Questions & Answers - Legal Advice Middle East

Employer refuses the resignation of the employee and forces him to leave country

Q: Hi I submitted resignation to my company in the UAE but the HR department is not accepting my resignation. 20 days passed and I have also requested them many times to accept my resignation and they are refusing to accept it. But after 20 days, the management is terminating me and saying "we will not cancel your visa and will not allow you to work for another company." They are saying "we will send you back directly to your home country without any notice period." I have a job offer from a company in the UAE. Please advise.

Expiry of partner visa while abroad after closing the airport due to COVID-19

Q: I have a partner visa in Sharjah. I am out of the country and I want to come back but flights are closed due to COVID-19. My visa expired on 26 May 2021. How can I renew my visa? Or did the UAE government extend visas?

The bank holds the EOSB after changing administration despite paying instalments on time

Q: Hi, I would like to ask for advice. I worked in a semi-government laboratory here in the UAE. Recently, it was acquired by another government entity and our end-of-service benefits were credited to my bank of which I have a loan and credit card. The EOSB was held by the bank. I have never missed any installment as my salary is also remitted in the same bank. I submitted all the documents required. I have no changes in my salary and benefits with the present employment. What remedy can I avail for the bank to release my EOSB? I already contacted them about this but the customer service is always telling me to wait for the call of the concerned department, which I have not received until today. Thank you.

Can a real estate agency hold a percentage of a property sale until transfer is done?

Q: A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property. The transfer of the property was blocked due to the court order. According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?

How can I get my pending salary and labour rights and remove absconding case?

Q: Good day. I just want some help and advice regarding my case. Last July, my employer sent me to jail. After holding me for a week, the court found me innocent and sent me out of jail. After I cleared my case at the court and took my passport, the CID called my employer to cancel my visa, they said that they will cancel it and also bring our things to the embassy, as well as our pending salary. But until now they didn`t do it. I went to immigration to check my status but they told me my employer filed me absconding after I cleared my case. I filed a complaint to the labor as well and they proceeded to the court, but I didn`t get any response yet. What should I do to proceed with my complaint? And is there any possibility to clear my absconding because I have court documents when they sent me to jail before? Best regards, R.

تقديم بلاغ هروب ضد موظف لدى فصله من العمل

س: تم إنهاء عمل والدي في الشركة التي كان يعمل بها. طُلب من الوالد إنهاء إقامته وإقامة أبنائه ففعل ذلك ليُفاجأ بالصدفة بوجود تعميم بذريعة الهروب مع العلم أن الوالد موجود بالدولة ولم يغادرها وجواز سفره محجوز لدى الشركة نفسها. هناك خطاب فصل من العمل من الشركة وأيضًا لم يتم تسليم الوالد مستحقات إنهاء الخدمة ونتيجة لذلك تدهورت أحوالنا المادية والاجتماعية والنفسية وأيضًا تدهورت حالة الوالد صحيًا ولم يعد قادرًا على الحركة كما السابق. في ظل هذه الحالة، ما الإجراءات التي يجب علينا أن نتبعها لرفع هذا التعميم والتعويض عما تسبب به هذا التعميم الكيدي من أضرار مادية وصحية ونفسية؟ شكرًا جزيلاً!

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Asking an employee to pay money to get his passport back

Q: Good afternoon, I have joined a company as a DSA in Deira. I had completed my documentation in 1st week of April. They took 620 dirhams for visa status change and kept my passport. My visa status has changed; it is showing employment and the last date is 23 June 2021. They did not book my medical or visa process till the 15th of June and the last date is coming within 1 week. When I told them that I want to quit, they asked me to pay 3000 to take my passport back. What I have to do? Kindly suggest!

How to get your finder's fee if you are not a registered real estate broker in the UAE

Q: I am not a real estate agent. I just happened to match a sale of property deal between two licensed agents, one is the seller`s agent and the other is the buyer`s agent. I wanted to know if legally I can get paid referral or finder`s fees if the property is sold. If yes, I need help drafting the agreement between all 3 parties.

Can the employer force the employee to renew a limited contract upon its expiry?

Q: I`m working as a security guard for the last 3 years in Dubai, since June 2018 and still working. My visa is going to finish in August 2021. I don`t need to renew my contract again but my employer is accepting my resignation paper before 45 days. They are forcing to renew the contract. If my visa is finished, can I go to my country? Also, my passport is going to finish this August after my visa expires. Can I complain at the police station?

Rights of the employee in case of termination during probation for poor performance

Q: I am working in Dubai under probation. If my employer terminated me and canceled my visa because of the warning letter that I received stating poor performance, do I get a ban and can I claim my last salary?

Right of the wife to claim custody in the UAE after losing it in home country

Q: My ex-wife and I are of the same nationality, non-muslim. We were married back home and divorced back home in Feb 2021. The court granted custody to me. I live with my children here in the UAE. The children are 16 and 9. She refused to go back home and now is an illegal alien in the UAE having an expired tourist visa. She threatened me to go to court here to take back custody. Can she do that?

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What is the expected punishment for testing positive on drugs in the UAE?

Q: My friend was caught 2 months ago for an attempt of promoting drugs. 3 days later, I was taken for questioning and they did a test which was positive (crystal meth) and I was released on the 3rd day. A few days ago, I received a message saying I should attend a court hearing this 30th. My question is, will there be any deportation? Or will I have to pay a fine? I was caught for consumption only, not promoting neither possession.

Selling the company and handing its bank account without the consent of one partner?

Q: I had a trading company in the UAE with a local sponsor of 51%, myself and my partner 49%. We have a joint signature company account in a bank. I left the UAE and was not able to return back. 1. Can my partner operate that company account without my consent/approval? 2. Now my partner has sold that trading company to another person. Can the bank allow that company account to operate? Please advise. Can you provide services for the above on my behalf?

Can the landlord force to renew tenancy if you miss a few days of non-renewal notice?

Q: We notified our landlord that we do not wish to renew our lease contract 75 days before its expiry date. He told us we had to notify them 90 days prior therefore he will automatically renew the lease for one year. After some back and forth, he said we must extend for four months and he will increase the rent for these extra four months. We offered to pay for the days we missed in notifying and we requested to stay for 2 months extra with the same rate but he is refusing. Our contract does not have a penalty clause if we fail to notify 90 days. What do we do?

Asking a tenant to evict an apartment because it is sold

Q: Hello, I had taken an apartment for rent expecting to live there for 4-5 years. Considering it, I had spent a lot of money on moving in arrangements for the apartment. After 3 months of moving in, the owner said he sold the property to someone else. Then the new landlord comes and shared all details of the takeover, and sent me a legal notice to evict the property exactly one year later because the new landlord is coming to stay there. What can be done to protect the situation? As I know this is quite within the legal grounds, so cannot complain, right? But in the future, how can I protect my situation? Maybe by a multiple-year contract? Is it valid? What can I do to protect my existing situation, etc? Could you please help?

The employer refuses to release the employee at the end of a limited contract

Q: Hello, I have been working for my employer for 2 years under a limited contract, and the expiration date is after one month. I’ve told my employer that I am resigning and not renewing the contract. He refused to accept my resignation. But I am going to work till the expiration date of my contract. Can I open a case in advance (before my last working day) that he is not cancelling my visa? Thank you.