Questions & Answers - Legal Advice Middle East

Execution of a labour case judgement to force payment

Q: Hi Sudhanshu, What are the ways to ensure execution in a labour case from the parent company if the subsidiary company (my ex-employer) is not ready to pay? My case is presently at the court of first instance stage. Regards

Expected action from the bank for defaulting on a loan

Q: Dear Madam, Please advise me, I have a credit card and I used up to AED 50000 for the last three years. I was paying monthly the minimum instalment. But now for the last 5 months, my salary is delayed so I did not pay the instalments. Please advise what action can the bank take and what do I do to solve that action. Thanks

Suing the developer for refusing to hand over the property

Q: Dear, I bought an off-plan property from a developer in 2007 for which I have an Initial Contract of Sale with the Dubai Land Department (Contract no: ------------). As per the Dubai Land Department (in writing) they mentioned that by now, the project is finished and I should have been issued the title deed which is already registered under my name. However, the developer claims (verbally, not in writing) that the project was cancelled. The developer now proposes (verbally, not in writing) to refund my money rather than hand over the apartment. I believe what happened is that after we signed the contract, the developer decided to change their plans and re-sell my apartment to another buyer for a higher price without my approval. I want the developer to honour the contract or compensate me in line with the current value of the apartment I bought. It is being sold currently at a 70% premium compared to when I bought it. The Land Department suggested to take up this issue with the Dubai Courts.

Closure of bank cases for defaulting on loan and credit card

Q: hi Sir, My name is A. P. and I was working in the UAE from 2006 to 2010. During my stay, I had two loans (Personal & Vehicle) with a Dubai bank using two different credit cards with two other banks. Due to huge family and financial issues, I was forced to move back to India. But before my return, I have closed my both loans in Dubai bank (Personal and Vehicle). To be very honest with you, that time I was not in a position to close the credit card debts and later, I was in a position to contact them and pay. I have never tried to come to Dubai in fear of blacklisting through immigration or other litigations. If you can, please do let me know how to close those cases and the possibilities to enter Dubai again. Note: I don`t even remember my card numbers but I can give the bank name. Looking forward to hearing from you soon.

Legal remedy for delayed payments of invoices

Q: What`s the legal solution for delayed payment of invoices?

Renewing the partner visa while there are pending criminal cases

Q: I hold a Dubai partner visa which expired a week ago. Can I renew my visa (legalize my stay) if there are pending criminal cases? Also, note that the company trade license has expired. What are my available options?

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Acting against the employer for non-payment of salaries

Q: Hi Sir, I have not been paid my salary for 2 years, only accommodation and food. My employer said that the company is waiting for a pending amount of the project, then he will give me the amount one time. Now, my is expired a day ago. What should I do?

Execution of a labour judgement to ensure payment of dues

Q: My company is based in Abu Dhabi and some of our employees in Dubai were terminated last year (September, October, November 2018). We employees approached MOHRE and out of 4 times, only 2 times the company PRO attended. And since the company was unwilling to settle the EOSB or even salaries, the matter was transferred to the court. Since May, salaries were not paid to employees. For the first 2-3 persons, the court had released a judgement and no appeal was done by the company. And even after the execution stage, the company is unwilling to pay money to those employees. To certain employees, the company started sending lawyers and delayed hearings and appealed twice thus delaying things. One employee`s health condition was not good and he submitted medically unfit documents to the court but nothing happened till date. The company has a branch in Dubai and these employees are under Dubai. How can the money be collected?

دفع مستحقات الموظف بعد صرفه وقبل إلغاء الإقامة

س: لقد قامت الشركة بفسخ عقد العمل غير المحدد (فصل تعسفي) في شهر يوليو وأعطي لي شهر إنذار ولكن لم آخذ مستحقاتي منذ ذلك الحين لوجود بناتي على مقاعد الدراسة حتى الآن حتى 11/7/2019 والبحث عن وظيفة أخرى في هذة المدة وإقامتي تنتهي في 11/6/2019. قامت الشركه بتعيين موظفين آخرين منذ ذلك الوقت. فوجئت باتصال من الشركة يجبرني على إلغاء الإقامة الآن وإلغاء إقامة الأهل والبنات أولاً وأنهم غير مسؤولين عن تكملة البنات لدراستهم. أرجو الإفادة

Deducting from employee's salary without consent

Q: Hi Hari, Good morning! I have been working for a consultancy firm as a civil engineer/ limited/ 12000 salary. My company is not paying me since December 2018 and deducting 3000 from my salary every month since June 2018. I was on a parenting leave for 10 days in Feb. 2019. After I came back, the company asked for my passport. I refused. They stop my work and payment until the time of this question. Please guide me considering the minimum time required: how will I get my payments and rights? I am waiting for your kind reply, please.

Maintenance bank account fees and charges

Q: Hi Sir, I was terminated from my job last year and I left Dubai without closing my bank account. When I left my account balance was zero. Now the bank is charging me 25 Dirhams minimum on balance and debit interest rate 175 AED. The bank has made a total amount of AED -2500 from the last 15 months. My question is this: if I return on a visit visa to Dubai, will the immigration detain me? Thanks.

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Application of the UAE personal status law on deceased expatriates

Q: Hi, I am Professor for Private International Law in Geneva, Switzerland. I was wondering if, assuming a Swiss dies with the last domicile in the UAE, are the UAE courts having jurisdiction based on Article 9 of the federal law of personal status religious court or state court? Many thanks, Kind regards, GPR

Defaulting in Credit Cards payments due to delay or non payment of salaries

Q: Hi Madam, I have a credit card which I fully used it and due to delayed salaries for 3 to 4 months I couldn`t pay on time. And the bank is threatening me to pay the minimum amount otherwise they will file a legal case against me. I am ready to pay when I get my salaries, and also I have some other financial commitments. Is there any solution to get a reasonable time to settle the payment and to stop charging interest on the amount for this time?

Liability of a special power of attorney holder in the company

Q: Hi, I have been given a special power of attorney by my company owner to represent the company. However, now that the company is not performing well financially and there is some outstanding to be cleared by the company to service providers like Etisalat and a few others as well. In such circumstance when the company is liable to pay the amount and the owner is not coming back from India due to medical reasons, what is my position in all this?

Eligibility of compensation for arbitrary dismissal post renewal

Q: Hi Sir, Good evening. Please, I need your guidance. I have been working in a construction company for 15 years as a civil engineer. My last visa got expired on 25.02.2019 & I had done my medical on 17.02.2019. But meanwhile, I got a termination notice on 20.03.2019 in which I have been given time till 17.04.2019. But meanwhile, my company renewed my visa as well which is valid until 2021. Am I eligible to get a salary until 17.04.2019 only (1 month) or the company has to pay for 3 months as my contract was terminated immediately after renewal? My visa was issued on 17.02.2019 and I got the termination notice on 20.03.2019. Thank you

مطالبة العمال بمستحقات قانونية من صاحب عمل غير مسجل

س: عملت لدى محل لمدة 5 سنوات وهو غير مسجل قانونياً لدى وزارة العمل ولا غرفة الصناعة وغير مغطى بالضمان. تركت العمل والتحقت بعمل آخر مشمول بالضمان، وبعد 3 أشهر تم إنهاء عملي وعدت للعمل السابق. هل يحق لي المطالبة بحقوقي من العمل السايق بنهاية الخدمة وبدل ضمان؟ وشكراً