Questions & Answers - Legal Advice Middle East

Labor ban for resignation from a free zone company

Q: Can an employee resign under probation period from a Freezone Company? If so, is there any ban for moving to a mainland company? Is there any option to avoid labour ban?

Failure to pay instalments of a business loan and house mortgage

Q: I have a house in Dubai worth 6 million (mortgaged 3.8 million). I am an investor and have taken a business loan of 2 million. I want to sell the house but the real estate market is slow. Business is slow. If I am not able to pay the business loan EMI on time, what will happen? Will the bank give me time to sell the house and regularise the EMI payments?

Leave salary calculation according to the law after resignation

Q: I was working in one of the biggest and renowned groups in the UAE for 12 years and I have resigned (due to delays in salaries every month) on 01.06.2017 and served a 1-month notice. After getting no response from the company for 5 months, I finally launched a complaint in TASHEEL. After the court hearing, I got a wrong judgment of settlement of 1 year instead of 12 years and was asked to raise an appeal against the judgment. Again, after 7-8 hearings, I got the judgment which states that the leave salary to be paid for 60 days as per the basic salary. But as per my company`s policy, the leave salary was payable as per the gross salary. My dispute with the company was on the number of days of leave salary, which according to me should be 60 days and the company was paying for 37.5 days only. I have again raised an appeal (Something called ILTIMAS if I am not wrong) attaching a translation of the company`s HR Policy also, which was eventually rejected by the court. I just want to know what is the next step to follow.

The procedures and time frame of appeal in a labour case

Q: Hi there, I have won the labour case against my employer with an amount of AED 75,000, regarding salaries issue. Now, my company has filed an appeal request to appeal the court judgment. My question is, how much time will Dubai appeal court take? What documents do I have to provide? Can I claim more amount due to the waste of time or having no job? Please reply to me. Best regards

تبعات سكوت الشخص عن الإنذار القانوني

س: هل سكوت الشخص عن الإعذار القانوني وعدم رده عليه يعتبر اعتراف منه بما ورد في هذا الإعذار؟

الخطوات والمستندات المطلوبة لرفع قضية عمالية

س: أريد أن أرفع قضية علي صاحب العمل لأنه قام بفصلي من الشركة، وأريد أن أعرف ما هي الأوراق المطلوبة.

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التصرف القانوني في حال الخلاف على دفع المؤخر عند الطلاق

س: أختي تزوجت وكانت تعيش في بيت العائلة مع عائلة زوجها. وبعد أن رزقها الله بطفل حصلت مشاكل بينها وبين حماتها وكان زوجها ضعيف الشخصية، فأهمل جميع حقوق أختي من مصاريف وأختي غضبت عند بيت أبي. وبعد أربعة أشهر من عدم ظهور زوجها اتفقوا على الطلاق. القائمة بها الأثاث وعدد 60 غرام ذهب ومؤخر 5 آلاف جنيه. هم يريدون أن يعطوها 20 ألف جنيه فقط. أنا لا أريد أن أتنازل عن مليم من حق أختي. ما الإجراء السليم في مثل هذا؟ هل أقبل بمبلغ ال 20 ألف؟ أرجو الاهتمام ولكم جزيل الشكر.

Confiscation of the passport by employer

Q: Is it legal for an employer to confiscate an employee`s passport?

المهلة المتوقعة قبل تقديم شيكات مرتجعة إلى الشرطة

س: السلام عليكم، هل يتم تقديم الشيك المرتجع للشرطة فى نفس اليوم، أم أن البنوك تأخد بعض الوقت لرفع دعوى جنائية؟

The legal procedure of ending the services of an employee

Q: What is the correct procedure for an employer to terminate an employee who holds an unlimited contract? How many warning letters? Max and Min time between these letters? The content of the warning/termination letter?

Claiming labour entitlements after termination by new management

Q: I was working with a company since 02 August 2007. In November 2016 onwards, there was a new management who took over the department which I was working. So I was asked to give all the support to the new management. But again, in July 2018, due to some management issue, the old management came into power and they terminated all the staff who have been newly appointed by the new management and asked me also to resign or they will terminate me too. On 26 July 2018, I gave resignation and asked the management to give me a one month time to finish and hand over all my work to a new person. They agreed on 26 July that my final day will be 19 August 2018. On Sunday, 29 July 2018, when I came to office, I found my office closed and my pc removed. I checked with the other legal person at the company and he informed me that as per the chairman, I should leave the company immediately and they will take care of the pending work themselves. Till now, they have not paid my July salary nor cancelled my visa and settled my EOSB.

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Claiming back a security cheque from partner as per agreement

Q: I have issued a cheque as a guarantee to a person who has joined my business as a partner. He did not want to join my license but only a partnership agreement to be signed. The cheque was issued on an agreement that when the partnership agreement is signed on a later date, he will return the cheque. He did not give my cheque back on the day we signed the partnership agreement. The business went into a loss and shut down but he is threatening me with the cheque. Can I approach Sharjah police in advance to get my cheque back and avoid police case against me?

Getting information about a person arrested in Dubai

Q: A relative of mine has been arrested in Dubai. We reside in Pakistan and we don`t know where he is or what crime he has been charged with. How can we find out more details of the case or contact him?

Is it possible for the employee to travel while a labour case is pending?

Q: If there is a pending case filed by the employee against the company, is it possible to travel while the case is ongoing? The passport is with the employee in this case.

Filing civil case to recover security cheque for unjust enrichment

Q: I have signed a contract with a contractor to carry out AC works where the owner of the company has paid me cash with a payment voucher and he asked to provide a security deposit cheque. My scope of work was supposed to be finished in 45 days but delayed due to civil works for more than 4 months, in the interim we have continued to work and finished the works and started the equipment. Our final bill is linked with authority approvals which cannot be accomplished without civil works. I have asked the contractor to pay the VAT and amount for variation which he failed to do so. After 4 months the contractor called to resume the works where I have rejected as he failed to fulfil the contractual obligations. I`ve written a letter to the owner that I will take legal action if he misuses the cheque. The owner deposited my security cheque and filed a case. If I file a civil case against the owner, am I entitled to get losses incurred due to damaging my relation with the bank and other legal expenses?

Labour ban for termination during the probation period

Q: If the employer terminates the unlimited contract under the probation period, do you think there will be an automatic ban or the employer can ban the employee?