Questions & Answers - Legal Advice Middle East

Can the employer force the employee to finish the notice period after visa expires?

Q: Hi. I resigned and I have 60 days notice period as per my contract. My visa will expire in 40 days. Should I work for the remaining 20 days after my visa expires? I got an offer from another company. But my present company asks me to work for the remaining 20 days after my visa expires (in visa buffering days). I`m ready to pay for the remaining days. But they not accepting. I need to leave early, What I should do in this case?

Can I move directly to a new job after visa cancellation or I need to leave the country?

Q: My company is forcing me to leave the country after visa cancellation, is it required to leave the country? I`m planning to join a new company here in Dubai during this 29 days grace period that I`ll get after my visa is canceled. But my current company forces me to leave the country and they are saying that there are some liabilities and this will be only cleared in immigration when I leave the country. Is it required to leave the country after visa cancellation or I can switch jobs without leaving the country?

How to get the passport back from an employer?

Q: Hi, I want to know how can we take an order on a petition in Sharjah to take my passport back from my employer. And how much does it cost? My visa is in the free zone but my passport is with the HR department in the head office outside the SAIF Zone.

The maximum notice period employers can put in the contract as per the new labor law

Q: Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month`s notice is required for less than 5 years of service. Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.

Will I be liable if I refuse to work with an employer who harasses me?

Q: I have agreed to be a company director to someone who`s living in UK. I have submitted documents and details of me to the company. The guy I am working with has mental issue and I wasn`t able to provide him help. He swears and speaks ill of me. I told him I am no longer willing to work with him after the way he behaved. He threatened me and said he will file a case against me. Will it be possible as he is in the UK and I am in the UAE? He has my passport details. But I merely did not do anything offensive against him. I have all his voice recordings as proof.

The effect of a traffic accident case on a new visa approval

Q: Greetings, I had a traffic accident case in Dubai court which was cleared today. Today, I paid a fine. My question about the travel ban. Will they remove the travel ban today or not? My company wants to apply for my new visa in Abu Dhabi. Does it affect my new visa approval?

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I have a travel ban. Will a member of my family be arrested for that?

Q: There is a travel ban associated with my passport. Is it possible that a family member with the same family name gets arrested at the border, or is it strictly linked to my passport details?

Filing for divorce by children due to continuous arguments between parents

Q: Hello, I was wondering is it possible for my parents to get a divorce if I (21 years) daughter filed a report against them? They have previously split up in 2019 and went to the family guidance (the report was regarding my father`s physical abuse and cheating on my mother). My dad can’t physically abuse my mom anymore due to court rules but he has been doing it mentally & verbally almost every day now, during daylight and literally after 12 am; it doesn’t matter with him. I started recording some of their arguments when it was clear in June but sometimes it’s not possible so I listen through my AirPods live feature in case I have to step up. He would argue over stupid things like why she won’t go out or accuse her of cheating or money issues, etc. They don’t get along and there is hate in between everything. My siblings and I want them to get divorced; 3 of us are 18+ while the other two are 10 & 15. I want them to divorce or stop my dad from living with us. We are exhausted. What can I do?

Annual leave salary calculation as per the new labor law

Q: Dear sir/madam, Annual leave salary calculation as per the new labor law. Can you please clarify the correct annual leave salary rules? Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get. Can you please clarify? Thanks for your valuable time and kind assistance!

Filing a complaint against a shipping company due to delivery delay

Q: Greetings, I sent a shipment of around 40k of value to France from Dubai on the 25th of August. During the communication with the shipping company, I was informed that it will take 6-7 days. It is the 7th of September today and until now they are unable to give me an update on where my shipment is. Moreover, this delay has cost me extra money on having to postpone the ticket of the receiver in France and his extra stay expenses. Is there any official complaint, or any actions that I can take against such an unprofessional company? Appreciate your reply!

Assistance with clearing a police case and lifting a travel ban in the UAE

Q: Good day! I have rental disputes and got a settlement plan 8 months ago. But I did not pay the settlement because at the moment of applying for the settlement plan, I had a job offer and lost it because of the travel ban and the visa could not be processed. I have another personal police case where I already paid an amount of 18,000 and the claim was 40,000 dirhams. Now that I did not continue paying, the plaintiff put the case again. I have another offer letter now and I want to get a clearance certificate within 48 hrs, or else I might lose this job as well. Kindly advise

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Will an employee visa still be valid when the company trade license is not renewed?

Q: Dear sir/madam, My employer’s trade license is getting expired very soon and he just made me a visa, so will my visa still be valid when the company trade license is not renewed?

The supplier is not delivering the service after payment. What to do?

Q: Dear sir/madam, Our supplier has taken money, and we have proof. He is not delivering for 6 months. Can we put a travel ban on him?

ماذا يحدث في حالة تقديم شيك للبنك وارتجاعه؟

س: السلام عليكم، ما الذي يحدث في حال تقديم شيك للبنك وارتجاعه بسبب عدم وجود الرصيد؟ هل يُفتَح بلاغ في النيابة أم أن هنالك طريقة أخرى؟ وبعد فتح البلاغ، ما الإجراءات التي تتم؟

The consequences of leaving a job due to salary non-payment

Q: Greetings, I am a civil engineer. I got my first visa stamp in Dubai in April 2022 and my visa expires on April 2024. My employer is not paying me a salary for the past 5 months of my Joining. I want to quit my job and find a new one. As it is my first engineer visa stamping, will there be any ban imposed on me? I did not raise any complaint to the labor court. Should I raise a complaint? Please help me out!

How to settle with a bank after the issuance of an absentia judgment?

Q: Dear sir/madam, I have a personal bank loan from a bank in Dubai and I paid for almost 3 years properly. After that, my income of salary is now very less. I stopped my installment. The bank first filed a criminal case and I paid the court fine. Now they have given a civil case and the court made execution. It is an absentia judgment. Now I have a travel ban and an arrest warrant they have given for 505000 AED but my actual balance (without interest ) is only 220000. How can I settle with the bank and how much they will accept to settle? Please advise! Thanks!