Questions & Answers - Legal Advice Middle East

How to remove a name from immigration blacklist

Q: Good evening, sir! I am Filipino. I got deported last Friday (Oct/18) due to my nine-day overstay and got deported to the Philippines. After my cancellation from my previous company (Sept/5), I found a recruitment agency that wanted to hire me as a shadow teacher for special needs and promised to process my visa so they took my passport. But they just kept my passport and didn`t process my visa until I became overstay. Last Sunday (Oct/13), I was caught by the CID on the bus and they directly put me in jail. The next morning, they brought me to Um Al Queen Emigration and took the eye scan. I was trying to explain my side but they didn`t listen. I didn`t get any justice. I`m just a victim of the company which didn`t keep its words. I still believe that there is someone who can help me to fix my problem and come back again to the UAE.

طرق ومواعيد معارضة حكم المحكمة

س: طلقت زوجتي ورفعت علي قضية نفقة وقد حكمت لها المحكمة 350 دينار نفقة. كيف يمكنني معارضة هذا الحكم؟

الصلح مع الزوج والرجوع إليه بما يحفظ حقوق الزوجة وحسن معاملتها

س: أرجوكم ساعدوني، فقد طلب زوجي مني الصلح بالشروط التي أريدها (تسديد مصاريفي واحترامي... إلخ). أنا خائفة أن تكون هذه لعبة منه لكي أرجع إلى بيت الزوجية ويتهمني بشيء، كالخيانة الزوجية أو السرقة، أو غير ذلك. وفي نفس الوقت يمكن أن تكون نيته سليمة ويريد أن يجمع شمل ابنته، فما عساي أفعل؟ هل يمكن أن أقوم بطريقة ما بحماية نفسي؟ علمًا بأنه سبق وأن اتهمني أنا ووالدتي بالسرقة عمداً بسبب خصام كان بيننا، وحين اصطلحنا بعدها بسنتين أتفاجأ باستدعاء لي ولوالدتي لمركز الشرطة. فقام بالاتصال بالمحامي للتنازل عن الدعوى. أرجوكم ساعدوني بما هو قانوني، وكذلك بنصيحتكم لي فأنا في حيرة من أمري.

Is it possible to get family visa while a labor case is pending in court?

Q: Shall I get a family visa while a labor case is pending in court? And if I get a family visa, shall I get an insurance card for my family and children?

Filing a case against husband by a non-Muslim wife for adultery

Q: I am a non-Muslim Indian woman. I discovered that my husband is having an affair with another woman. I know it is a criminal offense in the UAE and I want to know about the punishment for such an offense. I would also like to know what kind of evidence is required to file a criminal case? We both share the same laptop at home and the screen was not clear so I took a backup of the pictures where I have my marriage pictures and also my daughter`s pictures. In that, I have found an adultery video of my husband with a woman, close pictures, and some messages. Once I spoke to him about it, he broke the laptop but I have those pictures with me. Please help me!

Terminating an employee without notification while there are unpaid salaries

Q: My employer terminated me at 5:30 on a Thursday before I leave at 6:00 PM for an argument I had with HR. I passed the probation and they didn’t pay me for one month / 3 months and it’s an unlimited contract! I’m going to sue the company but want to know if this case will be taken seriously! Note: the employer is a DIFC company.

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The consumer's right to report high service charges

Q: A chiller company (X) in Dubai is charging AED 2/ton while all other chiller companies charge much less (e.g. (Y) charges AED 0.568/ton). So the difference is huge between those 2 companies. For a 1 bedroom apartment within the same month, X is charging AED 1100 while Y is charging 618 which almost half. Are there no regulations from the government for cooler charges? And shouldn`t there be some customer rights on how much chiller companies can charge? Thanks.

How to close a joint bank account in the UAE in the absence of other partners

Q: I have a joint current account with 2 other persons and I am the primary account holder. The account is dormant with zero balance and I want to close the account. The bank is asking for a letter from other account holders. The other two account holders have left the country long back and no way I can contact them or trace them. What is the legal way to close the account in the absence of the other two account holders?

How to recover money when the project is canceled by DLD?

Q: We purchased 2 flats in Feb 2008 from a developer in Jumeirah village circle in Jouri 1. We paid AED 456,000 and AED 467,000 till Dec 2009 but no construction was done. We were shifted to Jouri 5 and paid 227,000 and 225,000 till 2012. Still no progress so we were shifted to Cadi 5 and paid 1,68,000 and 237,00 till August 2016. No work since then. Amount paid for both is 854,000 and 933,000; total 1,787,000 AED. Recently, we checked the DLD website and found that Cadi 5 was on the list of canceled projects and our names were missing in the 2 units. So we require help in 2 issues. First, to have our names included as owners of the flats. We have all agreements, account statements, and receipts. Second, to help us recover the money. We are in India and visiting Dubai from 26 Oct to 2 Nov 2019.

How to stop harassment from a collection department

Q: The collection department of my bank is harassing me and threatens me about my due balance on my credit card. I informed them that I don`t have work yet and waiting for a job offer. I will settle it once I get a job. What can I do on this matter to negotiate with the bank?

The right to terminate SPA and ask for refund after delay in handover

Q: Hi everyone, I have bought a studio apartment, it was supposed to be ready by the 2nd quarter of 2018 but until now, just 54% is completed as per RERA. I have made payment as per the payment plan 30% + DLD 4% already paid and 70% upon handover. Can you tell me if it`s possible to cancel it and take the amount back or compensation? As discussed with the developer, they denied compensation and mentioned that we are in a remedy period. What should I do in this case? Thanks

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Is it possible to terminate an employee due to her bad attitude

Q: Good morning, We have given an employee a final warning due to attitude and creating fights with employees. Last time, she did the same thing after that she left the office early without informing the manager (she informed the owner of the company which is not the direct report) after that she was absent for 2 days without informing the same. She sent a message to the owner of the company, but the owner did not reply nor approve her reason for being absent. Is it valid that I serve her termination? Thank you!

What to do when the employer demands working hours above the limit of law

Q: Does a 12 hours work shift in a free zone company violate the labour law?

Non- renewal of the labor contract by the employer

Q: Dear sir, I am working in a company as a mechanical engineer and the limited contract would be expired on Oct 17th, 2019. 4 days before its expiration, on Oct 13th, 2019, I received a notice from the employer that they are not interested to renew my contract, without stating a reason. What should I do?

How to take the rest of the salary which is not mentioned in the contract

Q: Dear Miss Rajasree, My salary is AED 15000 according to the offer letter. The labor contract is made only for AED 5000 as salary as requested by the employer. The rest AED 10000 is paid in cash and through a payslip where I make a signature and return back the payslip. In case of non-payment of cash salary, will I be able to contest in the labor ministry against my employer through a complaint about the nonpayment of cash salaries and succeed? Regards,

The consequences of resignation during probation in limited term contracts

Q: I am working in a clinic in Abu Dhabi only for one month after joining. But I am not happy with that job. Now I am in the probation period on a limited contract. If I resign, what are the complications? Should I pay compensation?