states that a cheque postponement request will be subject to management approval, and it doesn`t mention any extra fees—just approval. Is this normal, and should I pay for it, or not? Please help!

Won a labor court case, but the employer does not comply. What to do next?

Q: Hello Everyone, I won the case in the labor court, and filed for execution, but the employer has not submitted the amount owed and my passport to the court. Consequently, I placed a block on his trade license and bank accounts. However, he is still unwilling to comply with the court`s decision. Can you please advise on what I can do next?

Should the employer provide a return air ticket to an employee upon resignation?

Q: Good evening, I worked for a company for 2 years and 8 months without taking any vacation. However, when I resigned to go home, the company informed me that I should purchase the air ticket myself. I would like to inquire if the company is not supposed to provide the air ticket for me.

If a husband skips the online reconciliation session, does it delay the divorce?

Q: Dear Sir/Madam, I requested divorce (we are Muslims) and I have the reconciliation session online in the first week of January. However, please, if someone can help me with this doubt: What happens if my husband doesn`t attend the online session? Will it take more time to get the divorce? Thanks!

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Is a working woman eligible for maintenance from her husband upon separation?

Q: Hi, I am an Indian National married to an Indian in India and I am currently not residing with my husband. I stay separately with my son. I have a few questions regarding my case: 1. My request for temporary maintenance towards me and my son was rejected because I am working. Why isn`t maintenance given to working women, and how does this affect the final judgment? 2. How long does it usually take from the witness hearing to get the final judgment? 3. Will local courts accept Indian laws if submitted, even if the other party disagrees? 4. If the case goes to the appeal court, will it cause a delay in receiving the money granted during the initial hearing?

How does using foul language on WhatsApp affect a divorce case?

Q: Dear Sir/Madam, What impact does using foul language on WhatsApp, even in a non-serious conversation where the parties are not having serious discussions, have on an ongoing divorce case? This includes using the F-word and others.

Can an employer file an absconding case against an employee after termination?

Q: Dear Sir/Madam, Can an employer file an absconding case against an employee after they have terminated the employee from their contract and canceled the employee’s visa? The employee is on the last day of his grace period and will be paying fines effective tomorrow as he has not been able to renew it due to personal circumstances.

Can an employer deny annual leave pay because it falls in the notice month?

Q: Dear Sir/Madam, My notice period falls in the 12th month of my second year of service. So, they have to pay me my annual leave salary, and the same month will be my notice month as I will be resigning. Can they reject paying for annual leave because it falls in the notice month, and they will need me to work during that month for handover?

What is the procedure for accepting a new job offer while currently employed?

Q: Hello, What is the procedure for accepting a new job offer while currently employed? Also, legally speaking, should one accept a MOHRE contract or a company contract? Some suggest that when currently employed, a new company cannot provide a MOHRE contract until the visa cancellation is complete and the notice period has been served. Thank you!

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UAE woman seeks escape from mental torture at home, can she take her brother?

Q: Dear Sir/Madam, I am a 21-year-old female residing in the UAE. I have a job and am capable of supporting myself. I want to move out of my family`s home because I am experiencing mental torture, and I no longer wish to live with them. I have a 13-year-old brother who does not attend to school due to my parents. Is there a way for me to move out of the house with my brother?

Is the absconding ban a lifetime ban or a temporary ban?

Q: Dear Sir/Madam, If a company files an absconding case against an employee outside the UAE: a) Is the absconding ban a lifetime ban or a temporary ban? b) Does the absconding ban also expire automatically with the period of a labor ban or immigration ban?

A company failed to deliver the promised freelance visa. How can I get a refund?

Q: Dear Sir/Madam, I paid money to a documents clearing company in Dubai to process a freelance visa for me. After receiving payment, they kept delaying and didn`t even start the process. Doubting their intentions, I have demanded a refund of my payment, which they are now delaying as well. They keep promising they will do it in a day or two but are not keeping their word. I have payment proof in the form of an invoice issued by them and proof of the refund request in a WhatsApp conversation, where they repeatedly say they will do it but have not followed through. What action can I take against them to recover my money?

Can a company file an absconding case while the employee is outside the UAE?

Q: Dear Sir, I am currently outside the UAE for one and a half months. I received a notice from my company manager stating that they are filing an absconding case against me. They have canceled my visa. I checked the ICP Smart Services portal for visa status, and it currently shows the status as "canceled". I was employed in a RAKEZ company, and my visa (Limited Contract) was issued by the RAKEZ authority. My questions are: 1. Can the company file an absconding case while the employee is outside the UAE? 2. Can the company impose a lifetime ban on me for re-entry into the UAE? 3. Can the company cancel the residence visa before six months of completion while the employee is outside the country? 4. What will be the status of my ban, if they put an absconding ban on me? Thanks and regards,

Can I work in other countries besides the Middle East if I have a loan in the UAE?

Q: Dear Sir/Madam, I worked in the UAE, and unfortunate events occurred. I went back home without submitting a proper resignation and didn`t have a chance to pay back my credit card since 2011. I applied for work in Saudi Arabia and found out that I`m blacklisted or have a travel ban anywhere in the Middle East. Can I work in any other country besides the Middle East?