Questions & Answers - Legal Advice Middle East

Refusing to cancel the visa despite serving the notice period

Q: My employment contract has been terminated and I have served my 2 months` notice, but my employer will not cancel my visa. Is this illegal? If I leave the country, can my employer file a case against me for absconding?

The best strategy to settle a loan and remove defaulter's name from the blacklist

Q: Hello all respected lawyers, I left the UAE because of job loss in 2009 and, at that time, I had an unpaid loan of around AED 200,000 from a bank. It must have reached millions now after years of interest. I started my life afresh and after 10 years, I got little stability in life. Now I am in a position to pay around AED 100,000. With your experience, do you think that the bank will be able to accept this as a final settlement and clear my name from the blacklist? Your suggestion is highly appreciated and if you think this amount will be acceptable, then I would like to do it through a lawyer. Thanks in advance!

Claiming back down payment from a broker after securing a house loan

Q: Dear Dr Amira, I entered into an agreement with mortgage brokerage to help me procure a loan for a property in Dubai, further to which the firm asked me to pay upfront an amount of AED 470K. This included down payment and other misc. charges. The brokerage company has managed to procure the loan but now have used my down payment and does not have the funds to conclude the transfer. What are my legal options? Please advise

إجراءات إنشاء شركة تجارية

س: السلام عليكم، أرغب في إنشاء شركة تجارية؛ حيث أقوم باستيراد القطع الإلكترونية وغير الإلكترونية من الخارج ثم أعمل على تجميعها وتصنيعها في الأردن ثم أشحن المنتج النهائي للزبائن في الخارج بشكل أساسي وداخل الأردن. أتمنى الحصول على معلومات حول الإجراءات التي يجب اتباعها للمبادرة بالمشروع مثل إجراءات ومتطلبات تسجيل المشروع.

حق صاحب العمل حين لا يلتزم العامل بفترة الإنذار

س: أنا صاحب عمل ولدي عامل تقدَّم بالاستقالة ولم يلتزم بفترة الشهر الإنذار وداوم 14 يوم فقط من شهر الإنذار. عند تقديم شكوى ضد العامل، قال المستشار القانوي الذي اجتمعنا معه أنه لا توجد مشكلة ويرجع العامل لإكمال الشهر! هل يجوز ذلك بعد إخلاله بالعقد؟ وما الحق الذي ينص عليه القانون لصالحي؟

الحاجة إلى وثائق مهمة لدى العودة إلى سوريا

س: ماذا يجب أن أفعل إذا كنت أرغب في العودة إلى سوريا، لكنني بحاجة إلى وثائق مهمة؟

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Company's refusal to pay an employee's annual paid leave

Q: My friend has a contract which states that she gets 30 days` annual "paid leave" after every 12 months of a completed work year. With approved and signed leave, she went on leave, and on return, the company refused to pay her 30 days` salary whilst she was on leave. What can be done?

Following up on a case without being in the UAE

Q: I am a converted Muslim. I have an inheritance judgment from Dubai family court, on my estranged non-muslim son, since 2013 and the monthly inheritance is being transferred to a bank account in Dubai by the court directly since then. I am residing in India due to old age and poor health. Can I follow up on my case without a residence visa for an enhanced inheritance?

The required documents to collect funds from a deceased bank account

Q: Hello everyone, Good day to all of you! My father recently passed away (may he RIP) in Canada, I just found out he has a bank account in Dubai and would like to understand the procedure to collect the funds and close the account. We are Muslims as I understood that this might change the procedures (?). I am looking to hire a lawyer to help out with the above. I just need to know exactly what documents do I bring with me from Canada. I have the following already attested and certified by the Canadian Ministry of Foreign Affairs and the UAE Embassy in Canada: 1) A will issued in Canada. 2) Death certificate. 3) Power of Attorney from my siblings. Thanks!

Getting back to Dubai after leaving without proper visa cancellation

Q: Hi, I lived in Dubai for 17 years and met my British husband whilst being there and we married. 4 years later, he hit me and financially abused me so I fled to the UK with our 2 very young children. I was not working at that time but was on his visa as a spouse. My visa was not properly canceled and it expired18 months ago. I am not on good terms at all with my ex-husband. Am I safe to visit Dubai again? Or there will be a problem if I go there because of not canceling the visa officially and absconding with children? We have UK court orders for divorce and the children are court-ordered to live with me. Please advise!

Submitting documents to apply the highest punishment to a murderer

Q: Hello, Greetings! I am from Bangladesh. My father was murdered in the UAE by a culprit. I want to know something about the law of the UAE concerning a murdered person, anyone murdered in the UAE. Is it mandatory for a victim`s family to send some documents in regard to expecting the highest punishments to be applied to the culprit? Or if it is a government case, it will run automatically? Is it necessary according to your law to submit any documents for applying the highest punishment? I am a victim. My father was killed in the UAE by a culprit. Now the culprit is in police custody. I hope you will help me in this regard! Thank You

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إثبات طلاق تم في محاكم فرنسا لزواج تم في سوريا

س: تزوجت سورية من لبناني في سوريا ثم هاجرا إلى فرنسا، وهناك حدث طلاق في محاكم فرنسا بعد أن حصلت الزوجة على الجنسية. يقول البعض لهما أنه يجب أن يتم الطلاق رسميًا كذلك في سوريا لأنهما تزوجا هناك. فهل يجب ذلك؟ وهل يمكن التطليق في سفارة سوريا بفرنسا؟ أو من لبنان؟ أفيدونا جزاكم الله خيرًا!

الإجراء القانوني ضد شركة تؤخر دفع الرواتب

س: أنا مهندس مدني أعمل في شركة مقاولات. الشركة تدفع الرواتب متأخرًا بمعدل 4 شهور؛ فهي تدفع الرواتب شهريًا، ولكن بتأخير 4 شهور. بمعنى نحن في شهر 2 ننتظر راتب شهر 10. ما حقوقي؟ وما كيفية تحصيلها بالقانون؟

The right decision upon handover delay by a developer

Q: Background: 1. SPA was signed in March 2014. Original delivery Date Jan 2017. SPA permits 1yr delay. 2. I have made 35% on account payment. 65% was due on handover. 3. I completed snagging Q3 2019 and de-snagging last week (Post Jan 29, 2020) 4. Received handover letter in Dec last week 2019 to settle 65% by Jan 29, 2020. 4. I have been requesting/discussing since early Jan 2020 to provide me a discount/compensation for a 2-year delay and settle the net payment. Discussions are still in progress with no end date in sight. My Questions are: A. How to proceed? (i) Should I make 65% payment 1st and then seek delay compensation? (ii) Make on account payment after netting off my expected discount amount? (iii) Continue to wait for the developer to provide me the discount amount? (iv) Explore cancellation of the contract and seek a refund of 35% along with interest? Thanks!

Claiming refund and compensation from a developer

Q: I purchased an apartment in August 2007 which was due for handover on October 31, 2009. The purchase price was AED 1.42 million. The payment term was 50% in 7 instalments and 50% on project completion. I paid 50% as per the agreement, The developer informed me sometime in 2008 that the project was delayed due to force majeure as the substation in Business Bay was not complete. Now it is 2020 and the project is still not completed. The substation in Business Bay had been completed years ago. I would like to know if I am entitled to compensation for the delay or can I cancel the purchase in its entirety and get my money back along with interest? Please advise me on my options and what steps should I take forward.

Termination during the probation period and visa transfer costs

Q: If we hire a person and he fails during the probation period and we decided to terminate him, will we pay his visa transfer costs? or he will be charged for them?