Questions & Answers - Legal Advice Middle East

The rights of an employee worked without contract after termination

Q: I have been working under a probationary period and I didn`t sign any contract with them. I didn`t go to work for 24 days then my company decided to terminate me and hold my passport. I want to settle with them but I am tested positive for Covid 19. I went to DHA facilities. I can`t talk to them personally but I`m sending emails to them about my situation. My question: it is legal that workers like me work with valid contracts? Can my employer hold my passport? Can I get anything from my company?

إنهاء عقد عمل محدد المدة في ظل أوامر الدفاع

س: هل يجوز إنهاء عقد العمل غير محدد المدة حاليًا في ظل أوامر الدفاع؟

How to file a bounced cheque case to recover your money

Q: Can I legally claim back money lost in a transaction through a bounced cheque?

Should I pay the visa charges when I get a job offer from the UAE?

Q: Hi, I got a job flying job offer who can apply with low hours from Linkedin and I sent my CV and they called for a Skype interview. It was a 12-min interview. They said for the type rating I have to pay 40% and the company pay 60%. After 6 days, I got a mail by saying I have been selected. They sent me the offer and description. That particular company has a website and mentioned an address too. Its a private jet charter airline. Yesterday I got the offer and said to me to come on 15th February. They said to come with a tourist visa and once I come to Dubai, they will issue a work permit. I just want to know if the company is real and if they offer me a job, they should provide me with a working visa before entering the country, right?

رفع الحجز المقرر على ثلاث مركبات بسبب كمبيالات بعد دفع الربع القانوني

س: السلام عليكم، اشتكى شخص ضدي بمبلغ ١٧٠٠ كمبيالات. دفعت الربع القانوني وعرضت تسوية ولكنه رفض. قام بعمل حجز على ٣ مركبات مُسجَّلة باسمي لكنها ليست لي. ما الحل؟ وماذا يمكن أن يحدث؟ بارك الله فيكم ولكم!

توزيع أنصبة الورثة في بيت يستأثر به أحدهم

س: لنا بيت ورثناه عن والدي. أخي الأكبر يسكن في البيت بدون أي مقابل. أنا وإخوتي نريد البيت ونرغب في إخلائه. ما الخطوات اللازمة لعمل ذلك؟

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How to get legal assistance for a startup business in Jordan

Q: Working on a business plan for a startup in Jordan. Currently in the UAE and sourcing legal and business advice in Jordan for the project. Please advise if you would be interested/can assist.

Filing a case against a company for failing to provide services after payment

Q: Good day, Please advise on the following: Our company ordered an advertising service from another company in Dubai. We have paid the full amount in advance, but have not received any service. It`s been around 11 months since the order was placed and paid. The advertising company representative doesn`t answer phone calls, same goes for their office. Our company owner wants to raise a legal case against them to recover the amount paid. Please advise what is the process and the cost of the same. Thanks in advance.

The repercussions of leaving work without informing the employer

Q: What are the provisions in labour laws if someone leaves the country permanent, without informing the employer due to family emergencies?

How to clear a bounced cheque jail sentence and return to the UAE

Q: Hi, I have a cheque case in UAE (Amount is AED 345000) since 2018. During my absence, the court has judged 18 months of jail. Now I`m in India, how I can clear it with the use of a POA and what is the time frame as well?

How to make loan settlement with the bank to avoid a civil case

Q: Dear Legaladvice Me, I have a personal loan of 28k and accrued to almost 50k currently that was not paid for almost 2 years now. The bank has already bounced the cheque and fine has been paid. In relation to this, I have questions Will the civil case likely happen? Is it better to wait for the civil case or negotiate with the bank as I believe it is still can be negotiated through court? I have been trying to ask for a discount but the bank is not refusing to. Looking forward to your advice.

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What do you need to conduct the business of a parent company in the UAE

Q: I am planning to form a US-based LLC with a business partner to create a smartphone application in Farsi & Arabic. One target population will be the UAE population. How would I go about finding an attorney with experience with this? Specifically, understanding any local legal requirements, how offshore companies can operate (will be sold through the Apple app store and Android store... etc.).

SPA termination & refund case if the developer fulfills obligations during the case

Q: Termination of SPA for a delayed project with a Real Estate Developer. Assumptions 1. Anticipated Completion Date as per the SPA: Q1 2017 + 12 months 2. The last available project status as per Dubai Rest: 94%, as of February 2019. However, the developer says that the project has been completed 3. The developer has been misleading the investor about imminent completion for about 3 years (evidence is available) 4. Investor fulfilled all his obligations 5. Price paid: 80% 6. Investor registers a claim for contract termination after about 3 years of delay 7. Developer is at fault at the date of starting the litigation I would appreciate your opinion on how likely are Dubai Courts to support the annulment of the SPA if the developer sends a handover notice to the investor during the litigation? What does it depend on? Thank you.

استخراج أوراق ثبوتية لطفلة رغم إنكار أباها لها

س: السلام عليكم، أنا امرأة مطلقة ومن دولة عربية. تعرفت على رجل إماراتي وأقمت معه علاقة. ورغم أنه وعدني بالزواج، إلا أنه تراجع بعد علمه بحملي، بل وأنكر علاقته بي. الآن لدي ابنة عمرها ٥ سنوات أنجبتها من روحي وقمت بتربيتها أحسن تربية ولكنها جاءت إلى الدنيا بدون زواج وأبوها يرفض الاعتراف بها وأنا لا أستطيع أن أرفع شكوى أو قضية عليه. للأسف خدعني وحملت وحاولت كثيرًا أن أجهض الطفلة وفكرت حتى في الانتحار لكن الله ولله الحمد له شأن آخر. تبت إلى الله ورجعت لطريق الصواب ولله الحمد والله يثبتني. الآن أريد استخراج أوراق لابنتي لأني لا أعلم أين والدها الآن ولا أعرف أي شيء عنه وحتى لو أعرف لا أريد أن أتواصل معه حتى لا يستغل ضعفي وقلة حيلتي. ابنتي الآن نقطة ضعفي. أرجوكم ساعدوني ولكن بدون بلاغات أو قضايا!

How to recover commercial invoices pending with other companies

Q: We run LLC construction and transportation company established in Dubai and Abu Dhabi. Both are separate companies. However, there are companies that owe us nearly 3 million. - Among the companies, one of them was executed in 2013 and paid us 26% (600k out of 2.3M) of the total amount. - The second company was declared as defaulter 3 years ago and has to pay us yet. No execution has taken place. The lawyer was hired and the case is still with her. - The third company, main-contractor and we as sub-contractor. Recently, the project got terminated by the client and owes us around 850k, no claim has been filed yet. My question to a lawyer: 1. Can I re-open a case against the first company and transfer it to Saudi Arabia where they`re based? I`m not sure if they still have projects in the UAE. 2. Do you see all these as a potential case that can be executed and handled by a single lawyer? If yes, I can email you all the documents and I would like to get feedback so we can proceed further. Thank you

Consequences of the early termination of a renewed limited contract

Q: Dear all, I completed an initial 2-year limited contract which ended in January. Now we will sign a new contract, likely also limited. If I did not continue my employment (i.e. renew), I think I would be entitled to 42 days of EOSB plus one month of annual leave not taken. If I sign a new limited contract with one-month notice period but leave before the end of that contract`s term (and before completing 5 years of service), do I lose that accrued EOSB even though I completed the first contract? Plus would I be liable to pay a 3-month penalty?