Questions & Answers - Legal Advice Middle East

An employer fires his employee without paying the pending dues. What to do?

Q: Dear sir/madam, My boss fired me after 8 months of working for the restaurant and did not pay my last salary for the month of July after he fired me. He delayed the process of my employment visa untill I got a fine of 3500 AED plus the extra hours of work. He did not pay me for 8 months. I have complained already to the labor many times but my boss keeps promising and lying to the labor that he will pay me. What should I do? Do I need to hire a lawyer? I do not have money. Thanks!

How to claim the incentive after resignation?

Q: Dear sir/madam, I resigned from my job and completed my notice period. The company is not releasing my incentive as I have already resigned. However, there is nothing mentioned in the incentive policy. How do I claim it?

How to know if you have a case or travel ban for an old bank debt and when does it drop?

Q: Hi Alona, I had some loans from banks in 2015 which amounted to 400k from 3 banks. Now with the 2022 rule, I checked and there is no criminal case or travel ban against me which is a relief. I plan to re-enter Dubai but I fear that the banks put again another case against me for these old debts based on the new commercial/civil law. Is the debt finished? I don`t want to get stuck in Dubai for old loans. Kindly advise on my possible course of action going forward.

The landlord is asking for a rent increase exceeding RERA rental index. What to do?

Q: Dear sir/madam, My landlord is asking for a rent increase exceeding RERA rental index guidance, and less than 90 days from the end of the existing lease. I have stated that renewal should take place at existing rent and existing terms since renewal notice was not sent at least 90 days before the end of the current term, however, I have agreed to increase the rent as per the RERA index in good faith. However, the landlord`s agent is stating that the landlord can pull out a valuation from RERA and get a 20% increase (instead of 10% as currently asked, and 5% as per the RERA Index). What are my options?

موقف الأبناء الموجودين بالخارج إذا طلبت لجنة تقييم طالب الحضانة حضورهم

س: السلام عليكم، علمت أنه هناك إجراء جديد فيما يتعلق بالحضانة وهو أن يمر الطلب على لجنة تقييم لطالب الحضانة. أنا أب أقيم مع أطفالي خارج الإمارات منذ 4 أشهر. ليس لدي إقامة في الإمارات وغادرت بهم بنية عدم العودة. والدة الأطفال لديها إقامة في الإمارات وإقامة الأطفال على جهة عملها وباقي شهرين لانقضاء مدة انتهاء الإقامة للأطفال بسبب مكوثهم لأكثر من 6 أشهر. سؤالي: إذا رفعت دعوى حضانة، فماذا سيحدث لو أحال القاضي الدعوى للجنة الحضانة والتي تطلب حضور الأطفال وهم في الخارج؟ هل سيتم رفض الطلب أم ما الإجراء في هذه الحالة؟ وشكرًا!

بقاء الوافدة مع أبنائها في الإمارات بعد طلاقها من وافد

س: السلام عليكم، أختي مغربية متزوجة من مغربي ويقيمان بالإمارات. تريد الطلاق لأنها تتعرض للضرب والسب والشتم وتريد الطلاق مع أخذ حقوقها وحقوق أبنائها ومتابعة العيش في الإمارات من أجل أبنائها لمتابعة دراستهم. لديها 3 أطفال وهي حامل على وشك الولادة. هل يمكنها الطلاق والبقاء بالإمارات أم يتم ترحيلها؟

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Can the bank file a civil case after I paid the fine in bounced cheque criminal case?

Q: Hi Lawyer, I had a criminal financial case for a cheque return from a bank credit card for 55,000 in 2020 and paid AED 5,000 fine penalty from the court to remove the case. Now the bank is contacting me regularly asking to settle an amount of AED 400,000. Can they put a case for the entire amount? or the amount which I really owe them?

How can you find out if there is a travel ban on you?

Q: Hi, How can you find out if there is a travel ban? My partner has paid off 10% of the fine in Dubai and has been allowed into the country and has residency. But his employer has not paid him for the past few months and my partner is unable to pay the fines and is unable to leave the country. Surely, if he is not being paid and not finding work, he can leave the country and find work elsewhere to pay off his fines. Is there any way to find out whether the travel ban can be lifted?

I bought a new vehicle from the dealership with a hidden defect. What can I do?

Q: I bought a new vehicle from the dealership [-----] and after 5 min of using the car, an alert popped up. Less than 24h later I informed the dealers of the issue. After struggling with them about it, I finally brought the car to service at their company and they have confirmed the part needs to be fully changed. I’m telling them I cannot accept a faulty car and demand either a refund or another vehicle. So far they’ve been less than cooperative.

What is the statute of limitation for tax crimes in the UAE?

Q: Dear sir/madam, What is the statute of limitation for tax crimes in the UAE? Is tax crime considered a felony or misdemeanor?

How can I reach a settlement with the bank for a mortgage of a jointly owned property?

Q: I have a jointly owned property in Abu Dhabi. The mortgage was defaulted on as I had to leave the property with my children following an assault by my ex-husband. He left the country in 2018 and never paid the mortgage. As I was in the country, the bank filed a criminal case against me, and I was sentenced to 3 years. I won the appeal against the bank and then filed another criminal case a few months later in Dubai. Again, I won and paid a fine. In 2019, the bank started a civil case against me and my ex-husband to have the property repossessed. However, at the time of the purchase of the property, there were no Title Deeds, the bank requires this. I cannot give them the Title Deeds to sell the property and pay back the amount owed to them as my ex-husband refuses to provide a POA. The bank has filed another criminal case against me only for our jointly owned property. I wish to resolve this and pay off the bank and receive any money left from the sale. How can I resolve this issue of the Title Deeds?

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The credit card loan is transferred to a wrong account. What to do?

Q: Dear sir/madam, My credit card loan was transferred to a wrong account. The person is not willing to pay it back. Is there any chance to get back the money? Kindly advise me!

مدة سقوط العقوبة بالنسبة لجنحة إعطاء شيك بسوء نية

س: السلام عليكم، كم المدة بالضبط في الجنحة لسقوط العقوبة بدولة الإمارات؟ عندي جنحة إعطاء شيك بسوء نية.

تقادم الشيكات عند فتح قضية تنفيذ عام 2022 لدعوى شيك مرتجع أقيمت عام 2013

س: السلام عليكم، أود الاستفسار من أصحاب الخبرة. تم فتح قضية مدنية بتنفيذ شيكات ومنع من السفر بشهر ٩ /٢٠٢٢ بدعوى شيك مرتجع بدون رصيد في سنة ٢٠١٣. ما موقف القانون من تقادم الشيكات؟ وهل أستطيع رفض الدعوى بناء على قانون تقادم الشيكات في الإمارات؟ أرجو الإفادة وشكرًا جزيلاً!

Removing a criminal police case to return to the UAE

Q: Dear sir/madam, I owe a bank for a personal loan in Abu Dhabi. I have since left Abu Dhabi. I have contacted the bank and they will not negotiate, however, I find myself needing to return to the UAE. I have had contact with a debt company in the UAE that claims that for a price, they will remove the criminal police case by clearing the fine that was issued giving me a clearance letter, therefore allowing me to return. Is this correct? Can they do this via power of attorney?

Traveling to the UAE on a visit visa while a credit card loan is unpaid

Q: Hi dears, I have a credit card loan from the UAE 2 years ago. Now I want to come to the UAE on a visit visa. How to check my travel ban?