Questions & Answers - Legal Advice Middle East

Investigating a company for committing financial fraud

Q: Dear Sir/Madam, Is there a path to initiate some sort of investigation by relevant authorities on a company that may have committed fraud by falsifying positive P&l reports in order to obtain loans from a bank? Loans have been used to finance construction projects. The company has in fact been making losses for over six years & directors/owners have used operational cash to finance down payments & repayments, instead of using their own capital. In the process, they owe millions to suppliers and also 100s of thousands to staff/workers as they have been constantly delaying payment of salaries going back 3 years & not paid full salaries to everyone for 9 months. They have been showing/submitting financial reports showing losses as proof/reason for their inability to pay. Is there a way to combat this kind of deception/fraud?

Terminating an employee's contract and asking for medical and visa expenses

Q: I received a termination letter last week, 20th January. I was asked to visit the office. Now, my employer is asking me to pay him visa expenses and insurance expenses (total of 6500AED) since my Emirati ID was issued at the beginning of this month. I started working for the company restaurant (owned by Emirati) in October. When I visited the HR, she asked me how much I will be able to raise regarding the medical and visa expenses! My response was I can`t. I am not able to get the money since I don’t have any source of income. The HR told me that the owners need their money for the expenses and they will do anything to make sure that they make hard times for me if I don’t pay them, claiming that the owner knows people in the immigration and will report me absconding. So, because they are holding my passport, I am afraid to go to the police or the labor department because I am just an ex-pat and they are Emiratis and I can not afford to proceed with any legal action against them.

The available options to manage a loan from outside the UAE

Q: Dear sir, I have taken a loan from a bank, but I had to leave for my job. I am in the UK now. I asked the bank to reduce the monthly installment as I have a relatively lesser salary here and can pay a limited amount every month, but the bank collection department refused my request and threatened to file a police case if I will not pay. How can I manage it? I would be thankful for your response.

Filing resignation letter and getting EoSB without being in the UAE

Q: Good evening, madam! I worked in Dubai for 12 years at a hotel. I left for a short vacation. My mother became very sick and there is no one here to take care of her. I decided not to come back to Dubai. I have sent my resignation letter to HR but they said that I need to send my passport. I can`t send my passport by courier or with friends; it`s illegal. How can I get my gratuity? How can I cancel my visa so, in the future, I can come and work again? Kindly let me know!

Getting separation instead of divorce to remain sponsored by the husband

Q: Hello! I have some questions about my divorce situation. I`m married to Egyptian, we made a marriage in Georgia, but I have Russian citizenship. As I know, we can`t be divorced here. Maybe there are some ways to do it, right? And if I got separation from my husband and still not get divorced (I would like to stay a bit on his visa), will he has any legal possibilities to return me back because we are still married on papers?

Employer's right to ask the employee for visa expenses after termination

Q: Good Day I received a termination last week. Now my employer is asking me to pay him visa expenses and insurance expenses since my Emirates ID came out after begging only this month. I started working for the company in October. Since they are the ones who terminated me due to performance, should I pay for the visa?

Hire a lawyer online

Save time and money. Buy fixed-fee legal services or submit your request and get multiple competitive offers from qualified lawyers.

Buy services Get quotes

Procedures of insolvency as per the new Insolvency Law of Natural Persons

Q: The UAE cabinet approved a new law - The Insolvency Law of Natural Persons. Please advise how to file the insolvency case before the court and the documents required for filing the case.

Claiming back leave benefits of an employee given twice mistakenly

Q: Hi, I just want to ask a question regarding our situation. We mistakenly gave leave benefits to our previous employee twice. What happened is that previously, when she went on vacation last Nov. 2019, she was given her benefits and, this January, she resigned and we gave her benefits again. She still gets the money even though she knows that she received it before. We tried to contact her to give the money back, but she refused to bring back the money. What will be our remedy to collect the money back? Thanks!

The company policy is to keep employees' passports, what to do?

Q: Hi, Relating to my passport, I know it is illegal to withhold employees` passports. Mine is with my employer, and when I requested it a couple of months ago, they said that it is the company policy to keep it. I am about to file a complaint to the Department of Labour, but I just want to get your advice first. They also said to retrieve it, we should apply for an application and state the length of retrieval. Is this common practice here in Dubai? Thank you very much!

تجاوُز الوكيل لصلاحيات الوكالة والإضرار بالموكل

س: وكّلت شخصًا لينوب عني بالتنازل عن قضية نفقة. ذهب هو ووكل محامي ينوب عنه وتنازل عن القضية وكنت قد أبلغته بعدها ألا يتنازل بدون أن ألغي الوكالة. مرت سنة على التنازل، هل أستطيع أن أرفع قضية خيانة أمانة ضده؟

The consequences of resignation in limited term contracts

Q: I have resigned under a limited 3-year contract after completing 2.6 years in DSO Free zone. I have already completed my 1 month notice period. My company is not providing me EOS papers. HR is calling me and threatening that I need to pay a huge compensation saying that one of the projects lost because I have left the company (I have checked with the customer and they told me that it is not correct information). I contacted the Free Zone authority and asked for the court referral papers. I have already informed them that I accept paying 45 days` basic salary for breaking the limited contract. They say that if I didn`t pay that in cash, they will put a personal case on me. Kindly suggest if going to DXB courts is a good option for me or not. Also, what is the number of times I should send emails to my company stating that I can extend my stay after the notice period if they can provide me with EOS papers? (they don`t want to provide that and only want me to continue working after the notice period).

Looking for something else?

Ask for advice from a lawyer

It’s free and anonymous

No registration needed

Ask a lawyer

توضيح بشأن عدم السماح للمسلم بشرب الخمر

Q: ممكن توضيح القانون رجاءً في أمر النايت كلوب (الملهى الليلي) وعدم السماح بشرب الكحول للمسلم. مسالة غير واضحة ممكن شرحها رجاءً!

Misusing signatory authority to transfer money to a personal account

Q: My Indian business partner fled after misusing signatory authority in 2009. Can I sue him for the USD 250K he illegally transferred to his personal account?

الامتناع عن دفع مكافأة نهاية الخدمة

س: السلام عليكم، هل للشركة أي حق في عدم دفع مكافأة نهاية الخدمة لموظف بعد فترة خدمة طويلة جدًا؟ وما الأسباب القانونية التي تُجيز للشركة عدم دفعها؟

Filing a lawsuit against a customer in another country

Q: Sir, I am a senior manager in a nationalized bank in India. A customer of my branch availed education loans in 2004 and 2006 but defaulted on repayment. She presently works in Dubai. Would it be possible for you to file a suit against her in Dubai courts? G. T.

هل يستطيع البنك ملاحقة المقترض خارج البلاد؟

س: حصلت على قرض من الإمارات، وبعد فترة فُصلت من العمل. هل يمكن للبنك ملاحقتي في سوريا؟ وكيف لي أن أسدد من سوريا في ظل الحصار المفروض عليها؟