Questions & Answers - Legal Advice Middle East

Legal action against a contracting company for forging a government permit

Q: A contracting company in the UAE sent us an email with a DDA Permit to build a room in our house. Then subsequently they got approval from DDA (Dubai Development Authority). We have the original email from the Authority that the documents were issued with a permit, dated 04.07.21. But the contract changed the DDA document date to 04.08.21. We seek legal advice if this can be termed as a crime in the UAE for manipulating a document and if any lawyer can confirm to us if this is a genuine case that can be filed in Dubai Courts and which law applies to forging a document by email. The reason why the contractor forged the document is that they took the payment from us and wanted to delay the project and kept on telling us that DDA has not given any approval. Only after contacting DDA directly, we got the original document which shows a different date.

هل يحق لصاحب العمل خصم مبلغ من مستحقات العامل لتوقفه بسبب عدم تجديد إقامته؟

س: السلام عليكم ورحمة الله هل يحق لصاحب العمل خصم مبلغ كعطل وضرر من مستحقات العامل غير السعودي بحال توقف العامل عن العمل بسبب عدم تجديد رخصة إقامته مدة 4 أشهر وعدم دفع أجرة راتبين متتاليين سنه 2020 وراتبيبن متتاليين سنة 2021؟ يعني 4 أشهر في ذمة صاحب العمل.

تفعيل صاحب العمل للبند الجزائي عن الاستقالة المبكرة إذا كان مخلاً بموجباته

س: السلام عليك أستاذ شهاب كيف حالك؟ عندى استفسار قانوني إذا سمحت عن نظام العمل. أنا استقدمتني شركة في السعودية بمهنة مصمم وكان هناك شرط جزائي بالعقد الورقي عندما تم إرساله؛ بعد مرور أكثر من ٤ أشهر، لم تقم الشركة بإصدار إقامة أو رخصة عمل لي وقمت بنقل خدماتي إلى شركة أخرى. الآن صاحب العمل الذي استقدمني يطلب مني مبلغ الشرط الجزائي، فهل يحق له ذلك؟ رغم أنه لم يصدر لي رخصة عمل أو إقامة حتى بعد مرور أكثر من ٤ أشهر من دخولي للمملكة.

كيفية مطالبة ورثة متوفَّى مدين بدين أبيهم

س: السلام عليكم، لي أموال عند شخص مُتوفَّى أخذت بهم إيصال أمانة وإمضاء وبصمة اليد. بعدما توفى أخبرت ابنه فأنكر معرفته بإيصال الأمانة. ما الإجراء القانوني الذي يمكن اتخاذه؟ مع العلم أن الطرق الودية مع ورثة المتوفى لم تجدِ نفعًا.

What can I do with my partner who withholds financial statements of the company?

Q: Hi Highly appreciate it if you can guide me please to press charges against a partner who’s withholding financial statements and company updates for the past 5 years even though I am a 40% shareholder in an Ajman Free Zone company. Thanks for your time and help. A. R.

A client refuses to pay a small amount. What to do?

Q: Hi, We are a medical clinic where a patient is not paying a very small amount of money, 5000 AED, even she has signed informed consents and promissory note that she will pay but she didn’t. The problem is that it is not the first time to happen to us. Should we file a case with the police? Should we send a legal notice? Or what can we do? We called her several times and either she refuses the calls or says that she will pay.

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Leaving the UAE with a loan and issuing a POA for a friend to sell the car

Q: Hi there, My friend left Abu Dhabi in July 2021 to travel to her home country for the school holidays. She was unable to return due to flight restrictions imposed by the U.A.E for her home country. As a result, she lost her job. She has outstanding credit card loans which she could not repay for the last 6 months. She has a car that is fully paid for and has asked me to sell the car on her behalf. She wants to give me power of attorney. My only fear is that she may be criminally liable for her unpaid credit card loan (approximately 23000dhs). I must add that before she leave the UAE, she left her job as she was going to start a new job upon her return from her home country so she`s called the bank (very recently) and has relinquished her gratuity and final 2 months salary to the bank. She does still, however, owe the above-mentioned amount. Can I legally sell her car for her without any legal issues for myself? I want to help my friend. Thank you!

Can the employer ask the employee to sign a waiver before releasing labor dues?

Q: I was terminated by my employer in Qatar after 10+ years of service without assigning a reason (which apparently is as per the contract). I have now transferred my sponsorship to another company in Qatar. Question 1: My employer wants me to sign a "Settlement and Release Agreement" before they release my receivables including gratuity and 3 months salary and not including any severance pay that`s not part of the contract. Can they legally require me to sign the release (which is basically a waiver to sue them against wrongful termination and everything under the sun) to release my gratuity and notice period salary that`s already covered under my contract? Question 2: Also, under Qatar law, can an employer ask employees to work 6.5 hours a day during Ramadan for a 5 day work week?

How to claim the labor rights of late father from employer who refuses to pay?

Q: My father has passed away in Pakistan after serving 17 years in a private company in Dubai. The company has refused to pay his gratuity due to a lack of funds. In case I need to apply for a labor case, what are all the documents required? My father had two wives, my mother being the first wife and my stepmother (currently living in Morroco with my two young stepsisters) and both of them are out of the UAE.

How to withdraw money from the company account before it makes profits?

Q: Hello, I would like to incorporate an LLC in the UAE, but it is unclear when the company will make profits. How can I withdraw money from my business account? In the US, that can be done via owner’s draw. Is this similar or does that work differently?

Joining a competitor in the UAE after terminating a labor contract in Finland

Q: Dear lawyers, If my contract is terminated by a Finnish company, can I join a competitor in the Middle East if I have a clause in the contract saying I can not join a competitor?

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What are the procedures to get paid after obtaining a favorable labor judgment

Q: I have received a judgment for an amount of more than AED 150k. Do I have to wait for the company to contact me to pay OR do they pay the court and the court will pay me? Do I have to wait for 30 days period and then file for execution? Or should we visit Al Adheed? Thanks

Terminating a tenancy contract and claiming refund for failing to hand over property

Q: I approached a broker from an agency to rent an office in Business Bay. So he informed us to pay 23000 and broker charges first, then they will provide us with the documents and key. After the payment, the broker gave the key and tenancy contract and told me that the owner of the office will come with me to register the EJARI and gave me the contact number of the owner. I checked with the owner, he said the previous tenant ran away so he has to unblock something, and he is trying to do. After 13 days still, he is trying to unblock something. We didn`t get the EJARI till now. Without EJARI, we cannot move to the new location and we cannot apply to Etisalat connection. Can I ask for the payment back and cancel the contract they made for me? And also, can I collect back the broker charges? Do I need to move legally, and if so, where should I complain about this matter? Thank you

حق الابن في إرث جده الذي توفي بعد أمه وفق الوصية الواجبة

س: السلام عليكم، أنا ولد وحيد أمي أريد أن أعرف هل يحق لي أن أرث أمي المتوفاة عام 2012 من جدي الذي تُوفِّي بعدها عام 2017 وفق نظام وقوانين دولة الإمارات العربية المتحدة؟

How can an expat wife get her rights upon divorce?

Q: Hello, I am a British ex-pat with a residential visa in the UAE. I have married my husband under the UAE Sharia law and became his second wife. Now after a lot of trouble with his first wife, we genuinely decided to divorce. We have no children together and we are both not living in UAE anymore. Kindly advise me about my rights in this case and the regular divorce procedures. Do I have a right to a divorce settlement or maintenance until the divorce is finalized? Do you have any helpful tips? Thank you so much for your help and advice!

ما الفرق بين أمر الأداء والدعوى المدنية في المطالبة بالدين؟

س: مرحبًا، ما الفرق بين أمر الأداء والدعوى المدنية في المطالبة بالدين؟ شكرًا!