Questions & Answers - Legal Advice Middle East

إخلال المقاول بالتزاماته وتهديد العميل

س: السلام عليكم، اتفقت مع مقاول على عمل ديكور لمعرض بمواصفات معينة ومبلغ معين ولكنه لم يُكمل العمل وكان العمل ناقص وغيّر المواصفات المتفق عليها. عندما طلبت منه أن نجلس ونصفي الحساب ونُجري تسوية للنواقص الغير موجودة، هددني وأخبرني أنه سيسبب لي مشاكل. ما الطريقة السليمة لحل هذه المشكلة إذا نفَّذ تهديده؟

منع أطفال من السفر بسبب غرامات على والدهم

س: غادرت البلد قبل ١٠ أشهر. طليقتي تخبرني أنها لا تستطيع السفر بالأولاد لوجود مخالفات عليّ بقيمة ٧٠ ألف؛ وهي مخالفات إقامة بـ٢٠ ألف وغرامات بنكية بقيمة ٥٠ ألف. علمًا بأنها دفعت غرامات الإقامة. هل يمكن أن يُمنَع أطفالي من السفر كونهم كانوا على إقامتي إذا كانت عليّ غرامات بنكية؟

What happens when you terminate your limited contract during probation?

Q: If I want to go back to my country on a limited visa within 5 months, do I have to pay a fine to the company, and if I have, how much? Please, can you tell?

Forcing an employee to resign while on vacation and denying his labour dues

Q: I was in India on my vacation. Then when I planned to come back, HR sent me an email no placement for me now and I have to wait until the company gets a project. I sent a reply to the company that they should terminate me if there`s no work but they don`t. They need me to resign and they push me due to financial crises. They sent too many emails that I must resign for getting my settlement quickly for family requirements, but I didn`t get money. HR even didn`t send me how much my final settlement is. I lost more money to stay in India for one month for getting a reply. After resigning, is it necessary to work one month notice period? But how to work from India? I came back and give another resignation with a notice period but they did not accept. Am I eligible for compensation for my loss happen in India and room rent and food money for staying until finishing the case with labor court?

Eviction of a tenant because the cheque is not honored

Q: This is the second time a cheque of my tenant is not honored for rent payment. My relationship with him is not good. Can I evict him? I need my property back. What is the best way to get it back?

The rights of an employee under termination/redundancy conditions

Q: Hi, I lost my job due to restructuring this week. I requested to consume my annual leave before the notice period. As such, I haven’t been handed over my letter of redundancy/termination (something I do not have clarity on). I have had no performance-related issues as I have had great ratings in my 25 years of service. I do hear that my job has been offered to a team member that reported to me and has been put on a trial basis. The company has changed to one month notice period since last year. It used to be three months until March 2020 but Covid19 and poor business are now used as an excuse. What are my rights as an employee under termination/redundancy conditions?

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How to prove paying the rent and vacating property against a claim by the landlord?

Q: Hi there, We were staying on a monthly rent basis in one small apartment which was vacated on 31 Jan 2021. We paid all rents but unfortunately, we don`t have any proof for Nov, Dec and Jan. Now the landlord has filed a case against us saying we are staying at the property and not paying them. Before leaving, we informed them through my email (which is not registered in the records) and cc my husband. We didn`t know that the paper we are signing was a sub-agreement as we never saw a contract before. Now based on this, they have filed a case and fine and rent is levied on us now if the case number is generated. We have a hearing for settlement but the landlord is not agreeing to settle as he is asking us to sign a key form saying we vacated just now on the current date. We need to travel urgently. Will we have a travel ban? We want to resolve the case even if we travel. Please advise

What is the best way to claim unpaid invoices from clients?

Q: Hello, I have a question, few customers are not paying my invoices. We have followed up several times with them. They are not responding to anything after almost 2 years of waiting. How can we get our payment from those companies? Can you guide us? Regards F.

How to appeal a labour judgment granting more dues to the employee?

Q: My employee filed a case for gratuity and I received a judgment to pay AED 40000 for his 10 years of work. But his annual leave was over 1 month every year and the cancellation request period was 25 days. How can I appeal to the court with these details?

What is my legal status upon the expiry of limited contract with unpaid salary?

Q: I worked for a company for 8 years. They sent me a letter for the renewal of my contract and visa last February which expired yesterday. But till now they don`t renew anything and they hold my salary and they told me to hand over all my work to a newly hired employee. And they told me to stop work by the next 15th of June without any termination letter. What shall I do in this case?

المطالبة بمستحقات الإجازات السنوية المتراكمة

س: طبقًا لقانون العمل الإماراتي، هل يحق للعامل المطالبة بالمستحقات الخاصة بالإجازة السنوية المتراكمة لأكثر من ثلاث سنوات؟

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إثبات شراكة في حالة إنكار أحد الشريكين بعد موت الآخر

س: أريد صيغة خطاب رسمي لإثبات شراكة بين مُورِّثنا، رحمه الله، وشخص آخر. توجد اتفاقية شراكة تأسيس كورقة عادية وأيضًا إثباتات مالية بشراكة ومستندات مهمة. شريك والدي المرحوم يرفض أن يسلمنا أرباحنا وحقوق والدنا في الشراكة. ابن الشريك يريد أن يحفظ حقنا وأن يُبرئ ذمة والده قبل أن يُتوفَى لأنه في حالة صحية سيئة. الشراكة كانت بتأسيس مصنع رخام طبيعي و3 معارض وتطورت إلى مصانع أخرى. لم نستلم أرباحنا منذ عام 1997.

The legal liability of a family of a major shareholder after his death

Q: In case of a major shareholder’s death in an LLC, which is already under liquidation due to loss, does the family of the deceased has any legal liabilities?

Can the tenant hold the rent if the landlord failed to fix the AC?

Q: Greetings, A brief about the rental dispute that we have with our office bldg owner: So our office landlord has recently filed a legal case with the Rental Disputes Center against our company. They are demanding us to pay the unpaid rent from March 2020 onwards. We felt it would be unfair for us to continue paying since we have been suffering from a frustrating AC issue since July 2019, and this particular issue has been from the building’s central unit apparently, During the past 2 years of having this issue, we contacted the landlord and his team so many times and asked them to resolve the matter, but these guys didn’t really take any proper steps to resolve the issue. Please note below the clause mentioned in the contract between us & the landlord: "Lessor shall keep the premises in a good state of repair and fit for habitation." Kindly let us have your professional legal advice so that we consider using your services, Thanks, H. M.

Depositing the security cheque by bank due to failing to pay a loan installment

Q: Can the bank deposit my security cheque if I fail to pay any loan installment? How do I act in this situation?

Terminating an SPA due to delaying the handover of an off-plan property

Q: Hello, I am wondering if someone can give me some insight on the following: I purchased an off-plan property in 2017 with an anticipated completion date of Oct. 2018. As we stand today, it is not completed yet and showing 83% complete as per DLD. I have paid 30% + 4% Oqood as per the payment plan so far. At this point due to my financial constraints, I ideally would like to cancel and get my deposit back if that is an option. Would appreciate it if any of you good people can give me some insight into my situation. Thanks in advance!