Questions & Answers - Legal Advice Middle East

Procedure to access the bank accounts of the deceased

Q: Dear Madam, I’m working for a company in Abu Dhabi. My friend/colleague (Non-Muslim) expired in December 2018 (without a will). He lived in Abu Dhabi for more than 20 years and had an account with money and National Bonds. What is the procedure to withdraw the money & National Bonds of the deceased from the account? His wife is in India and not able to visit the UAE. Kindly help me to know the procedures.

The procedures of validating a waiver of bounced cheque case

Q: My father had a case of a bounced cheque of AED 450k against him filed by a supplier. He was detained at Al Riffa Police Station and proceeded for Public Prosecution in Barsha where he was sentenced to 3 months in an outer jail. We did not want to prolong this so we made a settlement with the supplier who filed the case to provide us with Tanazul (Clearance/ NOC), stating that they wish to withdraw the case and settlement has been made. Is this sufficient to have my father released from jail? What other procedures are involved?

Seeking visa cancellation and final settlement upon termination

Q: After redundancy of my position in Feb 2018, the employer filed a false absconding case which I got removed in July 2018 in their presence and the Ministry cancelled my labour card. The employer delayed visa cancellation. Due to my liability with the bank, the final settlement had to be transferred which they did not do as previously agreed with the bank. Until date (Feb 25, 2019), they have not paid it to me in spite of the Ministry of Labour tribunal and Tawafuq center asking them to pay it. They have not cancelled my visa and they tell me it can not be done. How do I solve this problem given that the sponsor has to cancel my visa? The Ministry of Labour has routed compensation request to the court via Al Adheed.

Withholding of final settlement without due cause after resignation

Q: Dear Sir, I have resigned from my company on Sep. 18 and agreed to serve a notice period of 1 month. I joined them on Aug. 17 and served around 1 year and 2 months. My releasing month was Oct,18. However, they have not released my final settlement until now. Moreover, they`re creating a dispute now, over F&F on gratuity. They`re trying to threaten me with Article 116 clause of forfeiting 45 days salary instead. I am still on their visa (limited visa of a free zone) and running the last 4 months without salary in the UAE. This thing has really exploited me. I am getting sick of it now and want to take it to the next level. I want legal assistance. I want to sue them if it allows me to do so. Regards

How to access the UAE bank account of the deceased?

Q: Hi I need to access my husband`s bank account in the UAE. He died and I have legal heirship and death certificate both attested by the UAE embassy in India, where he died. What is the next step? Do let me know. Thanks

Shortfall of salary and non-payment of settlement upon resignation

Q: Hi I was working with a company for last 3.10 years. In 2018 and because of the financial problems, the company was struggling to pay salaries to the employees and most of the employees got terminated or resigned. I also started searching for a new job as I was getting half of my salary for 6 months. Fortunately, I got a new job and the company asked me to join immediately. I requested my current company to cancel my visa as soon as possible and they agreed. I cancelled my family visa and they ask me to sign the cancellation paper and the settlement will be processed within 2 weeks. Because of the urgency, I signed the paper by believing the company. But now they are not paying the amount and simply avoiding me with some excuses. I was struggling with my family for 6 months with half a salary and now they cheated me also. Please advise me, what do I need to do with this?

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Procedures and duration of a labour case

Q: Good day everyone! Can anyone help me to find out some question of mine? Thanks in advance. Since I am new in Dubai Courts, I had a couple of questions. I filed a labour case in MOHRE regarding non paying my salary for 3 months. MOHRE accepted my complaint and they refer me to the court. I filed a case in the court which is my first hearing is tomorrow. Now, my questions are: 1. What would happen on the first hearing? 2. Is there`s a 2nd hearing? 3. How long does a labour case take in the court? 4. Can I claim my compensation if my employer appeals in court? Thanks to who will help me.

Review of a Non-Disclosure Agreement by a legal professional

Q: Need a lawyer to review a standard NDA and tell me what the charges will be. It is a 7 pages document.

Settlement of credit card debts after a police case

Q: Ma’am My name is Mohammed A. Q. For the non-payment of a credit card, the bank called me and said they have a case against me and told me that they put on me a travel ban also. My police case is pending in Jabal Ali and my visa renewal is due in next month. Will it affect my visa renewal?

Claiming the amount of unpaid invoices through a civil case

Q: Hi, I supply products to Hallmark (Gulf Greetings) in the UAE. My invoices haven`t been paid since November and the company has refused to take my phone calls or respond to many emails. Payment terms are 30 days from the invoice, so it`s extremely late. Isn`t it a crime for a company in the UAE to do this? Thanks

Gratuity payment in case of termination before one year of service

Q: I was terminated with 7 days left to complete one year on the job, unlimited contract. What would the process be for gratuity pay, if eligible? Will a flight allowance also be reimbursed?

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Rights of the employee in verbal termination of employment contract

Q: What are the benefits or compensation for an employee in case of a verbal termination by the employer?

Loan repayment to avoid legal action in home country

Q: My friend left the UAE for family emergency reasons and had a loan debt remaining to the bank. He continued to pay the instalments for the next 3-4 months but could no longer because he did not have full-time employment. He kept in contact with the bank and let them know his situation. He only has part-time work while looking for full time and offered to make small payments to show good faith until he is able to secure full-time work. Now the loan is with a collection agency which is requesting a large sum or they will pursue legal action in the US against him. He wants to pay but due to his situation, he is unable to at this moment. They refused his smaller amount of payment offer. He does not plan on travelling back to Abu Dhabi. The question is, he is trying to pay but they will not accept that amount. Why will they not take the amount offered since he is communicating and wants to pay? What can they do to him in the US? How will that help them get their money back?

Withholding security deposit cheque after vacating the premises

Q: My landlord has been assuring of returning the deposit for almost a year. Every time I call him, he assures he would call soon regarding this, but never called back. I vacated the flat in March 2018 after paying all the due. I stayed in the same flat for about 6-7 years, and in the middle building, the ownership got changed too. Is there any way I can get my money back without indulging my self into a court case?

إساءة الإئتمان على عامل كتم استلام مبالغ مالية

س: تحياتي استفسار بخصوص قضية عمالية أنا استلمت شيك من زبون ووضعته بحسابي الشخصي وارتجع الشيك بسبب عدم وجود رصيد. أتى الزبون إلى البيت وأعطاني قيمة الشيك نقداً وأخذ الشيك المرتجع. وبعدها بيوم سلمتهم لصاحب الشركة وهو كان طردني بخصوص عمل إضراب ايّام حكومة الملقي. هل يمكن اتهامي بسوء ائتمان بخصوص الشيك ولم يكن يعلم بخصوص الشيك إلا عندما أخبرته؟ هل أستطيع رفع قضية على الشركة من خلالك وكم كلفة رفع القضية وما هي نسبتك؟ وهل يجوز تسليمك المبلغ عند الاستحقاق؟

Performance of contractual obligation and delay in the process

Q: A Sub-Contractor (SC) holds/stops the work highlighting Article 246 & 247 [UAE Civil Code] due to payment delayed (Advance & Interim Payments) by the Main Contractor (MC). But the Main Contractor`s concern is the document required to process Advance Payment [i.e. Advance Bank Guarantee - ABG] was not submitted on time & LC draft issued to SC was not agreed on time due to several arguments on some of its content. The MC paid the SC Advance Payment in 90 days from receipt of ABG highlighting the delay in reallocating the fund due to delay in ABG submission & LC draft agreement. Whose argument will withstand moving forward if MC intends to impose delay penalty on SC? Please advise. Thank you