Questions & Answers - Legal Advice Middle East

What can you do if you get arrested for carrying prohibited substances at the airport?

Q: Hello, My brother`s brother-in-law was arrested at Fujairah Airport, as he was carrying 25 bottles (each of 10 Grams) of new shama kamini vidrawan ras. This is an ayurvedic formulation that promotes sexual wellness. The ingredients help to enhance libido in men. As he (brother`s brother-in-law) informed police that my brother asked him to carry this ayurvedic medicine, as he (my brother) wanted to gift it to his few friends, as this is cheaper in India. As of now, both my brother and his brother-in-law are arrested by police stating that this medicine contains drugs and is kept in Fujairah Central Jail. It`s been more than 15 days since my brother`s brother-in-law (arrested on 26th June), and more than one week since my brother`s arrest (6th July). Now, I don`t have any idea or information about what will happen and what the current status is. Your kind advice and help will be highly appreciated. Thank you.

The new landlord is increasing the rent and the tenancy contract is not registered in Ejari. What can be done?

Q: Good Afternoon, I have a new owner who has taken over the building from the previous owner. The new landlord is increasing the rent from 34000 to 44000. With add-ons like commission, deposit, and admin fees. I didn`t receive any notice for the renewal as per the law (90 days prior to the expiry). Our building is not registered in the RERA rental index. The previous landlord didn`t provide us with the Ejari, but I have a contract from him. What can be done? I need your advice.

Why is my cousin in Sharjah CID custody for 3 days without charges?

Q: Hi, My cousin has been taken into custody by the Sharjah CID police, and when asked, they said “suspicious.” He has not done anything and has no cheque case. It’s been 3 days since he has been under police custody.

Visa cancelled, salary unpaid. How to check if my UAE employer filed absconding?

Q: Hello, My visa has automatically been closed since I’m outside the UAE. But my company didn’t pay me the final month’s salary and settlement. I submitted my resignation from outside the UAE, as the company suggested I take a leave instead when I resigned from there. Now I filed a complaint through MOHRE customer service for the salary, but the response was that they couldn’t find any issue. I’m not sure how the company cancelled my visa without clearing the payment. How can I check if they have filed an absconding case?

Terminated without warning for unsatisfactory performance. What are my rights?

Q: Hello, I have been terminated by my employer suddenly with the reason of unsatisfactory performance; however, I did not receive any feedback in this area. In fact, I received an increment last month with no prior warning letters. I am really shocked by this decision, and during the meeting, I was pressured by the line manager and HR Director, due to which I got overwhelmed and signed the termination. They gave me a 3-month notice period under Article 43. Also, in my EOS calculation, they only included the gratuity but did not add the annual leave pay or the 3-month notice period salary. It’s my third year in the organization, and I am on company sponsorship under a limited contract. I want to know my rights as an employee and what action I should take in this regard.

Can I appeal to recover the fines paid for hiring an employee on a visit visa?

Q: Hello, I have received a fine of 50K as an owner for appointing an employee on a visiting visa, and the employee received a 10K fine. It has been paid. Please advise if there is any possibility of getting this money back by appeal. This is my first fine ever, and the employee’s visa has now been stamped.

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I made a complaint about my stolen money and could not attend the hearing. Will I be penalized?

Q: Salaam alaikum, I made a complaint at the police station in Barsha about my stolen money 2 months ago. I left the country for a short while soon after that, but since I don`t know the process, I got missed calls from Dubai prosecution and a message from them to visit them on June 15th. I didn`t go since I was outside the UAE, and when I called them back, no one answered the call. Anyhow, 3 days ago, the Dubai Public Prosecution portal shows the person was sentenced for theft, and I also got a message that a judgment has been passed. I just want to know if I`ll be penalised for not attending prosecution, or stopped at immigration when I`m returning. Jazakallah Khair!

Why is my Abu Dhabi police clearance certificate still under review?

Q: Hello, I applied for a police clearance certificate in Abu Dhabi on Tuesday this week. Up to now, I haven`t received it yet; the status is still under review by the concerned party. Please guide!

Can I cancel the deal if an advertised 2-bedroom apartment is officially a 1-bedroom?

Q: Hello, I`m in the process of buying an apartment. The apartment was listed as a 2-bed, and when I asked to see the floor plan, it was marked as a 1-bed. I was told by the agent that this was a mistake/mislabel and that the seller is trying to get it fixed. In the process of obtaining the NOC from the developer, the apartment was again listed as a 1-bed, and when I asked for it to be updated, the developer mentioned that the apartment is officially registered as a 1-bed. Since it was spacious, it was offered as an internal modification, but the official classification is 1-bed and that can`t be changed. I checked with the DLD, and the apartment is registered as a 1-bed as well. I was not aware of any modifications and was not told any of this by the agent when signing Form F. Are the above facts grounds for me to back out of the deal, or does the classification not matter in this case?

Can a CEO sue for defamation just because I reported his misconduct to HR?

Q: Hello, I work in Abu Dhabi in a non-managerial position. I got into an argument with the CEO of the company, as he was blaming me for something that was not my fault or within my control. He then proceeded to tell me I would be written up for it. My immediate manager is on leave, so I informed him and went to HR to file a complaint of wrongdoing. He then immediately terminated me and told me that he would sue me for defamation. How is it defamation when I only brought the incident to the notice of the two people who are supposed to be involved anyway? Who do I speak to, and can I take him to court?

Who covers accommodation while switching jobs in the UAE?

Q: Hello, I resigned from my previous company after receiving a good offer within the UAE, signed the new offer letter, and served my notice period at my previous company. Whose responsibility is it to provide me with accommodation until my new employment visa is ready?

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Can I get my overstay fines waived after a case was recently closed?

Q: Hi, I would like to seek legal assistance. I am currently overstaying due to a complaint registered against me last year, which was not closed even after it was settled. Only today, I received a letter from Dubai Prosecution about the lifting of my travel ban and the closure of the case. Is there any way I can file to claim a waiver for my fines or at least a fine reduction? I only came to know about this case/complaint when I was trying to renew my visa last April, and due to this, I was not able to renew it on time. Please assist. Thank you!

Our CEO made a defamatory comment about me to our staff. Can I file a complaint?

Q: Hello, Our CEO made a defamatory comment about me to our staff. Can I file a complaint?

Is health insurance required for Golden Visa holders?

Q: Dear all, Is health insurance required for Golden Visa holders? They are not employed by a company and do not work in the UAE. Please provide the reference to the applicable law or a source confirming this. Thank you!

I received a notice from Dubai Court’s Amicable Settlement. Can I negotiate the payment terms?

Q: Hello, I received a notice from the Amicable Settlement Department at Dubai Court regarding a financial amount I need to pay to an individual who lent me the amount. I’m willing to pay it back; however, I am negotiating the payment terms. I have two questions: 1. What is the procedure of the Amicable Settlement Department, as I only received a notification without any other information? 2. Will I be able to negotiate a settlement, and how? Please advise. Thank you!

The agent promised me cashback, but he’s left the company and they won’t pay. What can I do?

Q: Hello, An agent from a company in the housing space promised me a percentage cashback from the brokerage if I booked the house through him. He sent this understanding via both his company and personal email. After regular follow-ups, he paid a certain percentage but claims the company is not willing to release the remaining amount. The agent has since left the organization and started his own business, and I am left hanging to deal with the company on my own. I have never visited or had any contact within the company. Please help or guide me in the right direction, as the amount is my hard-earned lifetime savings and is considerably large.