Questions & Answers - Legal Advice Middle East

New job, similar industry: Can my former employer sue for breach of non-compete?

Q: Dear Sir/Madam, I had a contract with my former employer that had a 3-year non-compete clause. This was an internal company contract. I later signed another contract with the Dubai Media City Authority, which only mentions that my non-compete is limited to the territory of Dubai. Which contract am I bound by? Additionally, the line of business is different between my former employer and my new employer. However, my former employer is saying that they will take legal action and file a case against me. My new employer has a business within their group umbrella that is similar to one of the products of my former employer. Can I be held legally liable?

صاحب العمل يطالب بدفع تكاليف التدريب. هل هذا قانوني؟

س: السلام عليكم، أعمل في القطاع الخاص بعقد عمل سنوي محدد المدة (عقد داخلي ودوام جزئي). قدمت استقالتي قبل انتهاء العقد بشهر وذكرت في رسالة الاستقالة أنني سأدفع بدل فترة الإخطار. صاحب العمل أخبرني أنه يجب عليّ دفع مبلغ 5 آلاف درهم كلفة تدريب وقد وقعت على ذلك في العقد وأنا أظن ذلك، لكنني في الواقع لم أتلقَّ أيَّ تدريب من جهة ثالثة، فقد علمني الشخص السابق في مكاني بشأن العمل فقط. لذلك هل يحق له فعل ذلك؟ وإن لم أدفع المبلغ له، فماذا يمكنه أن يفعل؟ شكرًا لك!

Overstay fine for deceased daughter in UAE: Can it be waived?

Q: Good day! My question is about the overstay fine for my daughter, who passed away in 2021 and was born in December 2020. Her visa was under my sponsorship and was issued in Dubai. She was cremated in the UAE after her death. We did not know what to do in cases like this at the time, and we still do not. When I checked the ICP website, I saw that she already has a fine. What should I do? Is there a way to request a waiver for the fine, which is currently around AED 7800? Please help us with this matter. Thank you!

My brother was caught in a drug related charge. What will be his punishment?

Q: My brother is 23 years old & he was forced by one informer who was texting him day & night. When he blocked his number, he tried calling him in fear. He went to meet him and got caught by CID with crystal meth. Now he is in prison. What would be his punishment & will there be any chances of direct deportation without imprisonment?

Can all property and money be considered equally owned after marriage?

Q: Dear Sir/Madam, Conditions in Sharia marriage contract My future husband (a Muslim expatriate) and I are going to register our marriage in the Sharia court in Abu Dhabi. We have agreed that all property and money acquired after the date of marriage will be considered matrimonial and belong to both of us. I would like to include this in our marriage contract. Would the following condition be valid: "The property and assets gained by one of the spouses starting from the date of marriage are considered to be a matrimony property/asset and belong to both spouses equally."? Please let me know what are some examples of valid conditions that can be included in a Sharia marriage certificate. Thanks!

UAE labor case: Do I need to pay to send the notification to the defendant?

Q: Hello team, I have registered a labor case against my employer in Ajman, UAE through the Ministry of Justice (MOJ). I have received an e-meeting notification. Now, the typing center guy is asking me for extra money to send the notification to the defendant via Aramex. I need to know if this is a mandatory step. I thought the court would notify the defendant and send the paper notification. Please let me know, as I am not sure what the next steps are.

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Employer demands AED 5,000 training fee upon resignation - is it legal?

Q: Dear Sir/Madam, I work in the private sector with a fixed-term annual employment contract (internal and part-time contract). I submitted my resignation one month before the end of the contract and mentioned in the resignation letter that I would pay the notice period allowance. The employer told me that I had to pay an amount of AED 5,000 for the training cost, and I signed. I think this is in the contract, but in reality, I did not receive any training from a third party. The previous person in my place only taught me the work. So, does the employer have the right to do that? If I do not pay the amount, what can the employer do? Thank you!

I was deported from the UAE and cannot continue to pay my loan. Will they file a case against me?

Q: I have a pending loan of AED 100k. I have been paying all my payments until this month, and I was deported from the UAE. Will they put a case if I don`t pay this amount?

My wife is working in a bad work environment. What can she do?

Q: Salam Alaykom, My wife just came to Abu Dhabi. Let`s skip the fact that her company is so bad, they took too long to prepare her documents. Eventually, she got her visa and the flight was paid for by her company. She has 4 years of experience, but we were surprised to find that her initial salary offer stands at just AED 3500, no benefits, no nothing! She is required to work six days a week, with 8 hours each day, and there is no possibility for remote work. She went to work today. I stopped a taxi for her and the taxi was AED 100, so her job is far away from where we live. She showed me the place, it`s dirty and not a work environment. She also told me it smells bad. Anyway, I have to save her from that place. So please let me know what can we do.

Is it illegal to capture a video and report someone's bad behavior to his employer?

Q: Is it illegal to report someone`s bad behavior to his employer in the UAE? He`s making too much noise late at night causing a disturbance to another room outside the company`s premises. I will take a video of their loud activity and email it to the HR of his employer.

What to do if my employer claims back an amount I took then returned?

Q: Hii I have been working in a company for more than 1.5 years in sales and there were two transactions from the client that I took into my friend`s account, as we usually do sometimes to make a commission from the customer. But I returned the whole amount to the company which was 64k and I have a receipt of 40k but I paid 24k in cash. Then after 2 months, I resigned from the company for some personal reasons. I was the performer of the company and they won`t let me go then they started investigating me when they knew about these transactions, but they used it against me in the police and court as well. They did not have any proof or evidence to prove that they hadn`t received it, so they took an oath of AED 24k. Now, the court has passed the judgment for 24k and I need to pay now. There is yet a police case that is in prosecution but I am scared of what can be judgement in that scenario as per your experience. Kindly revert

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How to pay wages through the Wage Protection System (WPS)?

Q: Hello! We would like to pay wages through the Wage Protection System (WPS). We have opened a bank account and registered with WPS. What application should I write to the bank in order for the bank to be an agent for transferring salaries to employees?

The legal notice to the tenant via notary public was not handed. Did I have to send it by email?

Q: Respected Lawyers, I am a landlord and my tenant did not pay the rent. I issued a 30-day legal notice through the notary public. The Dubai Courts authorized service provider Aramex pasted the notice on the unit door as nobody opened the door to accept the notice. At the same time, I did not send the notice to the tenant through email. My question is will the RDC judge accept this as the notice has been served based on Aramex`s acknowledgement? Kindly advise

Dubai consultancy refuses to refund money after failing to secure Poland visa

Q: Dear Sir/Madam, I applied for a Poland job through a Dubai consultancy in 2020 and paid all of the required fees, totaling AED 11,000. The consultancy then released my work permit for Poland, which expires after one year. They then said that they would apply for my Poland visa from the Poland embassy, and I believed them. However, when I messaged them about my visa because my Poland work permit is about to expire, they suddenly asked me to pay an additional AED 3,750 to apply for a new work permit. When I said that I do not want to pay and that I would like a refund, they said that they will not refund my money. Please advise me on how to get my money back. Thanks!

Agency asks for upfront payment for visa and work permit. Is it a scam?

Q: Dear Sir/Madam, My husband sent his resume online to a company. He received an offer for the job reference number (00000000). The contract states that he must contact a specific agency for the visa and work permit. The agency is now asking him to pay USD2,350 for the visa fee and processing. What strikes me as fishy is the mode of payment: bank transfer, Express Money, Ria transfer, or MoneyGram transfer. They instructed him to let them know when he is ready with the payment, and then they will send him the payment details. Thank you!

Is the Dubai Land Department Rent Valuation certificate for new tenants and renewals?

Q: Dear Sir/Madam, Is the Dubai Land Department Rent Valuation certificate for both new tenants and renewals?