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Questions & Answers
UAE
The claimed amount required to file a case at the cassation court
Q: I have filed a case for the non-payment of the salary of AED 100000 in labour court for which the judgement was in my favour, however, my employer further escalated the case to the appeal court. My questions are if the judgement turns In my favour, how long will it take for the case to be executed and for me to receive the amount? Can this case be further escalated to the court of cassation by my employer for that particular sum of money? Questions & Answers
UAE
Responsibility of business partners for a cheque bounce
Q: My business partner and I entered into newly started technical services LLC. Now it`s 3 months old. We got trade license, office, sponsorship, labour and immigration card...etc. The solution needed: my business partner already issued his friend a cheque of AED 8288 which was due on 16-8-2019 and it got bounced. I paid my share amount of AED 4144 to my business since he used his friend cheque. I got a receipt from my business partner. The question is, how can I get back my share amount from my business partner since the cheque bounced, I feel my business partner is trying fraudulence. Please advise Questions & Answers
UAE
Forcing the developer to issue the contracts of a purchased property
Q: Hello, I have purchased a property in Dubai in May 2019 by putting a 25% deposit of the purchase price to the developer`s escrow account and received the reservation form and payment receipts only. However, I still do not have the SPA or OQOOD till now. The developer has been saying the SPA templates have been getting delayed. As per the reservation form, I have an upcoming payment in Nov 2019. How I can validate that I have a legal reservation for the apartment and there is nothing to worry about? What is my legal position here as I don`t have any legal papers except the reservation contract which is only stamped from the developer but no OQOOD reference code/id/number or stamp on it? Thank you Questions & Answers
UAE
The right action for delay in a purchased property handover
Q: I purchased property in Dubai and still, they haven’t delivered and keep saying it’s not complete yet I see advertisements for same property saying ready for handover. What shall I do? Questions & Answers
UAE
Compensation for terminating a limited contract by the employee
Q: Sir/Madam, I have worked for more than 6 years in JAFZA and now I want to resign from this company. As per JAFZA, when we resign from the company the employee would have to pay 45 days salary to the employer. I have a 30 days notice period with my employer. Thank you and looking forward to your valuable advice in this regard. Questions & Answers
UAE
Formalities for closing a company and cancellation of license
Q: We formed a company in Umm Al Quwain Free Zone in 2018 and the license expired in August. One of the investors in on the company visa (his visa is valid). We want advice on the following: 1. We want to close the current company. 2. Are all the partners/shareholders required to personally visit to complete the closure formalities? 3. Since its formation, the company has not conducted any activities. What will be its liabilities? 4. What`s the process for cancellation? Questions & Answers
UAE
Refusing to make a settlement for credit card due to outstanding loan
Q: Hello. I have a credit card in a bank, at first they are asking me to show proof on why I wasn`t able to pay my dues, so from my end, I submitted all papers. Now, they asked me to pay the minimum, and when I asked when they will send me a settlement offer, they are telling me they cannot provide because I have a personal loan. For this personal loan, they filed a case against me 5 months ago and I went to prosecution and paid the fees. So, the settlement offer for my credit card is not possible because of my loan also. But before, they have asked me for proof to show and now they are refusing me. Is this correct or it depends on the bank`s discretion? Questions & Answers
UAE
Getting clearance from the bank after settling a credit card
Q: Dear Madam, Good Afternoon, I have a bounced cheque police case registered in Khalifa police station, Abu Dhabi. This month, 1st week, I settled the matter with the bank & they agreed to release my case for my new visa process. This was a credit card case & bounced cheque with an amount of AED 16000. The bank lawyer submitted an online application for the case release almost 10 days ago, but it`s still not approved. For me, the issue is that my new company HR holds my visa submitting & if this is delayed more, my hiring will be cancelled & it will be a big loss for me because I was jobless since the last 2 years. I can`t do anything because I`m currently in my home country Pakistan. Please help me to find a way to solve this issue. Looking forward to your kind feedback. My Best Regards, N. A. Questions & Answers
UAE
Cancellation of a villa sale contract for delay in handover
Q: I purchased a villa in 2014 based on 35% during delivery and 65% after handover. I paid all the 35% on time. The anticipated completion date was 31 Jan 2017, until now the project is not completed. As per the SPA, “if the Purchaser has fulfilled all its obligations in terms of this agreement including, but not limited to, payment of the Purchase Price in full to the Seller, and the Seller is unable to give possession of the property with 12 months of the Anticipated Completion Date, as it may be extended pursuant to the provisions of this agreement, the Purchaser may on the giving of 30 days’ prior written notice to the Seller, terminate this Agreement. Upon termination, the Seller shall refund all amounts paid by the Purchaser to the Seller on account of the Purchase Price. Upon termination of this Agreement, it shall become null and void and the Purchaser shall have no further claim against the Seller for any damages, compensation, cost of interest." Questions & Answers
UAE
Repercussions of resignation after completion of one year of service
Q: Hi I`m S. May I ask a question. What if I resign to my company after 1 year? Should I pay? My visa is DIFC free zone. Questions & Answers
UAE
منع السفر في شكوى الشيك
س: السلام عليكم، إذا تكرمت، لقد فتحت قضية شيك، فهل يستطيع المشكو في حقه أن يسافر أم يجب أن أفرض منع من السفر؟ Questions & Answers
UAE
Termination of an employee while on annual leave
Q: Hello, Can I terminate an employee while he`s on leave so that his notice period begins already? Thank you! Best regards E. Questions & Answers
UAE
Procedures to exit partnership in Dubai companies and get your share
Q: I wish to part ways with my business partner in a free company in Dubai. The business is profitable. There is no breach of law. We just do work together and I want to offer my partner an exit from the LLC. I am the appointed business director. I manage the business personally. On grounds of incompetence and personal differences, I wish to offer her a sum and get the partnership solved. What are my options and how does one evaluate the share to be dissolved fairly. Like is there a formula such as a multiple of net profits to be offered? Thank you! Questions & Answers
UAE
Filing a case against the employer for holding the passport after cancellation
Q: My employer is refusing to give me passport back after visa cancellation. Which is the best to get it back, should I file a complaint in MOHRE or should I get it through court order? Which is the quickest and most effective option? Thanks Questions & Answers
Jordan
قرار منع السفر لا يرفع عن المدين إلا بالوفاء بالدين أو الكفالة
س: اليوم سلمت قرار قطعي في قضية معينة من أجل رفع منع السفر. سؤالي هو: بعد كم يوم سيرفع المنع عني فعليًا؟ وبعد كم يوم أستطيع أن أحصل على تأشيرة لكي أسافر؟ Questions & Answers
UAE