Questions & Answers - Legal Advice Middle East

A case against the employer for not issuing visa for one year and holding salaries

Q: Hi, I am working for a mainland company operating in Abu Dhabi. The company didn`t complete my visa in more than a year and I complained to MOHRE for unpaid salaries, non-payment of overtime. After complaining and when MOHRE started investigating the matter, the manager lied that I was not working with them and now only one month I started to work with them. They lied also that I suddenly leave the store and did not come back on duty after. But in fact, I started to come back on duty after registering the complaint. The employer was not going to pay I was assured, and earlier many times he verbally also told me I will lose the job if complained. My case was transferred to court from MOHRE and I have given a memo of rights but the employer didn`t attend any hearing and now they will give a verdict after two weeks. My question is if I go for the execution of the judgment the same day I receive my judgment copy, can the employer appeal or he will lose the right to appeal once I make an application for judgment?

How to expedite the execution of a labor judgment?

Q: Will the court give me the full benefits mentioned in the memo? Or will they analyze the evidence submitted and give a verdict on the basis of this evidence? I want to recover my money and I don`t want to delay it as I`m sitting jobless. I don`t want to give appeal time to the company. What do you suggest to me? Should I rush for an execution application after judgment or still the employer can appeal even if I register for execution? I need advice. Thank you!

Asking an employee to pay money to get the cancellation letter

Q: Hello, My cleaner`s (laborer) visa is expiring in Nov 2021. I want to renew my visa with a new company. The old company which had given the visa is charging me 1000 AED for the cancellation letter. Is this legal? If not, how can I complain and get a cancellation letter at a proper price? Thank you for any guidance!

Status of a rental case is still active after the case is closed

Q: Hello, Good morning, I hope you can help. Below is the summary of my case. My question relates to a rental dispute where the landlord refused to return the full deposit. The land department created a case. The landlord has now paid the full deposit and I have paid the AED 20 to close the case. The case has a Status of Closed, however, in the “In Progress case” section, the case has a Status of “Active”. I need to know if this case is actually Closed or any action is needed from my side.

How can I get my labor rights from company with an expired license and no assets?

Q: I have just left my previous company as I was owed around 10 months of salary across the past 18 months. I had worked there for over 10 years. They now want me to sign a settlement that forgoes my claim to gratuity and any salary not paid last year. Instead, they will pay me over the next 10 months 10k per month plus a 50k `thank you`. After doing some investigation I have discovered that their trade license expired in November 2020. Will I be able to make any claim against them as they don`t have a valid trade license? Also, the owner is currently in the UK and I have no idea if he plans to return. The company was in a torrid state when I left in terms of their finances. Hence I was thinking of getting what I could from them as I don`t believe there are any assets worth selling as it`s a service industry and that any hope of getting what I`m due seems unlikely. Advice?

Repercussions of resigning before one month of contract expiry due to harassment

Q: My contract is ending on October 19, 2021. I have resigned from the company last September 18, 2021 (limited contract) because of harassment I have been receiving from the CEO and employees of the company due to the manipulation and politics from the CEO. I have not continued working in the company since September 19, 2021, because of the harassment from the company which is risking my health condition. First question, since my visa is expiring on the 19th of October, do I need to approach the company to cancel my visa or will my visa expire and will be cancelled automatically without me going back to my employer and ask them to cancel my visa? Second Question, I know the legal consequences of breaching the limited contract, compensation of the remaining no of days from the contract and labour ban of 6 months. Can I avoid these? Can I get another working visa from another company if I get banned?

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هل يظهر الحكم الغيابي في الفيش رغم البراءة؟

س: كان عندي قضية جنايات وخرجت بكفالة وصدر في أول جلسة حكم غيابي وبعد ذلك صدر حكم بالبراءة. هل يُظهر الفيش ذلك مع أن هذه أول سابقة لي؟

Can I study in the US or UK and then become a lawyer in Dubai?

Q: Can I study in the US or UK and then become a lawyer in Dubai?

Signing the employment contract on behalf of the worker without consent

Q: I have had a domestic worker ‘nanny‘ under my sponsorship for 7 years. She decided suddenly to terminate our existing contract which will end after 4 months and ran away with her boyfriend! Tried to negotiate with her to come back till I search for a replacement but unfortunately, she did not agree. I usually take her with me to renew her working visa and contract in TADBEER. But last year, after reaching there, my son was sleeping in my car and she stayed with him. I had to sign the work contract on my behalf and her behalf in front of the officer who told me it is ok as she was our nanny for 6 years that time. I’m not sure if I finger stamped on her behalf or not. My question is: can she file a case that I signed on her behalf on the maid contract? If she did this, what will the consequences be on me? Thanks!

إنهاء عقد العامل وتوقيع عقد جديد يلغي جميع المستحقات

س: أعمل بالشركة منذ عام ٢٠١٦ والشركة تريد توقيعي علي إبراء ذمة بمستحقاتي وصرف شهرين بدل إجازة فقط مع تسوية معظم الفترة من بدل إجازة ونهاية خدمة وأي شيء وتريد توقيع عقد جديد يلغي كل شيء بفترة ٥ سنوات وإجازة ٢١ يوم سنويًا. ما الموقف القانوني من ذلك؟

تقسيط مستحقات العامل من قبل الشركة لدى تقاعده

س: أنا موظف لأكثر من ٢٧سنة وتقاعدت منذ شهرين. عند طلب حقوقي، طلبت الشركة تقسيط الحقوق. لدي سيارة تابعة للشركة. عند تسليم السيارة، طلبت ورقة إخلاء طرف. رفضت الشركة بحجة أنني عند تسليم السيارة سأتقدم بشكوى لذلك رفضوا إعطائي ورق الإخلاء.

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حسم الدفعات المسددة لدين من إجمالي كمبيالة مقدمة كضمانة للإيفاء

س: تأخذ المدرسة الخاصة كمبيالة من ولي الأمر بقيمة كامل مبلغ الرسوم بعد الدفعه الأولى وتقوم بإعطاء ولي الأمر وصل استلام عند كل دفعة. السؤال: عند حصول خلاف مع المدرسة بعد دفع جزء من الأقساط، هل يحق لها قانونياً أن تطالب بقيمة الكمبيالة حسب المبلغ الإجمالي؟ علماً بأني قمت بدفع جزء منه مقابل وصولات مالية.

هل يمكن للزوج منفرداً نقل دعوى طلاق من الإمارات إلى البلد الأم؟

س: السلام عليكم أنا وزوجي أردنيين مقيمين في الإمارات. قدمت لطلاق الضرر وحضرنا جلستين مع التوجيه الأسري ولم تتنتهِ القضية. هل يستطيع زوجي نقل القضية لإكمالها في الأردن مع رفضي؟ أريد إكمالها في الإمارات. وشكراً

Counterclaim by the employer to case and resignation for salaries non-payment

Q: Hi Good Day. I already complained in the labor (delayed salary for 4 months) and the day after that, I gave my resignation to my employer. However, our first mediation is not settled. After 10 days, my employer filed a complaint that I resigned from a limited contract while my complaint is still active. I still didn`t receive the mediator call from my employer`s complaint but just want to know how I can fix the issue that now I`m a complainant and at the same time, my employer has a complaint.

Is the permission of the first wife required for the second marriage?

Q: Dear. I am a Pakistani resident in the UAE. I want to make second marriage with a Pakistani girl here in the UAE. Do I need permission from my first wife? What are the documents required?

Can the business owner replace his local partner with his new landlord?

Q: Hi, I`m an auto garage owner in Al Quoz 4 and planning to relocate my garage business to Al Quoz 1. I have a local sponsor currently but planning to cancel him and make the new landlord my sponsor. Is it risky to make your landlord your sponsor & what are the things I have to ensure before taking this decision?