Questions & Answers - Legal Advice Middle East

Retrospective change in the HR policy regarding gratuity

Q: Hi, I need advice on an HR related matter: 1. I joined the company on 19th Nov. 2014. That time, the company’s Internal HR manual says the gratuity is applicable to all employees post completion of 1 year of service. 2. In January 2018, the company changed the HR Manual. The point regarding gratuity has been changed from 1-year applicability to 5 years. 3. The issue is that they applied the new HR policy retrospectively and not prospectively. They are applying the new gratuity provisions on all employees even if they joined before the implementation of the new HR Policy. 4. Query: a. Strictly on Legal terms, can any change in HR policy be applied retrospectively? b. Am I right in asking that the benefits to be applied should be based on older HR Policy (which is applicable at the time of my joining i.e., Nov 2014), rather than the New HR Policy which is implemented in Jan 2018? I would also like to have the written/official response from you on this on letterhead. Please advise on charges.

حق الزوجة برفع دعوى طلاق للضرر

س: السلام عليكم، أنا متزوجة من أربع شهور. إلى الآن ولا مرة صارت بيننا علاقة، وهو غير قادر. حاولنا لكن لم تنجح العملية. ذهبت وفضيت غشاء البكارة في العيادة بموافقته وعندي دليل على ذلك، وأنا وافقت لكي أساعده وتنجح العملية. لكن حتى بعدما فتحته لم يحصل شيء وأنا مليت وكرهته الصراحة، هل يجوز أن أطلب الطلاق؟

Labor case for the non-payment of salaries

Q: Dear Sir, I was working as a construction manager in one of the facade companies in Dubai for the last 2 years. This company has salary delays during the beginning of my career and unfortunately, it worsened over the years and currently reached almost 10 months and I have to quit the company now. The issue is that the above facade company took the employment visa for me from another company who was supplying labours (labour supply company) to them since the facade company can`t provide visas. Is there any way to claim my balance salary and end of service benefits from the facade company? I have a copy of the contract between the facade company and my visa provider company (labour supply company) and NOC from this labour supply company. Also, I have proof (emails and others) to prove that I worked in the facade company as their employee. Is there any other way if I approach any law firms such as yours?

The procedure of impleading new parties in civil cases

Q: Hi How do we implead a new party on the defendant side?

Possible scenario in case of defaulting on a business loan

Q: Dear Ma`am, I want to take a loan for business purpose, but if my business is no more working and I am not able to pay the monthly instalments, which type of punishment I have to face or what fines?

HR policies with regards to the end of service gratuity

Q: Hi, I need advice on HR related matter: I joined in Nov 2014. That time the HR manual applicable says that the gratuity is applicable post completion of 1 year of service. Since the same is more beneficial as compared to labour law, the same is applicable. Now, the company changed the HR manual in January 2018, wherein they mentioned that the gratuity is applicable only for employees completing 5 years. The issue is that they applied the new HR policy retrospectively and not prospectively. I need advice on whether the HR Policy can be applied retrospectively or not. Is it legally binding? Can they apply the new policy (with respect to gratuity) on employees who joined when the older HR manual is in force? Should the older gratuity rule be applicable to all the employees who joined before implementing the new HR Manual? If you need any additional info, would be happy to share. I would require written advice from your end. Please advise on the charges accordingly.

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Procedures of the execution of a labour judgment

Q: Hi, I had a labour case in Dubai Courts. I got a judgment to get 15000. After that, the company went for appeal. After 2 hearings, the appeal was rejected and I should get the full money. But the company is not paying me. They have a total of three companies, out of it the one which my visa was issued is closed. But they have an active visa under that company. Their trade license is blocked now by me. So what is next? How can I get the money fast as the owners are available in Dubai? Please help me.

Assistance with drafting a restaurant partnership agreement

Q: I am opening a small restaurant in Abu Dhabi in partnership. Need a lawyer to draft a partnership contract who has done it for a restaurant partnership before.

Failure to settle EOSB after resignation for pending salaries

Q: I resigned from my job at a company in Aug. 2018 and completed my one month notice period, then joined a new company in November 2018. The reason for the resignation was that the company didn`t pay the last 4 months` salaries. The company promised me that time they will pay my settlement and pending salaries later. They gave me only a total settlement paper mentioning my pending salaries and the final end of service settlement. Then I sent the company daily emails to clear my settlement and they only gave me AED 10,000 in January 2019. There`s still a balance of AED 38,697 now. Can I file a complaint in the labour department against my company? Please advise if there`s any other easy solution. Thank you.

Termination of employment by the employer for restructuring

Q: Hello Ma`am, My name is H. S. and I am from India. I work in a hotel in Abu Dhabi and I have been to asked recently to leave the company due to the restructure in manning. They told me that I should find another job within the next 2 months and after that, I have to leave the place and my contract will end. I just want to know what are the benefits I am entitled to get before I leave.

Breach of the patient confidentiality by the hospital

Q: The hospital I visit provided my information to someone calling pretending to be my husband. I don`t have a husband. Now, the hospital says they only provided my appointments, but even then it`s still a violation of my privacy. And they won`t let me listen to the phone record. What can I do?

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Company liability toward another company of the same owner

Q: Hello, I own 2 small companies in the UAE. One of them is having some liquidity issues and we are considering all options like financial restructuring, liquidation or bankruptcy. In the event of the liquidation, if the assets don`t cover all the payables, can they go after my other company`s assets?

Requirements of starting e-commerce business in the UAE

Q: Hello, We are a team of entrepreneurs living outside the UAE right now. We want to register an e-commerce store in the UAE. Our suppliers and buyers are not from the UAE nor we need any physical shop or warehouse. We also want to affiliate our registered business with local banks in Dubai. Can you please advise us about all the legal requirements needed for such a business? Regards, Mazen Shams

The right to travel without the consent of parents

Q: Hi. I’m a British citizen and I’ve been in the UAE for a number of months under the sponsorship of my father. Now I want to leave due to family issues and I’m faced with the problem that my father has confiscated my passport. I’m in the process of replacing it and once I get it I’ll be moving back to the UK, but will I face any problems with the immigration?

The right of a non-muslim wife to seek divorce present

Q: Good afternoon, My brother is getting a divorce in Dubai. Both he and his wife are not Muslim but the divorce is done through Shariah Law. His wife started proceeding in the family section with conciliators but herself never came and finally, the conciliator forwarded the case to the court. In the first instance, it was granted a divorce without compensation (following also meeting with arbitrators) but both appealed the first instance decision. His wife is now asking for Motaa (divorce present) in the appeal. His salary is around AED 65k. Does he have to pay for it? How much approximately could it be?

الاستفسار عن قضية شيكات في بلد آخر

س: مرحبًا، أنا سيدة مقيمة حاليًا بدولة أوروبية وكنت أقيم بالإمارات لمدة طويلة، لكن لظرف الزواج غادرت الإمارات بشكل سريع منذ أكثر من ١٣عام. في الوقت الحالي تبين لي من أحد الأقارب أن عليّ قضية شيكات لا أتذكر تفاصيلها ولا أعلم ما هي. أريد المساعدة في الاستفسار عن هذا الموضوع وإنهاء القضية بأسرع وقت لأنني أفكر خلال السنوات القادمة أن آتي زيارة للإمارات. ولكم جزيل الشكر.