Questions & Answers - Legal Advice Middle East

Applying for a passport for a baby without the presence of the father

Q: Hi, I am from the Philippines and stay in Abu Dhabi, UAE. I have delivered my 2-month-old baby girl. My husband is an Egyptian. He abandoned me and my daughter. He went to Egypt for vacation, but I noticed that he deleted all copies of his passport, visa, and Emirates ID from my phone. I want to apply for a passport for my baby but I don`t have a copy of his documents. When I tried to send him a message, he closed the mobile. I found that he has another mobile and I saw it is online so I send messages but he blocked me. Now my questions are: - Can I apply for a passport for my baby without the presence of the father? - Can I file a case against him for abandonment? - I don`t want him to come back here to the UAE. What will I do? Thank you for the answer!

The effect of non-competition clause on resigning and working in the same industry

Q: Dear Sir/ Madam, I was offered to work in the construction field of industry. I was on an unlimited contract and my contract has a Non-Compete clause. On that, it mentioned the period of 1 year and location. My question is, my duties and work now are not related to the scope of work or industry of my visa. My job responsibility now is related to construction but on my contract, I am on a logistics company visa. This is because my employer has 3 companies under his sponsorship (construction/logistics/trading). Will I be liable if I resign and work for a construction company even though the Non-compete clause of my contract is for a Logistics Company? Regards, M.

What happened to the visa of dependents when the sponsor dies?

Q: Hi Sir/Madam, My family and I lived in the UAE but due to my father`s death, we had to leave last year since he was our sponsor for our residency. We didn`t cancel the residency ourselves and I have returned to the UAE twice after that for visit. Now, my residency has expired; it has been expired for 3 months now and I am planning on visiting the UAE soon. Can I just get a tourist visa and get in or do I need to do something about my expired residency since we didn`t manually cancel it? Thank you.

The repercussions of terminating an employment contract during probation

Q: Hello, I`m working in a company & I`m on a probation period. I want to ask if I can also terminate the contract before finishing my probation period. If I can terminate the contract, do I have to serve the notice period or no?

What does it mean when the court decides "Deferred To Pleading"?

Q: I have a final judgment in labor, but the status is changed to Deferred To Pleading. What does it mean?

مدة سريان تصريح صدر عن النيابة الحسبية لبيع ممتلكات قاصر

س: يوجد تصريح من النيابة الحسبية ببيع قطعة أرض تخص القاصر منذ عام ٢٠١٦ ولم يتم البيع وقتها. هل يجوز استخدام نفس التصريح حاليًا؟

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Is it required to appoint a UAE national as the local service agent?

Q: Under the amended UAE commercial companies law permitting 100% foreign ownership, does this also remove the requirement to appoint a UAE national as the local service agent? If not, what is the role of an agent? This would be for a mainland industrial license to manufacture in Dubai. Thank you!

Do I need my partner's consent to cancel my partner visa in Dubai?

Q: Do I need my partner`s consent to cancel my partner visa in Dubai? We haven`t liquidated the company yet and my partner wishes to remain on the partner visa, but I don`t.

What can you do when your employer rejects your resignation?

Q: Hi Sir, My name is A. K. I`m from India. I came to Dubai on 26-1-2021. My company gave me the first visit visa. My work start date was on 24-2-2021 after my employer visa approval date on 2-6-2021. After four months, I got the employment visa and now I gave the resignation letter. But my employer canceled my resignation letter and I worked with my company for 8 months. Now I want to go to my country. What can I do? My visa is a limited visa. Please help me, Sir.

Withholding the end of service and passport upon accusation of theft

Q: I am falsely accused of theft in the company where I work by my colleague due to a mistake I have done. This mistake has opened a door of false accusations and led to my termination, withholding my end of service and passport by the company. I need advice on what should I do!

إجبار العامل على عمل مختلف من قبل الكفيل

س: أنا سائق شاحنة وبعد فترة، طلب مني الكفيل أن أعمل معه سائقًا خاصًا ورفضت العمل وهددني وحرر ضدي بلاغ تغيب. أنا الحين أعمل مجبورًا وتحت التهديد ببلاغ تغيب! هل يحق لي التوقف عن العمل والشكوى؟

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Claiming back money paid to contractors for failing to perform their obligations

Q: Would like to file a case in Dubai against a real estate company. They were supposed to build my villa in Marrakech, Morocco. Nothing was done after 5 years. I have paid $ 200000 so far and want my money back. Please advise. Thanks

Paying the gratuity in case of transferring an employee to another company

Q: Hello, I have been working with a free zone company for the past 4 years and as a part of rebadging, I am being transferred to another company. My current company is denying my gratuity stating that it has been transferred to the new company which I am going to join, however, my new company has clearly stated that no such agreement was made and my current company is responsible for paying my gratuity. Please let me know how can I proceed as my current company is not giving me my gratuity?

Checking the pending cases to issue a police clearance certificate

Q: Hi, I currently live in Canada and would like to get a Police Clearance Certificate for immigration purposes (to apply for permanent residence). I tried online twice but I have failed. I worked in the UAE (Abu Dhabi & Ajman) from 2013 to 2016. Unfortunately, I had to leave the UAE without informing my employer, bank, tenant, etc. due to my wife`s emergency medical situation. I never returned back to the UAE. Later, I got to know that my employer has put me abscond. I would like to get assistance with checking for court cases filed against me. Thank You!

الخطوات التالية لقبول الاستشكال

س: السلام عليكم، سؤال في قضية إيجارية: سكنت لمدة ستة أشهر في أبوظبي كمستأجر بعقد موثَّق، وكانت الكهرباء والمياه على المؤجِّر. دفعت نقدًا قبل السكن ومعي الإيصالات. في أول شهر من الإيجار أخطرت الشركة المؤجِّرة بعدم التجديد (إيميل) نظرًا لسوء حالة الوحدة، وأخليت العين بشهادة شاهدين قبل انتهاء العقد ب 3 أيام، وسلَّمت المفتاح لمدير الشركة في مقر عملي أمام الكاميرات وبشهادة زميل لي. انتقلت بعدها لسكن آخر موثَّق أيضًا على بُعد ناصيتين وهذه المرة بحساب مياه وكهرباء منفصل. بعد مضي 4 أشهر على انتهاء العقد، قامت الشركة بتقديم طلب لدائرة القضاء في أبو ظبى مطالبة بإرفاق العقد الموثق بالصيغة التنفيذية و"مطالبتي بالإخلاء والقيمة الإيجارية عن 6 أشهر أخرى وبراءة ذمة المياه والكهرباء"، وهو ما أيدته لجنة الإيجارات، وبعدها بيوم أحالت الطلب للتنفيذ. قدمنا استشكالاً في اليوم التالي لـ"القضية التنفيذية"، وكان الرد بعد عشرة أيام بالقبول. هل هذا يعني إسقاط القضية أم لا؟ وإن لا، فما الخطوة التي يمكننا إثبات موقفنا بها (بعد 21 يومًا من الطلب)؟

Signing a document that the employee did not meet the company’s conduct standards

Q: I recently concluded employment after the unsuccessful completion of my probation. It was an amicable departure. Two weeks following my official end date, I was requested to sign a termination document acknowledging the end of probation and its outcome. It was OK to sign this, however, the document stated that I did not meet the company’s conduct standards. My conduct was impeccable and has never once been questioned during this role or my career (over 12 years), where I have been a model of professionalism. I feel disparaged but the company says it’s a standard “template”. Is this legal or can I ask them to remove misleading sentences about my character?