Questions & Answers

Q: Dear sir/madam, I have been working in a shipping company for 4+ years. I am in sales. My company gave me termination stating poor performance. However, the company did not pay my salary since March. Now, they cannot clear my dues because a customer with whom I made a sales deal didn`t pay the amount to the company. The customer says that it is due to some cargo shortage. The customer should pay 200000 (two hundred thousand). Can the employer hold an employee responsible for receivables and hold the end of service benefits and salary? I am jobless and without money since June. Can the employer hold an employee settlement? I have a Jafza visa.

Termination and holding company assets to get labor dues and visa cancellation

Q: I was MD of a company, however, I was made redundant back in Jan 2019, signed a settlement agreement with my employer. According to the settlement agreement, the employer had to cancel my visa before May 31, remove my name from the trade license and replace me with a new signatory for bank accounts. However, due to some reason, they couldn’t replace me, so they couldn’t cancel my visa at the end of May. After all, now in October, the employer has informed me that they are now ready to take over bank accounts to a new signatory and replace me on the trade license. In the meantime, as a sole signatory of the company, I signed all company documents until Sept. to make sure the company operates smoothly. But since my employer didn’t pay my annual home leave tickets and other benefits, I stopped signing company documents as of September. All in all, I don’t want to hand over bank accounts till they pay my benefits. If I delay the bank account handover process, will it cause any legal issues against me?

Cancellation of the dependant visa in case of cancelling the sponsor visa

Q: If I resign from my work and the visa of my family is under my sponsorship, do I need to cancel them before leaving the UAE?

Can partners jointly sign a security cheque?

Q: Dear Ibrahim, I have an LLC company in Dubai. I have added another person as a partner. It is mentioned In the memorandum of association that we can "jointly and severally" open and close bank accounts in the name of the company and operate such bank accounts and sign cheques. Does that mean we are authorized to sign on cheques jointly and singly? I have signing authority in the bank. Now, he wants to take a business to the company. We both will share the loan. My questions are: A) If I sign the security cheque and it will be bounced in the future, may I be liable for that loan or we both are liable? B) Can he take a loan without my permission? C) Can we both sign a security cheque? Is it possible? I want the liability to be on both of us if we fail to repay the loan. Please advise me!

Enforcement of the judgment after appealing

Q: I got a judgment in my favour in Saudi Arabia. But the employer went to appeal and then instead of judgment again, the date came and they asked for my resignation acceptance copy from them and at the end of that session. One SMS of four digits came to me and to the other party which I gave it to them. They said that it will go to 3 Shaikhs to review and you will have to check after one week. What will happen in this case? Can they go again to appeal if the decision is not in their favour or this will be the final judgment? What happens after this and how long will it take to get my money? Regards,

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Penalty in case of failing to pay after civil case judgement

Q: For a civil case punishment, and after the punishment, do we still need to pay the money or we will be free?

Terminating an employee because his services are no longer needed

Q: Termination of a limited contract on probation period without any reason. The company mentioned that "your services are no longer needed". Is it correct? In this case, what can I get as compensation, visa charges, air ticket, etc?

The eligibility of an employee to get a gratuity

Q: Dear sir/madam, If an employee worked for 8 months, is he entitled to a gratuity?

Status of resignation in case of working for different companies

Q: Hello Raluca, I have recently decided to resign from my position from my company as I have completed 6 months duration and am on an unlimited visa. My query is that the company that I am actually working for which I want to resign is not the same company that has provided me visa and contract. And as per the law, I am required to serve at least 30 days of notice period and I don`t want to be in a situation where I serve my notice period with my existing company but then they file a case against me later on via the other company that actually gave me visa and contract stating that I have not completed my 30 days notice period. Can you please guide me on how to take this situation forward? Regards, A. M.

How to claim compensation for arbitrary dismissal from the employer

Q: Hello Sir, I was employed with DAFZA (Free zone) company for 11 months under an unlimited contract as a business development manager. The company HQ is outside the UAE and I was issued an offer letter to start my employment from 1-Oct-2018, and I started the work on 1st Oct. But my free zone employment (unlimited contract) was only issued on 19-Nov-2018. When does my actual contract start? Am I eligible to claim 1 month + 19 days in my End of Service (EOS) settlement? I was issued verbal termination on 4-9-18 and after my follow-up email, I was issued a written termination on 10-9-18 which I`ve not signed yet stating my performance. So kindly let me know if this termination letter is valid without my acceptance signature? I was given 30 days notice period and did not have to work. Am I eligible to claim arbitrary dismissal compensation of 3 months salary as I am still not employed? Kindly advise if I`m eligible for leave salary and If yes, how many days.

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طرق الاعتراض على الحكم الابتدائي والنهائي في السعودية

س: إذا ادعى عليك أحد الأخوة السعوديين بالباطل بأنك ضمنت أخاك في مبلغ مالي وأحضر شهود بالباطل وحكم الشيخ القاضي عليك وألزمك بتسديد دين لم تتعهد به، فماذا تفعل للاعتراض على حكم الشيخ؟

التنازع في قسمة الموروث بين الورثة والغير

س: السلام عليكم، لدينا بيت متنازع عليه بين الورثة، وقد كان ملكًا للوالد رحمه الله. فقدت ورقة البيت أو تم إخفاءها، والآن ظهر للأرض مالك، برجاء إبداء المشورة في هذا الوضع؟ الرجاء الرد في أسرع وقت.

The legal way of warning an employee for bad conduct

Q: Good morning, I have tried searching online for any warning regarding leaving work during office hours without informing the proper department. Also, not coming to work without informing the manager. The thing is this employee has been doing it several times and even after verbal warnings she doesn`t listen. We`ve already served her a final warning due to her attitude toward workmates and even her working hours are being compromised. Is there a way we can serve her termination legally? Thank you! I hope I explained it clearly.

مستحقات الزوجة عند مطالباتها بالطلاق رغم رفض الزوج

س: السلام عليكم، أنا متزوج منذ 17 سنة ولدي إقامة في أبوظبي وأنا وزوجتي من الجنسية اليمنية وتزوجنا في اليمن وعشنا في أبوظبي لمدة 17 سنة. عند عودتها إلى أهلها طالبت بالطلاق. كيف يكون ذلك وماذا لي وماذا عليّ؟ علمًا بأنها وكَّلت وكيلاً لها وهو خالها الموجود في الإمارات وهو خالي في نفس الوقت.

What are the procedures to be followed before resignation?

Q: Dear sir, Requesting your legal advice. I renewed my limited contract in June 2019. Now, I am starting the 3rd year. I got one month`s leave salary and 30 days` leave home. If I resign now from my contract: 1. What are the procedures I should follow before resigning? 2. What payments am I supposed to make to the company? 3. Am I entitled to any gratuity or benefits if I resigned from a limited contract?

Can you resign in probation period to take a better offer?

Can an employer withhold employee's EOSB due to customer's non-payment?