Questions & Answers - Legal Advice Middle East

Recovering paid investment from partners for breaching obligations

Q: We invested in a clinic venture (LLC) as a 25% partner with an investment totalling approx. AED 600k. The starting date of the clinic was supposed to be 31 December 2018 as per the sale and purchase agreement. 9 months have passed, and even the basic inspection to activate the license has not been done. I want to file a case against the original investors whose scope of work includes the activation of the clinic license, as they are currently deceiving me and creating excuses not to start the clinic. They haven`t shown till date a breakdown of expenses and where my investment has gone as the condition of the clinic has worsened. Additionally, they are now asking for more money or threatening to close down the clinic as they haven`t paid the rent for 5 months and have informed me only this week. Kindly help me in this case. What can I do?

Avoiding cases by the bank for defaulting on loan payments

Q: Hi, I have 5 cards and 2 cash on card loan, and all total is AED 150,000. My salary is AED 12000 and I can`t pay the minimum amount because of a shortage of funds. Now, I am really stuck in this, all my money is going to this. Can anyone help me with this? How can I come out of this? All the time I am in real stress because of this. Thank you S.

Rights of the employee in case of termination with warning letters

Q: Dear Ms Rajasree, I am working for 6 years and 6 months and recently my new manager has terminated my services by giving me two warning letters within a month, stating that I did not submit invoices in time. It was in direct coordination with dept. heads, and at the third stage was the termination. I have signed and acknowledged all these docs i.e. the warning letters and termination. Kindly advise if as per the UAE Labor Law I am entitled to 3 months notice salaries. Kindly note that my contract is limited. Looking forward to your kind advice. Regards

Filing an inheritance case to split a property

Q: My brother and I bought a property in RAK. My brother died in a car accident 2 years back. I am an Indian citizen and my brother applied for PR in Canada. His younger son is a Canadian citizen and the elder one is Kazakhstani citizen. His wife also holds Canadian PR. He left no will; he has two sons and a wife, and the wife is not on talking terms now. I am confused about what to do to resolve this. I have paid all registration money and now I am stuck. Please advise

Filing a case for higher maintenance and possibility of travel ban

Q: I`m an Australian non-Muslim expat resident for 10 years. My wife is the same, as are our three children, ages 19,16 (girls) and 11 (boy). I have opened a case for divorce in Australia, and the hearing is in November. My wife wants to take me to court in the UAE regarding child maintenance. I currently pay 35% of my monthly salary to my wife for child support. She wants more. I am due to leave the country next July permanently. If she opens a court case, will that stop me from leaving? Has she got a case for more money?

Procedure for liquidating an insurance bank guarantee

Q: Hi, I just want to know the procedure for liquidating the bank guarantee of an insurance broker with the Insurance Authority. The labour court awarded a judgment in favour of a broker`s employees. Now, these employees applied for execution and submitted a copy of the Bank Guarantee amounting to AED 3 Million. They wish to liquidate this bank guarantee based on the amounts awarded in their respective judgments. Do you have any idea about the process? How long this will take?

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الطريقة القانونية لاسترداد الأب منزله من ابنه دون وجود عقد إيجار

س: ما هي الطريقة القانونية لاسترداد الأب منزله من ابنه دون وجود عقد إيجار أو أي عقد آخر بينهم؟

إجراءات طلاق وافدة من إماراتي في حال وجود أطفال

س: أنا وافدة متزوجة من مواطن إماراتي وأريد الطلاق وعندي ولدين وأنا حامل. أريد أن أعرف كل شيء وماذا أستطيع أن أفعل.

Entering into a side agreement with the local Emirati partner

Q: Hello, My name is P. I`m about to open up a company here in the UAE. However, we under the sponsorship of an Emirati. We agreed that he would give the power of attorney under the court to manage everything including bank account, bank cheques. I need advise on how best we can come with an internal agreement.

Computation of arbitrary dismissal upon termination

Q: Good afternoon Hari, I have been given a termination letter by my company and asked to leave without serving the notice period. The company said they will pay me for the 1 month notice period salary and extra 1-month salary. As per the law, I`m supposed to get 1 month notice period salary and another 2 months salary, right? Just to let you know, I am on an unlimited contract. The notice period mentioned in the contract is 1 month.

Suing a person who fled the UAE for Bitcoin theft and electronic crime

Q: Dear fellow colleagues, A client of mine, resident in Dubai, would like to open a criminal case against an expat who is not anymore in Dubai. The "gentleman" stole 8.3 bitcoins (!) promising a huge return in interest (5% per month, still advertised on the internet), then he stole a client`s database with more than 600 passports, phone numbers, signatures... Breach of trust, theft, IT crime, and so on... We are looking for a colleague in the UAE to give a POA and open one or more criminal cases, following the case in the court up to the first instance. The goal is to have a sentence, also knowing that the gentleman is no more in Dubai. Thank you Dr W. F.

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Claiming unpaid salaries after termination

Q: I have an open contract for 2 years, started September 2018. The Bahraini company didn`t pay me the last 4 months salary yet, I just received a termination letter with no real valid reasons, I have no warnings in my file. What claim can I file regarding unpaid salaries and unfair dismissal?

Possibility of avoiding automatic visa cancellation after six months

Q: Dear Sir, My son is studying in India. He has a residence visa of Abu Dhabi. He cannot travel within the 6 months period. How can we avoid cancellation of his residence visa? Will the college letter help? Will Abu Dhabi immigration except it? Thank you for your time.

Legal assistance in drafting a land sale agreement

Q: I`d like to write up a land sale agreement in Bahrain.

How to cancel the visa and get labour dues from the ex-employer

Q: How I can get my cancellation and my dues in my previous company, as I will get a job offer in a company but they need the cancellation paper? I filed a complaint at the Ministry of Labour and my 1st appointment will be tomorrow. I need my cancellation urgently; please advise. My company is asking for my passport before my cancellation and they said they will not return my passport unless I have a new visa from another company (my passport is with me). Also, I need my salary and they said they don`t know when they will release it. Please advise, what is the best thing I can do for this issue? Thank you

Responding to a case filed by the employee for non-payment of dues

Q: One of our employees has made a case against us for the non-payment of the final settlement. While discussing the final settlement before the case filing, the employee had refused to hand over the company laptop and data therein before the payment of notice period salary of 3 months. We have a limited contract with the employee under the Dubai Silicon Oasis Authority. The employee was hired in August 2018 and terminated on June 2019. What protection do we have to claim against the employee for unauthorized taking away of company property? Can the court decide ex parte on this case? Can I file a case against the employee for illegal retention of company property? What is my liability?