Questions & Answers - Legal Advice Middle East

Increasing the price of restaurant's food items on third party platforms

Q: As a restaurant, we have the same price for our food items on dine-in, delivery menu, our website, and all other social media platforms like Google, FB...etc., wherever we are selling directly. But when we are selling through a 3rd party platform, they charge a minimum 25% to 30% commission, and that is incurring losses. We want to keep our prices 20% higher on 3rd party platforms to pay for the margin. Salespeople from these 3rd party platforms claim that it is not allowed by the UAE government under consumer protection law; Federal Law No. (24) of 2006 On Consumer Protection. However, I read the law myself and it doesn`t mention anywhere that a restaurant can`t have a different price on their own website /dine-in menu via 3rd party platform. A lot of other restaurants have different prices on their own website and a higher price on a 3rd party platform. Can you please give us legal advice if we can have a 20% higher price on 3rd party online platforms? Thanks!

The rights of employees upon shutting down a company

Q: Hi, I have an LLC company here in the UAE. Due to financial difficulties, I am not able to run it further. Hence I have decided to shut down the company. I want to check how much notice do I need to give to the employees. All the employees are on limited contracts. Can I issue a 30 day-notice period letter to them for operations closure? I will give the salary to them till the last day of their service and will also provide them with airfare to get back to their home countries after visa cancellation. Also, I want to write in the notice period letter that if at all I find any suitable buyer for the company, the company shall continue under the new buyer`s name. But if no suitable buyer is found till the notice period ending, I shall liquidate the company. Kindly advise on the legal complications involved in this!

Claiming the amount of a bounced cheque paid for car price

Q: Hello madam, My question is about cheque bounce. I sold my vehicle to a person who has given me a closed account cheque. He is going to sell the car to another one within 4 days. They are not afraid of the case.

Claiming money back from a travel agency due to poor services

Q: Hello Legal Expert, A tour & travel company located in Dubai has promised many things at the time of selling tour package, however, they failed to provide services on the ground. After so much communication with them, they accepted the fact of their poor services and agreed to cancel my membership and promised to return my money. However, they keep deferring the date for money return. Later, they said that money will be returned in 6 installments through bank transfer; no post-dated cheques. I agreed to this proposal also. As per the last email from them, the 1st installment was due on 5th Jan, but again they failed to pay the money and always give new excuses. I have all the email communication of their false promises. So please advise further legal action I can take against this company. Thanks for your advice. A.J.

Getting the amount of a bounced cheque after car buying fraud

Q: I sold my car and the buyer gave me a cheque. The cheque bounced because the account is closed. He is doing this as a regular business. I have already filed a complaint to the police station and I`m waiting for the judgment from the court. Maybe he will get the fine only. How can I get my money? Which case should I file: a civil case or a car buying fraud case? He may not have anything under his name. If a civil case is filed against him, he knows how to avoid this case .This person has more than 14 cases. Recently, he got out of jail. The issuer of the cheque is a local Emirati guy.

Claiming labour dues from employer after arbitrary dismissal

Q: Kindly help me with the query. I worked for a company for 3 years 9 months. I joined the company on April 30, 2016, and my employment contract was terminated on Jan 12, 2020. I am I eligible for notice pay, gratuity, annual leave entitlement and other compensation? I was on an unlimited contract and my termination was arbitrary. Can I claim compensation for 3 months` salary if I can prove it? My notice period is 1 month as per my contract. Thanks for the help in advance.

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السفر إلى السعودية بعد التخلُّف عن سداد قرض في الإمارات

س: عملت في السعودية من عام ٢٠١٦ إلى عام ٢٠١٧ ثم انتقلت إلى دبي وهناك أخذت قرض من مؤسسة للتمويل، وبعد فترة، تركت العمل ولم أستطع استكمال سداد مبلغ ٤٠ ألف درهم. وقعت شيك ضمان وخرجت من البلد بدون تسديد باقي القرض، والآن أريد السفر للسعودية للعمل كي أستطيع سداد هذا الدين. هل يمكن أن يحدث لي أي شي في مطارات السعودية أو يتم القبض عليّ هناك؟ توقفت عن سداد القرض في ٢٠١٨. هل يوجد ربط في قضايا البنوك والشيكات بين الإمارات والسعودية أم لا؟

Liability for the security cheque bounce issued for rent

Q: The name which is under the tenancy contract is the company name and renting the flat for staff accommodation. The guarantee cheque is under the name of the same company employee, in which the agreement was that the tenancy contract is under company name and company is using the flat and they`re liable to pay every month. The cheque was bounced due to non-payment of the company. Can the owner of the cheque file a case? Can the owner of the cheque ask for her cheque back and replace it with a company cheque?

Procedures and requirements for opening a branch of an offshore in the UAE

Q: Can I open a branch of an offshore company in Dubai without a local sponsor?

Continuation of the salary benefits paid for three consecutive years

Q: If an employee gets a benefit for three consecutive years, will he be entitled to the same benefit for the following years?

Bouncing the security deposit cheque by the landlord after giving NOC

Q: Hi, I had vacated my flat before the contract term ends. I received the required NOC and paid for the maintenance as requested by the landlord and submitted all the clearance letter to the landlord, hence he had not returned by security deposit cheque and had deposited the cheque in the bank which got bounced. What can I do in this case?

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عدم حصول الموظف على راتبه لمدة ثلاثة أشهر

س: السلام عليكم، أعمل في مطعم ولم أحصل على راتب 3 أشهر. ماذا أفعل وهذا العقد هو عقدي الثاني؟ أقدم شكوى أم أستقيل؟

Closing a joint account after husband's death without a will

Q: Hi Ludmilla, My husband (German) died and we have a joint account. He didn`t write a will. How can I close the account at Dubai Courts? We have 2 children; a daughter lives in Dubai and a son in Munich. His parents are not alive. Which documents would I need? Thanks!

Preventing daughter from traveling without mother's permission

Q: I have separated from my husband for almost 12 months. Our daughter lives with me. He sees her a few hours a week when he wants. He is her sponsor, I am on a work visa. He is holding her passport. I am concerned that he may take her and leave the country without my permission.

Resigning from a company due to nonpayment of salary

Q: Hi, I am the manager of a foreign company representative office. The company hasn`t paid for my salary. Even they have not paid the final settlement for an employee who has left. Can I get my name removed from the representative office license and seek another Job? Or can I cancel my visa and left the country for good? Can I legally leave the manager post from the license due to the nonpayment of salary? The foreign company owner is based out in India and there is just a representative office here.

Cancellation of a work visa while the company files a counter case

Q: Hello, I have a query regarding the non-cancellation of my visa. My contract is a limited contract (three years in a free zone). I resigned after completing 2.6 years. Due to non-cancellation, I have submitted a labor case. Also, I have requested Al Adeeb Center for a NOC in order to cancel my visa. I have submitted the NOC to the free zone authority two weeks ago for cancellation but they contacted my previous employer and have advised that they are going to put a counter case. After two weeks now, the free zone authority informed me that the company submitted the counter case. 1. Is it possible to really put a counter case like a breach of contract here in my scenario? (as my company asked me to pay 27,000 AED for visa cancellation which I refused and that is the reason for opening a labor case) 2. I need to join a new company to survive in this country with family if the free zone authority is not supporting. Working with my previous company is not possible. What is the best scenario for my visa cancellation?