Questions & Answers - Legal Advice Middle East

How can you come back to the UAE without trouble if you left with a pending loan?

Q: I would like to ask about the situation of my friend. He got a loan in the UAE and because of the Covid, he lost his job. He went back to the Philippines and now he wants to come back to Dubai to get a chance to pay his loan. What steps does he need to do so he can come to the UAE without getting in trouble?

How can an investor contact people for business opportunities in the UAE

Q: Hi, I would like to know please how can a new company looking for investment legally approach individuals to do so? (i.e. individuals who are not friends or family). Is it legal to post something on social media for example?

What is the required notice period for the landlord to evict the tenant?

Q: I recently purchased a property in Springs which is rented till September. I need legal advice on the procedure to send an eviction notice to my tenant as I need to occupy the property for personal use. As far as I read in the RERA legislation Page 108-110, Article (25) - Section - 2, if the landlord wants to occupy the property for personal use, 90 days notice is sufficient. But the tenant insists to have a 12-month notice. What are my options and is it possible to send a legal notice to the tenant to vacate the premises at the end of the rent contract? Kindly advise

How to prove the bad smell and force the building maintenance to fix it

Q: Hello, Just need to clarify this. We are facing a serious (really horrible) drainage smell from the kitchen (sometimes we are unable to cook food due to the horrible smell) but unfortunately we can`t give proof, pic... etc. on this case. The stinking smell is not consistent or regular but somedays morning or other days at night. The building maintenance clearly knows the issue but they are not able to do anything and management is not taking any action. The owner`s office wont allow tenant`s to contact the owner. Kindly advise and help.

Can you enter the UAE again in case you were banned for a communicable disease?

Q: I was banned from entering Dubai because of HIV. Is it possible to come back? Also, I want to know if it`s a lifetime ban.

How to evict an employee from company accommodation after a labour case

Q: Hi, There is a Dubai court case judgement for salary issued in favour of the employee in a labour dispute. Does the employee have the right to stay in the company rented accommodation even though it`s not mentioned in the labour contract that accommodation will be provided? Does the company have the right to evict him? What is the procedure?

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An equal partner is being maltreated by other partners. What to do?

Q: Hello sir/madam, Perhaps you can help me! I am an equal partner in an LLC company. There are in total 3 partners. All of us are equal on the MOE (we are all managers). While I was away on a vacation, the partners got together to try to push me out. They have done this by trying to make my life an uncomfortable nightmare in the office, blocking my work, started hiding emails, and instructing an employee of ours to do the same. They also fired our accountant and moved our 4 years of books to a new accountant, who I`ve been told by them is "cleaning up". For 5 months, I`ve been getting excuses on why I have not been given access codes to see the new books or bank statements, etc. I`m locked out of various platforms. I am very worried now as I`m also responsible for what they do. They cannot buy my shares and I am concerned that they are scheming a way to get rid of me in another way. Can they shut down and open again for instance? What can you suggest about my rights here? Thank you!

Terminating an employee's contract due to establishing a competing company

Q: Dear sir/madam, We have an employee who has set up a conflicting company where his wife is a partner. We have seen that our sales have dropped in the last few months drastically. I want to understand if we can terminate this employee considering he has cheated the organization and also are we required to pay him his end of service and pending salary?

متى يسقط الحق في المطالبة بقيد دعوى للتعويض عن أضرار مادية وأدبية؟

س: السلام عليكم، متى يسقط الحق في المطالبة بقيد دعوى للمطالبة بالتعويض عن أضرار مادية وأدبية؟ هل يسقط الحق في التقدُّم بطلب لالتماس إعادة النظر في دعوى صدر الحكم فيها منذ ستة أعوام على الرغم من توافر، حاليًا، شرط من الشروط التي يطلبها القانون للتقدُّم بطلب لإعادة النظر؟

جواز تنازل الموطن عن رخصة مؤسسة فردية لصالح وافد

س: السلام عليكم، في المؤسسة ذات الكيان القانوني الفردي، هل يجوز للمواطن المُستخرَجة الرخصة باسمه التنازل عن ملكية المؤسسة للغير (غير مواطن) الذي يحق له انتقال كافة الحقوق القانونية عليها بموجب إقرار كتابي عرفي بين الطرفين؟

The liability of a manager for bank loans after resignation

Q: Dear sir/madam, Please advise me in regards to my commercial banks! A partial case in Dubai Courts in which my company (first defendant) took a property loan from a bank (plaintiff) in January 2015. I had signed all bank-related documents including the personal guaranty form as a manager (second defendant) of the company holding 40% shares along with my partner (third defendant) holding 60% shares in a Free Zone Company. I was asked to resign with immediate effect in December 2016 and left the company completing all necessary handovers of 40% shares to a natural person. I hold all transfer documents attested by the free zone authority and their legal translation which were submitted to the court as a memorandum. Today was my first hearing and the court decided and ended the litigation obligating all defendants jointly and severally to pay the balance amount to the plaintiff and 5% legal interest and attorneys fees. Please advise on the next procedure I can follow to request the court to remove my name. Should I approach the bank?

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How can a victim of a crypto scam claim his money back?

Q: Good day, We are a group of people and residents of the UAE who invested in an international company that called themselves an investing company and promised their investors a big return. In the end, we realized that the company was a scheme/pyramid, but unfortunately, it was late as we faced a company scam. And we lost a lot of money. Cases were opened all over the world against them. The leaders of the company who called them "10* stars" were residents of the UAE; some of them still live here and they introduced us to Finiko schemes. We need advice on where to start the case in the UAE and what is the right department to go to as the partners who were the main people of the company are hiding in the UAE with all the money? Kindly note that all investments were done by crypto in bitcoin currency. All victims have the evidence. We have sent complaints to e-crime, but the applications of all the victims got rejected and we cannot understand why. Thanks in advance!

Is a manager of an LLC company personally liable for paying the rights of an employee?

Q: Dear sir/madam, I am a partner and a manager of a Dubai-based LLC. We lost a court case against our previous employee with 100k. The company does not have money to pay. I asked two lawyers if I am personally liable, one lawyer said no, and the other lawyer said that the judge can even arrest me or place a travel ban on me. I had the full authorization of any documents, bank transactions, or business activities. Everything was 100% on me only. Now I am totally lost on which lawyer to trust and to believe. Could someone kindly get back to me with a third opinion?

What is the gratuity I am entitled after resignation and four years of service?

Q: Hello, I have resigned recently from employment here in Abu Dhabi. I have completed over 4 years of full-time employment. My latest offer letter/terms of employment was a family status/unlimited contract type. My basic salary was AED 14,000/month. Can you tell me what end of service should I be entitled to under the latest labor law? (Anonymous)

Paying compensation upon resigning from an unlimited contract

Q: Dear sir/madam, I have an unlimited contract. The service period completed is 11 months. Can I resign? Or there is any compensation amount to be given to the employer?

The ex-employer and manager are not paying the labor dues. What to do?

Q: Dear sir/madam, My ex-employer and manager are not paying thousands of dirhams owed to me and have threatened and harassed me on different occasions. I worked on a commission basis in real estate with a company. Is there any law to protect us and get us the due money?