Questions & Answers

س: السلام عليكم، لدي عرض وظيفة محاسب في السعودية ولكن المكتب في مصر ذكر أن التأشيرة تأشيرة عامل. هل أقبل أم لا؟ مع العلم أني متزوج وكنت أنوي استقدام الزوجة. ماذا أفعل لكي أضمن حقوقي؟

عواقب الاستقالة لرفض صاحب العامل إجازة الموظف بدون وجود بديل

س: قدمت على إجازة سنوية عبر البرنامج الخاص بالشركة وتمت الموافقة عليها بشرط اعتماد بديل لي قبل أخذها وكان هذا منذ شهر تقريبًا ولكنهم لم يقوموا بتقديم البديل. قبل موعد الإجازة بأسبوع، تم إخباري بأنني لا أستطيع أخذ الإجازة لحين اعتماد البديل على الرغم من حجزي التذاكر وترتيب جميع أموري. في حال إصرارهم على عدم منحي الإجازة في موعدها إلا بتوفير بديل وقررت تقديم استقالتي، ما النتائج المترتبة على الاستقالة؟ وهل أستحق مكافأة نهاية الخدمة وجميع حقوقي؟

Can a jail term be removed upon settlement of a bounced cheque case?

Q: A friend of mine has a criminal case in Fujairah for bounced cheque AED 500,000. The criminal case has been filed and a sentence of jail term for 6 months has been imposed by Fujairah First Court in absentia. He would like to know the following: 1) If he reaches the settlement with the complainant, can the jail term be removed even though the first court-imposed 6-month jail? As far as I know, settlement with the complainant works if both accused and complainant made a certain agreement before the first court issue a judgment. However, once the first court imposes the jail for 6 months, the jail term can be reduced or can be changed to fine, but will not be completely removed. 2) Can he be released the next day after settlement with the complaint? 3) What kind of document does he have to receive from the complainant after making full payment?

رفض قضية عمالية للتقادم

س: تقدمت بقضية حقوق مكافأة الخدمة وكسبت القضية، وبعد صدور الحكم لصالحي، رفعت قضية عطل وضرر وبنفس القضية تقدمت أيضًا بطلب استرجاع ما خُصِم لصالح التأمينات الاجتماعية تحت بند مخاطر المهنة؛ علمًا بأن هذا المبلغ المفروض أن يدفعه صاحب العمل ومع ذلك كان يُخصَم من راتبي. أيضًا كان هناك فرق في حساب مكافأة الخدمة من الحكم الأول وطلب مني القاضي رفع دعوى جديدة وتم بالفعل ذلك ولكن صدر الحكم برفض الدعوى للتقادم. وفي الاستئناف، صدر الحكم بقبول القضية شكلاً ورفضها موضوعًا واعتماد الحكم الصادر من المحكمة العمالية وهو رفض القضية للتقادم. هل يوجد حل لهذه المشكلة؟

Can the bank hold my EOSB and last salary against my credit cards and loan?

Q: I changed my job and received my EOSB from my previous employer, however, my bank is holding this amount. Unfortunately, my previous employer didn’t separate my final salary and gratuity as the details on my transaction state EOSB. I found out that this shouldn`t be the case and understood that the Employer is responsible to separate this. Is there a way I can get the salary amount to my disposal and the bank keeps the rest against my outstanding credit cards & loan? Please note that I have not missed any payments against my outstanding I have provided the bank with my new visa, salary certificate, Emirates ID as requested. Still, I have been told they will not release my EOSB. I have already received a new employment salary on the same account. I would be grateful for your advice.

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Suing a vet clinic for a mistake resulted in losing the eyesight of a dog

Q: Hello Sir/Madam, I did a wart removal surgery for my dog in a vet clinic in Sharjah for her eyelid but due to the negligence of the surgeon but the vet did not remove the sutures so it rubs on her eye causing an ulcer. When I took the dog to the clinic, they put cortisone drops in her eye resulting in a melting ulcer and the dog lost her eyesight. Later, I found from another vet that the surgery was done wrongly so her eyelashes rub on her eyeball causing pain and damage. But putting cortisone drops made it worst. My dog underwent another surgery to save her eye which costed me to fix her and as per the second vet, the eye damage is permanent with a scar but her eyeball was saved from bursting due to pressure. Now every month, I need to take her for treatment and her eyelashes are growing inwards causing pain and the damage is lifelong. As an owner, I`m sad for my dog who lost her vision due to the vet mistake. Therefore, I want to know can I sue the clinic for negligence and medical error.

How to remove the local sponsor of an LLC company and make it 100% ownership?

Q: In accordance with the new FDI law in UAE - Dubai, what is the (steps/cost/requirements/time frame) to remove the 51% shares local sponsor holder, and make it 100% foreign ownership? Additional info for accurate answer: - The foreign owner and the foreign manager are out of the UAE, and the only physical - available person is the PRO person. - The local sponsor is a company with 4 partners, So, I wonder if ALL of the partners will be required to attend physically for the procedure of the 100% foreign ownership transfer, or only the PRO and the POA person will be enough? - The concerned company is an LLC Japanese company for water equipment trading, so it will be under the UAE cabinet positive list, right?

Paying visa costs in case of early termination of limited term labor contract

Q: Is it necessary to pay visa money when you want to cancel your limited visa before it is finished?

Inability to get the keys of a co-owned apartment. What to do?

Q: I co-own an apartment in Hanover Square, Dubai but I am unable to obtain the keys for my apartment from the management company as they claim the 2nd owner is supposed to be present for key collection. Unfortunately, the second owner is in Pakistan and with the travel restrictions, he is not able to present himself. I tried getting online POA notarized but failed as I couldn`t get a reply. I fail to understand! I am also one of the owners and we are not selling the property, we just want to have the keys so that we can utilize the apartment. We were promised that the keys would be given to us once we clear Dubai Land dept. dues but still are not able to take the keys. We have tried reaching the real estate agent, management company&developers, no replies from any one of those. Only the real estate claims that both owners should be present to get the key, otherwise, I need to keep waiting. Else, I need to bring a notarized POA. Any solution to this bizarre query? I am tired of moving back and forth from my resident city of Al-Ain.

The legal position of a partner without marriage upon splitting up

Q: Good Morning, My partner of 15 years and I are splitting up. In 2013, we purchased our Dubai apartment. My partner paid for it in full in cash at the time. We lived in it for 6+ months each year. We are both British. My partner is currently applying for UAE residency. He is now refusing me access to the apartment and is packing up my clothes to have them shipped to me. He has also taken me off his UAE will. He’s perfectly entitled to do that, however, please advise what my legal position is regarding the apartment as we are joint owners on the title deed? Many thanks,

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How will the property of an unmarried non -Muslim woman be divided after her death?

Q: A family member (non-muslim, ex-pat, female) passed away. She was registered in the UAE and has a UAE working/residency permit, alongside a company registered in the FFZ. It appears there is no will. She has no UAE real estate. She has no children and was never married. She has a living mother and sister, alongside an adopted sister with whom no one has a contact. 1) How will heirs be decided? Using home country law or sharia? Can we choose? How do mother and sister show proof of lineage? 2) Using the inheritance law of our home country, the adopted sibling is seen as a full sibling. It will be a 1/3 division between the three persons stated above. Can a court in UAE overrule this part of home country inheritance (e.g. incompatible with UAE laws) and skip the adopted sibling? 3) Can legal heirs (e.g. mother, full blood-related sister) agree to a different division if heirs are decided? E.g. the sister wants to include her children as heirs. Or does this have to be done after the money transfer?

Is it possible to encash the annual leave balance?

Q: Hi Madam, I have an 80-day annual leave balance in my company. I am still working in the company. As per the UAE labor law, can I encash my leave salary? I requested my company for 60 days leave encashment. The company says that as per the UAE Law, there is no encashment. Is it true? If encashment is available, how to calculate my leave encashment? For my personal issues, I can`t go on vacation. I can`t take local leave also. Please advise me! Best Regards,

The consequences of resigning from an LLC company due salary delay

Q: Hi Ma`am, Good Morning! I am working in an LLC company in Dubai. I signed an unlimited contract in the month of April 2021. Now I am not satisfied with this company and salary pending is the reason to resign. Will there be any consequences if I resign within 6 months? My VISA belongs to the employer and my passport is also with them. Kindly advise! Thanks

مدة إخطار الموظف بعدم الرغبة في تجديد عقده

س: ما المدة اللازمة لإخطار الموظف بعدم رغبة المؤسسة في تجديد عقده؟ وهل يكفي إرسال إيميل أو رسالة نصيه له؟

How to reach an amicable settlement with an employee upon losing a labor case?

Q: I have an employee who filed a labor case that is in execution. I have tried over the last 2 months to reach an amicable settlement with him on the payment of his settlement. My commitment to him has been based on the commitments I have received from my clients to the company. He initially requested a 25% down payment and 6 PDC checks which I agreed to and he has since rejected that and then demanded 100% of his settlement which he then modified to 50% and 3 PDC checks. I informed him that it would not be possible to pay 50% and 3 PDC checks; the best I could do is 40% and 3 PDC checks as I needed the remaining funds to cover the current employee`s medical insurance, some of them have critical medical conditions requiring monthly medication. He has again rejected that and is demanding a 50% down payment to release the case and the block on the company trade license and bank account. I also have other PDC checks due and with a blocked account, these checks will bounce. The settlement is 291KAED.

هل يمكن رفض العقد مع الكفيل الجديد بعد قبوله؟

استقدام محاسب بتأشيرة عامل