Questions & Answers - Legal Advice Middle East

Visa cancelled, salary unpaid. How to check if my UAE employer filed absconding?

Q: Hello, My visa has automatically been closed since I’m outside the UAE. But my company didn’t pay me the final month’s salary and settlement. I submitted my resignation from outside the UAE, as the company suggested I take a leave instead when I resigned from there. Now I filed a complaint through MOHRE customer service for the salary, but the response was that they couldn’t find any issue. I’m not sure how the company cancelled my visa without clearing the payment. How can I check if they have filed an absconding case?

Terminated without warning for unsatisfactory performance. What are my rights?

Q: Hello, I have been terminated by my employer suddenly with the reason of unsatisfactory performance; however, I did not receive any feedback in this area. In fact, I received an increment last month with no prior warning letters. I am really shocked by this decision, and during the meeting, I was pressured by the line manager and HR Director, due to which I got overwhelmed and signed the termination. They gave me a 3-month notice period under Article 43. Also, in my EOS calculation, they only included the gratuity but did not add the annual leave pay or the 3-month notice period salary. It’s my third year in the organization, and I am on company sponsorship under a limited contract. I want to know my rights as an employee and what action I should take in this regard.

Can I appeal to recover the fines paid for hiring an employee on a visit visa?

Q: Hello, I have received a fine of 50K as an owner for appointing an employee on a visiting visa, and the employee received a 10K fine. It has been paid. Please advise if there is any possibility of getting this money back by appeal. This is my first fine ever, and the employee’s visa has now been stamped.

I made a complaint about my stolen money and could not attend the hearing. Will I be penalized?

Q: Salaam alaikum, I made a complaint at the police station in Barsha about my stolen money 2 months ago. I left the country for a short while soon after that, but since I don`t know the process, I got missed calls from Dubai prosecution and a message from them to visit them on June 15th. I didn`t go since I was outside the UAE, and when I called them back, no one answered the call. Anyhow, 3 days ago, the Dubai Public Prosecution portal shows the person was sentenced for theft, and I also got a message that a judgment has been passed. I just want to know if I`ll be penalised for not attending prosecution, or stopped at immigration when I`m returning. Jazakallah Khair!

Why is my Abu Dhabi police clearance certificate still under review?

Q: Hello, I applied for a police clearance certificate in Abu Dhabi on Tuesday this week. Up to now, I haven`t received it yet; the status is still under review by the concerned party. Please guide!

Can I cancel the deal if an advertised 2-bedroom apartment is officially a 1-bedroom?

Q: Hello, I`m in the process of buying an apartment. The apartment was listed as a 2-bed, and when I asked to see the floor plan, it was marked as a 1-bed. I was told by the agent that this was a mistake/mislabel and that the seller is trying to get it fixed. In the process of obtaining the NOC from the developer, the apartment was again listed as a 1-bed, and when I asked for it to be updated, the developer mentioned that the apartment is officially registered as a 1-bed. Since it was spacious, it was offered as an internal modification, but the official classification is 1-bed and that can`t be changed. I checked with the DLD, and the apartment is registered as a 1-bed as well. I was not aware of any modifications and was not told any of this by the agent when signing Form F. Are the above facts grounds for me to back out of the deal, or does the classification not matter in this case?

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Can a CEO sue for defamation just because I reported his misconduct to HR?

Q: Hello, I work in Abu Dhabi in a non-managerial position. I got into an argument with the CEO of the company, as he was blaming me for something that was not my fault or within my control. He then proceeded to tell me I would be written up for it. My immediate manager is on leave, so I informed him and went to HR to file a complaint of wrongdoing. He then immediately terminated me and told me that he would sue me for defamation. How is it defamation when I only brought the incident to the notice of the two people who are supposed to be involved anyway? Who do I speak to, and can I take him to court?

Who covers accommodation while switching jobs in the UAE?

Q: Hello, I resigned from my previous company after receiving a good offer within the UAE, signed the new offer letter, and served my notice period at my previous company. Whose responsibility is it to provide me with accommodation until my new employment visa is ready?

Can I get my overstay fines waived after a case was recently closed?

Q: Hi, I would like to seek legal assistance. I am currently overstaying due to a complaint registered against me last year, which was not closed even after it was settled. Only today, I received a letter from Dubai Prosecution about the lifting of my travel ban and the closure of the case. Is there any way I can file to claim a waiver for my fines or at least a fine reduction? I only came to know about this case/complaint when I was trying to renew my visa last April, and due to this, I was not able to renew it on time. Please assist. Thank you!

Our CEO made a defamatory comment about me to our staff. Can I file a complaint?

Q: Hello, Our CEO made a defamatory comment about me to our staff. Can I file a complaint?

Is health insurance required for Golden Visa holders?

Q: Dear all, Is health insurance required for Golden Visa holders? They are not employed by a company and do not work in the UAE. Please provide the reference to the applicable law or a source confirming this. Thank you!

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I received a notice from Dubai Court’s Amicable Settlement. Can I negotiate the payment terms?

Q: Hello, I received a notice from the Amicable Settlement Department at Dubai Court regarding a financial amount I need to pay to an individual who lent me the amount. I’m willing to pay it back; however, I am negotiating the payment terms. I have two questions: 1. What is the procedure of the Amicable Settlement Department, as I only received a notification without any other information? 2. Will I be able to negotiate a settlement, and how? Please advise. Thank you!

The agent promised me cashback, but he’s left the company and they won’t pay. What can I do?

Q: Hello, An agent from a company in the housing space promised me a percentage cashback from the brokerage if I booked the house through him. He sent this understanding via both his company and personal email. After regular follow-ups, he paid a certain percentage but claims the company is not willing to release the remaining amount. The agent has since left the organization and started his own business, and I am left hanging to deal with the company on my own. I have never visited or had any contact within the company. Please help or guide me in the right direction, as the amount is my hard-earned lifetime savings and is considerably large.

I’ve paid half of my hospital bill in installments. Can they sue me for the rest if I cannot pay?

Q: Hello, I have already paid half of my hospital bill of 12,990 AED in installments. Now the hospital wants me to pay the entire remaining amount, but I don`t have much money. Can they sue me for that?

My husband has a mental disorder and cannot support us. What are our options?

Q: Hello, If my husband has a mental disorder and cannot provide financially for me and my son, what can we do in this situation? Although his family is financially capable of helping, they are not supporting him. He cannot afford housing either. They are not contributing to his medical care or any of his expenses. I can manage my own and my son`s expenses, but it`s difficult to cover my husband`s as well. Is there any law that can make his family responsible for paying his expenses and medical care?

Can my employer charge me training fees even if I didn’t receive any certification?

Q: Hello, The Second Party shall be obliged to pay back the value of the training (which is estimated at AED 10,000) if they terminate the employment contract of their own free will within one year from the date of commencement, without prejudice to the First Party`s legal or contractual obligations. (The amount agreed upon for the value of the training period must be commensurate with the employee’s period of employment.) I have that clause in my labour contract regarding the training fees, but despite completing 359 days of service with the company, I have not received any such certification from them. Now, the company is refusing to cancel my employment and is demanding that I pay AED 10,000. In response, I filed a complaint with the Labour Department requesting the cancellation of my labour card. However, the process is being delayed, and meanwhile, the company has filed a counter-complaint against me, demanding the full AED 10,000. What can I do?