Questions & Answers - Legal Advice Middle East

Requirements for starting a new eCommerce business in the UAE

Q: Dear, I am an Expat (Indian) currently working in private concern as a Project Engineer. I wish to open eCommerce website with lucky draw option (If customer purchases products - T-shirts, dairy, cap...etc.) providing a ticket, and once the product is sold out, we will conduct a draw online and provide gifts. So let me know my requirements for obtaining a trade licence for eCommerce (Lowest fee in any emirate) without NOC, Terms & Condition, Privacy Policy for Website, No visa required, No Office Space required. Let me know your detailed proposal regarding this query.

Claiming labour dues from a bankrupt company

Q: We would like to ask about the procedure in case the company we were working with declared bankruptcy. It is an international company with headquarters in Bombay and Dubai.` Our contract is with Dubai, and all payments were made through the Dubai office. What are our rights since they owe us a large amount of money? And is there any chance to recover that money?

Employee's right to resign without notice for salary non-payment

Q: Dear Madam, I am working in Dubai. My company is not paying salaries (Almost 5 salaries). In this case, can I resign from the company without notice? Also, I have another offer from one company and they are asking to cancel my visa from the current company as soon as possible. How can I deal with the situation without losing the pending salaries & EOSB? If I resigned without notice, does it affect my joining in the other company? If I am going through labour court, how long it will take to finish the process for the visa cancellation & other formalities?

Marketing of foreign company services in the UAE

Q: Am I allowed to market my company`s services here in the UAE even my company is registered in Delaware, USA?

Travelling outside the UAE after paying the bank loan fine

Q: Hi Madam, I was in jail in Abu Dhabi against a bounced cheque crime from 28 November to 30 November. The judge gave me a fine against the bank cheque and released me. They also gave me a paper that mentioned I paid the fine. My credit limit was AED 30,000 and cheque amount was AED 100,000. Now I want to travel to my home country. Is it possible to travel? Best regards

Filing a case and appointing expert in a bank loan dispute

Q: Dear Mr Ibrahim, I have a dispute with my mortgage bank. They have been overcharging me, I am sure of it. It is Islamic finance and after 11 years of paying a total of AED 1.2M, my principal has only reduced by 100,000 dirhams. I have asked them for all my statements and calculations but they do not respond. I am applying for Canadian PR. I am concerned they will bounce my security cheque to put pressure on me and then I will not get PCC. Can we approach the court to let them know this is a dispute and remove the bounced cheque from records as I wish to settle with the bank but they do not respond? Thanks

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Failing to serve a notice before the expiry of tenancy contract

Q: Hi, My flat contract will end on Jan.14.2020. I went to the office of real estate last December 3 and I was told I will pay for 3 months as a penalty since I have not complied with the 60 days` notice period. I have been living in this flat for 3 years and they are not giving a discount and all other residential flats here in Al Barsha are going down except for my current building. The difference is really big if we are talking about a 2 bedroom flat. I was advised to renew and extend for 3 months. But I really want to move out. Please advise me.

Holding the EOSB by the bank after changing jobs

Q: Hello, I have a loan with a local bank and I just changed the job with a better package. But unfortunately, the new company is not listed with the bank and my EOSB is on hold. In that context 1) My new company is listed in an international bank. Can I arrange a direct debit option? 2) Can my existing bank deduct the upcoming EMI from EOSB`s? 3) Will there be a travel ban if my payments are regular to the bank? I have a loan but not transferring my salaries.

The right to seek EoSB for termination in case of changing branches

Q: Background: I was employed by XXXXXXXXX (a company in Dubai Internet City Free Zone) from 09-Feb-2014 to 31-July-2019. However, in July 2019, I was informed that XXXXXXX is moving to a new Free Zone (DMCC). Considering that my employment would continue in XXXXXXX DMCC, I accepted the above and changed my visa to XXXXXXX DMCC and started working there from 01-Aug-2019 until I was terminated on 05th September 2019. I was informed that I was being terminated with immediate effect due to “Unsuccessful probation”. I would like to know if I am eligible for the following claims: 1. Notice Period Salary: After working for the same employer for more than 5.5 years, I was terminated with immediate effect. I was not given any notice period or any compensation for it thereof citing the reason I am on probation. 2. Arbitrary Dismissal: I was terminated due to the reason of “Unsuccessful Probation” whereas I have worked with the same employer for more than 5.5 years.

Request to clear overstay fines due to criminal proceedings

Q: I was unable to renew my visa due to criminal proceedings, I won the case, but I need to know. 1. Will I get relief on the overstay fine? 2. I want to leave the country, what should I do?

الوقت المناسب للإعلان بالحكم الصادر بمثابة الحضوري

س: السلام عليكم، إذا سمحت لدي سؤالين. لدي قضية عمالية وسيتم الحكم في الجلسة القادمة بمثابة الحضوري لعدم حضور المدعي عليه أي جلسة وتم إعلانه باللصق. السؤال: 1- هل أقوم بإعلانه بالنشر فور صدور الحكم أم يجب أن أنتظر 30 يومًا ثم أقوم بإعلانه؟ 2- هل يحق للمُدَّعَى عليه استئناف الحكم في أي وقت لصدور الحكم بمثابة الحضوري؟

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Closing a labor case for visa cancelation and reopening it

Q: I want to cancel my visa as my new employer has a policy to accept only the people having cancellation papers and they are not accepting NOC for the temporary work permit. I have a pending labor case against my current employer as they are not paying my final settlement. In case I will drop my case for visa cancellation, can I reopen it later on?

الطرق القانونية للمحافظة على الأعمال الفنية من السرقة

س: أعمل كمصممة مسلسلات وأفلام رسوم متحركة وتواصل معي أحد الأشخاص من خارج البحرين وأخبرني أنه يحتاجني في الفريق في مشروع رسوم متحركة. أجبته بأنني مستعدة للعمل معه، وطلب عنوان البريد الالكتروني للتواصل. يستغرق إنشاء الحلقة الواحدة أسابيع وفي بعض الحالات شهور، كيف أحافظ على أعمالي التي سأقدمها له من السرقة؟ وكيف أجبره على إدراج اسمي في شاشة المصممين؟

The procedures of appealing case judgements

Q: I have 4 cases, 3 judgements were made and one ongoing. How do I make an appeal for these? With the one with judgement copy, is it possible to make an appeal?

حقوق المطلقة في حالة عدم وجود أطفال

س: ما الواجب القانوني والمادي في حالة الطلاق علمًا بأن راتبي 2000 درهم ولا يوجد لدي أبناء؟

Delaying the settlement while the unlimited contract is already terminated

Q: I have been working for a company for 9 years and 6 months, but I was terminated last September 19, 2019. I served a 1-month notice. My contract is an unlimited contract. I informed our HR that I`m going home for good and not looking for any job. But until now I didn`t receive my settlement (Dh109k as per the account). They keep me waiting here, and I don`t have money left to use and pay my rent. My visa expires in March. Is this legal? What action do I need to do? I want to go out to the UAE to start a small business in my country. Please advise me on what to do. I am now more than 3 months without work here in the UAE. Thank you for any advice!