Questions & Answers - Legal Advice Middle East

Getting labor benefits based on the actual salary

Q: As per the company advice, I resigned from the service. I was a senior accountant of the company from Jan 2018 onwards. I have not received any kind of benefit like a leave salary yet. My labor contract shows 1200 Basic salary + 300 (Allowance), but I have proof of actual salary receipt to my account. Please help me with a solution if they will not give any benefits (gratuity, leave salary "03 yr 05 months", airfare).

The due diligence before buying an existing mainland company

Q: Hi, I am looking to buy a 15% stake in an existing active company (mainland). What is the due diligence which I must do to ensure I am not scammed? What are the legal and economic aspects I should be aware of? Kindly assist me. Thanks in advance!

The tenant wants to continue leasing a villa while a notice was not sent

Q: Hello, I am leasing a villa in Dubai since July 2020. Along with the Ejari contract, I have also signed an addendum with the landlord stipulating that I need to inform him at least 90 days prior to contract expiry of my wish to either renew the contract or vacate the unit. The notice deadline has passed and I have not informed the landlord of my wish to renew my contract. Some days ago (after the notice deadline), the landlord wrote, requesting to vacate the unit upon expiry of my contract, as he will be selling the unit. The Dubai law stipulates that any non-renewal notice should be given 90 days prior to contract expiry. At the same time, I did not comply with the requirement in the addendum to inform the landlord of my wish to extend. What will apply in this case? Can the landlord use the addendum as a basis or will the Dubai law prevail and the contract will be "auto-renewed"? Thank you for your help!

Does the new law amendment allow pregnancy out of wedlock?

Q: Dear all, I recently got told I will not be able to have a baby and I have severe low egg count, AMH levels and at the age of 38, I am entering menopause. The doctors have said I may have 2 - 6 months to try with IVF but I am at the very near end and I must act fast. I am from the UK and unmarried. I cannot get back to the UK currently as they have strict quarantine isolation and IVF is not seen as an emergency treatment. With the new laws in the UAE now allowing pregnancy out of wedlock is there a chance an IVF clinic would be able to offer emergency IVF without being married? Thank you

Can the plaintiff travel when the labour case is open?

Q: Can the plaintiff travel when the labour case is open? I had submitted a labour case against my company last year, April 2020. I got a favourable judgement from the court and it is in the execution stage. I would like to travel to my country for marriage and stay there for a maximum period of one month. Do I need to follow any formalities before travelling? Thanks in advance!

Serving a notice period while the residence visa is going to expire soon

Q: Good day ahead, My unlimited contract and residence are visa going to expire in July 2021. Can I ask for non-renewal and leave or I should serve the notice period?

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Employee's availing of annual leave after exhausting the paid sick leave

Q: Hi, I represent a company and would like to seek clarity for the following scenario: If an employee has exhausted his paid sick leaves of 15 days and is still not able to join work back due to his persisting illness, can the employee opt to avail his annual leaves instead thereafter of avoiding the 50% pay cut due to the availing of 30 days sick leave provision available to an employee? Kindly advise as it would be of great help, please! Many Thanks,

Visa cancelation by an employer while an employee's dues are not settled

Q: Hello Sir, I have worked for a company for 4 years and 4 months on an unlimited contract and resigned after serving a notice period of one month as the employer was not paying me the salary properly for almost a year. Now, he hasn`t settled my EOSB, pending salary but canceled the visa. How can I claim my dues?

The buyer is unable to handover the salon after paying a down payment, what to do?

Q: Thank you in advance for this platform which helps others. My wife paid a business owner a down payment of 45,000 AED for a salon that they are selling. This was in December. The owners signed an agreement that they will hand over the documentation and tenancy contract to us. They gave us the key to the unit as well since the salon is closed. Due to an issue with their property management, the handover was delayed and they missed out on several deadlines that we have an agreement on in writing. They gave a security cheque of 45,000 AED as a guarantee with a promise in writing that if they don`t hand over the business, we can encash the cheque. It has been 3 months since they committed to hand over the business, They are not answering calls and are not cooperating. We want to deposit the cheque. If it`s bounced, we will bring it to the attention of the police. May we request your advice on this situation!

Asking an employee to resign due to failure to meet his target

Q: Hello Maam /Sir, Please advise on my case! I was hired last April 6th, 2021 with a visa for a tourism company here in Dubai. I truly signed on both parties for my monthly salary amount of 2500. At the end of the month, I received 1000 as HR advice was to reach my target before I get my salary. Unfortunately, I was not able to bring them the target as mandated monthly. Today, my employer called me to his office and was angry due to sales target issues. In short, he was advising me to send my resignation and said that he will make my life a hell. Now my question is: will it be possible to report absconding against me when I send my resignation to them? Kindly be informed that my contract is a limited contract. Please advise!

Non-renewal of a limited contract without notice after confirming its renewal

Q: I am working with a commercial laundry in Abu Dhabi since last two years. My visa has expired on 15 May 2021. A few days ago, my manager and HR asked about renewal and I said "yes" and they also said "OK". Now, the company manager is saying they will not renew my contract (fixed 2 years). There was no information or notice given to me to date and still, I am working with the company even while my emirates ID and visa have expired. It is hard to find a job within days. It was better if they would have informed me at least 30 days prior to the visa expiry date, so I could look for something around. What are the legal procedures or actions which I can take against the company because it is not the right way to cancel my visa without telling me on time?

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An employee issued a security cheque on behalf of the company, what to do?

Q: Hi, I had given a security cheque of AED 5000 on behalf of a company I was working for as at that moment the owner was in the process of changing the bank account. Therefore on goodwill, I had given my personal cheque. I left the company and now the company is not paying the service provider and therefore the service provider has deposited the cheque even though I clearly asked them not to, as I am not part of the company any longer. I have now asked the service provider to return back my cheque and to send their collections team to the head office to get their payment sorted. Is there any way I can take this matter to the police as the company is still running and the owner is still around? All invoices were issued under the company. I would much appreciate your assistance on this matter!

The calculation of annual leave in different scenarios

Q: Hi, Quick questions: 1- How is the annual leave calculated if someone has completed more than one year in service. a- Leave of 30 days in 12 months; i.e. 11 months of work + 1 month leave = 30 days in 12 months. b- Leave of 30 days after completing 12 months every year; i.e. 12 months of work + 1 month leave = 30 days in 13 months. 2 - Is the leave period considered for the calculation of subsequent leave entitlement? Or is it calculated from the date of rejoining after leave (leave period excluded)?

The landlord is not responsive when informing him about vacating the apartment

Q: I informed the landlord via WhatsApp and emails that the apartment is vacated and I am ready to return the keys. There is no reply from the landlord. I returned the keys via RDC. The landlord demands the full rental amount now for not returning the keys earlier.

Applying additional 3-month probationary period upon changing position

Q: After the 3-month probationary period passed, the company discussed with me about adjusting my position, but asked for another 3-month probationary period, is it legal?

Job role is different from what the employer told the employee

Q: Dear Mam, I am currently working in Ras Al Khaima as a limited contract staff. Currently, I am in probation period and have finished my 4th month of probation. In the present condition, the job role is different from what the employer told me at the time of joining. I would like to know, am I able to resign after my probation period? And should I pay anything for my company? And will be there any problem for submitting resign before the completion of my contract? Kindly requesting your advice, Thank You!