Questions & Answers - Legal Advice Middle East

الإجراء القانوني المتَّبع حال عدم إنجاز المشروع العقاري في موعد التسليم

س: اشتريت شقة في دبي بتاريخ 25/03/2019. موعد التسليم المتوقَّع: الربع الأول من عام 2020. نسبة إنجاز المشروع 25٪ بتاريخ اليوم. هل توجد غرامة تأخير؟ وما الإجراء القانوني الواجب اتباعه في مثل هذه الحالة؟

Legal way to resolve legal issues among partners of a company

Q: One partner wants to leave the company. What are the options if the other partners are not willing to let him go? It`s a tech company and the partner in question is the CTO, without him, the company will almost certainly fail. There are accumulated operational losses to the tune of AED 4 million. It`s a Dubai Mainland LLC. The second partner is a Dubai company who acts as a collaborator in some of our projects. We recently found out that the GM and a couple of top managers in that company are building a clone of our most promising product. We can prove it too. Both the teams happened to bid for the same opportunity and the customer realized both are exactly the same product and informed us. Is this enough legal grounds to demand release from the partnership?

Settlement with the bank for defaulting on a loan due to COVID-19

Q: Hi, I have an outstanding loan with 97000. I have been always paying and have a good history with the bank. The loan was given with a salary guarantee from my company. I work for a reputable airline, however, I was just notified a couple of days ago that I have been made redundant due to the pandemic. I understand the bank will seize my end of service gratuity. That will leave me with around 70000 outstanding. Based on the current market situation it will be hard to find a job on time. I have an official letter from my company with the reason why my contract was terminated, although my contract is auto-renewal. I have a few questions, if I may. 1- Since I haven’t missed a payment before, when does the bank issue a travel ban? 2- What are my options at the moment? I won’t be able to repay the outstanding unless I find a job. 3- What kind of legal action can the bank take against me?

Bank obligations in case of employment termination for COVID-19

Q: Hello, I’ve been in redundancy from my employer related to COVID-19 impact to the industry. What will happen to my personal loan?

Claiming passport back from police after a car accident

Q: Dear, Last October, my husband had a car accident, and after a few months, the police took his passport and still has not given it back. Every time upon visiting them they suggest a new time or a new phone number for follow up. His visa has been expired and the car registration (Mulkiya) would be expired very soon. What can be done to get the passport back? Kindly please help with advice. Regards

Getting a freelance license during COVID-19 Pandemic

Q: Hello, How can I support myself with a freelance license during COVID-19 pandemic situation?

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رفض إعطاء براءة ذمة بعد انتهاء عقد الإيجار لعدم الإبلاغ مسبقًا بالإخلاء

س: السلام عليكم، انتهى عقد الإيجار في 19/05/2020 في الشارقة. عندما طلبت براءة ذمة، طلبت إدارة المبنى إيجار شهرين غرامة لأني لم أبلغ خطيًا بإنهاء العقد قبل شهرين. عندما طلبت نقل الأثاث، رفضت الإدارة بحجة عدم دفع الغرامة، وبسبب الإغلاق الحالي، أصبحت إجراءات المنازعات الإيجارية بطيئة إلى حد ما. ما الحل دام فضلكم؟

Filing a case from abroad against a tenant because of a bounced cheque

Q: I am a landlord. The tenant`s cheque bounced, and he refuses to pay the cheque knowing that I am living abroad. I would like to know if a lawyer can file a case on my behalf for the bounced cheque. I am looking forward to understanding what can I do to preserve my rights.

Employee benefits in case of termination during probation

Q: Respected Sir, My company terminated me under the probation period. What are my rights? Can the company give me the air ticket and salary? Thanks

How to reschedule bank loan payments in case or leaving the UAE

Q: Good afternoon, I’m a doctor who lives and works in the UAE. I have a current personal loan which I’m paying it regularly but I have a better offer to move and work in the UK. Is there a way to contact the bank and reschedule my loan payments and pay them from the UK? Obviously, this will need more scheduled payment years as my salary in the UK will be less than the UAE. To make it clear, instead of paying my loan in 4 years as here in the UAE, can I schedule it to 8 years? Thanks!

Requirements and procedures of attending an online labour case hearing

Q: Good afternoon, I have a few questions regarding my upcoming labour case. My contract was unlimited and my employer falls under the immigration authority, where I worked for 3 and a half years and I have a claim amount of AED 36,000. I have filed a labour case for unfair termination and I`ve had my case registered through Adheed Centre. They have filed my complaint and given me my case number and now I have been asked to attend a first hearing on the 7th of July and I`ve been told that it will be a remote hearing. I just wanted to know if possible what the procedures are for this remote hearing and how it will be and if it`s necessary to have legal representation for my labour case? Having seen the people in the Centre, I am pretty certain a good number of them can not afford a lawyer as well. So in case they don`t speak Arabic and don`t have a lawyer present, how will the hearing and case proceed?

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Terminating an employee for poor performance and misappropriation of funds

Q: The company`s accountant has not been performing his duties professionally and has received several warning letters. He was also not producing any kind of reports despite requests and warnings. His salary was cut several times due to this. Finally, upon being forced to produce at least some report we found many issues including approving expenses without Management approval, cash missing which he was responsible for, not recording transactions properly... etc. We want to dismiss him as he made serious problems for the company and we don`t want to pay any benefits except for the last salary. We have filed a complaint to MOHRE based on Article 120 asking for termination and damages, but he also filed a complaint asking for full benefits. What is the safe procedure for us to close this matter?

Claiming unpaid fees and traffic fines from a car rent client

Q: I have a rent a car company. A client returned a car but has not paid rental amount yet and has around 25000 traffic fines also due on him. I got the papers signed from him (of all fines and rental invoice) but he is not paying, what can I do to recover my payment? The client is simply refusing to pay anything he says he has no cash yet. I am concerned about the traffic fines payment.

Inability to continue paying the installments of a property because of COVID-19

Q: Hi sir, I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021. My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay. My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far. My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account? What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions. Thank you!

Status of UAE visa after relocating to another country

Q: Hello, If a girl (25 years, Dubai born) marries an Indian citizen and resident in India, what happens to her Dubai Residency Visa? Can she keep the Dubai Resident visa legally?

استعمال تسجيلات المكالمات الهاتفية لإثبات الضرر الواقع على الزوج

س: هل يمكن للزوج استعمال تسجيلات المكالمات الهاتفية لإثبات الضرر من الزوجة؟ وبشكل أوضح، في حال تسجيل الزوج مكالماته الهاتفية مع زوجته، وقدَّم هذه المكالمات للمحكمة لإثبات الضرر الواقع عليه، هل هناك مسؤولية قانونية على الزوج؟