Questions & Answers - Legal Advice Middle East

Termination during probation and possibility of a labour ban

Q: I joined a company in Abu Dhabi three months before. Due to some quota issues, they gave me a messenger visa on my passport. Now, they don`t have a project and want me to search for another job or they will cancel my visa. My contract is limited-term and my visa is a messenger. Question is if they cancel my visa, will there be a labour ban?

Forceful eviction of the tenant for failing to pay the rent

Q: Hi Sir, I am staying in a shared apartment for the last six months. No tenancy contract. I couldn`t pay the rent for August and September. I have given a cheque dated 3rd October, but the landlord is behind me every day. Today, he changed the key and locked the room. What should I do? He is not listening to me. He is shouting at me.

Failing to return to office after vacation and its consequences

Q: Hi This is Durga Devi from India. I am working in a concern in Dubai. I came for vacation on May 18, but due to my two-year-old daughter health issue, I was unable to return to office Until Sep. I informed my office and mailed the resignation letter on Sep 5. Now, what is the procedure to cancel my employment visa since I am unable to rejoin?

Possibility of a labour ban in case of resignation during probation

Q: I want to resign from my work and I am still in my probation. My employer has given me an entry ticket expiring on November 2, 2018. I don`t have my working visa stamp and never gone through medical. If I resign, do they have the right to ban me for 6 months or 1 year?

Claiming unpaid salaries from employer without work visa

Q: I overstayed in Dubai just because of my ex-employer negligence, after failing to proceed my visa stamping on my passport. My ex-employer issued only a pink copy visa for me. Although I had informed my ex-employer that time was too short and begged to complete the visa process, but unfortunately, he could not do so. My 10 months` salary is also pending at their side, so I don`t have money to pay off my immigration overstay fine. But in spite of all the hardship, I went to the immigration department at Al Aweer to waive off my fine. I was trying to avail any sort of discount to clear my overstay status, but the immigration department did not listen to my full stance and sent me to the temporary immigration department, and gave me 2 days to arrange AED 20000 as my fine. I said to them I have only AED 10,000 and they refused to take it. Now, my previous company paid the fine. Just let me know if I can come back to Dubai and if there`s any chance to recover my pending salary.

Difference in designation between visa and contract in the UAE

Q: Sir, I`m from India and I got selected for one of the construction companies in the UAE. Actually, I`m a BTech graduate civil engineer. I worked as a civil engineer in India for the past 3.6 years. Now, they gave me an offer letter as a civil foreman, but I`m demanding them to give me the designation of a civil engineer. I`ll accept the visa as a foreman. They are trying to convince me with the foreman only after entering in the UAE. They will give me civil engineer designation only like that agent people are telling. Is there any link between the offer letter and the visa process which I have to sign? Please, help me with this.

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Actions against withdrawing a job offer from the employer

Q: Hi, I am T. H. from Pakistan. I am a software engineer by profession and I want legal advice. When I was in Pakistan, I applied for a job in the UAE online. A private company sent me an offer letter after online test and interview. At that time, they wanted to send me a work visa, but at the same time, I already had a visit visa for the UAE. So I explained to them that I already have a visit visa. They advised me to avail the visit visa and come to the office to sign other documents to get ready to change my visa status to employment. I appeared in the office and then they gave me 1 week to search for accommodation near the office. Within 1 week I contacted back and asked them that I am ready to join now, but now they are not giving me any positive answer. All these conversations are by email. What should I do now? Any advice, please?

Possibility of a labour ban in case of resignation during probation

Q: I am working as a trainee for an LLC company in Dubai since May 13, 2018, but I received my appointment letter as sales coordinator on June 2, 2018. I got my company visa only in Aug 2018. Until August, I was working on my visit visa, since the company asked me to do so. Now, I am under 6 months probation period. My job designation on the visa is Sales Executive even though I was appointed as sales coordinator. I want to quit my job desperately since I am unable to handle the work pressure as I am handling sales coordinator as well as executive job and office jobs at the same time. But I still didn`t finish my probation period. My employment contract is unlimited. So will I get a ban or am I supposed to pay visa expenses to the company if I resign before the completion of my probation period? Will I have to serve notice period if I resign? Also, what will happen if I am terminated?

العقوبة المحددة لجريمة الشيك بدون رصيد

س: هل يتم تقدير مبلغ الغرامة لـِ شيك مرتجع قبل القبض علي المتهم؟

Stopping the payment of a security cheque

Q: Hi. We have issued a security cheque against an order and we have delivered and collected the payment against the order. But now the customer is not ready to give our security cheque without reason. How can we stop the cheque in the bank? Please advise

Is it legal to force unpaid leaves by the employer?

Q: Mr Sharif, Assalam-O-Alaikum, I would like to ask, can the employer ask for/issue a letter to the employee to proceed on long unpaid leaves due to a cost-cut and certain reasons, and ask him/her to join when required? The employer will provide all pending salaries and will provide two-way ticket upon exit and joining. Regards, Riaz

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مستحقات العامل في الفصل التعسفي بحجة الأسباب المالية

س: السلام عليكم ورحمة الله، أعمل في شركة في المنطقة الحرة للمطار - دبي في الإمارات العربية المتحدة، منذ 1 فبراير 2014 بوظيفة مدير إقليمي لمنطقة الوطن العربي. اليوم، خلال زيارة عمل في لبنان، وخلال اجتماعي اليوم 7 نوفمبر ببعض العملاء في لبنان الساعة 12 ظهراً، استلمت ايميل من مديري المباشر المدير العام يخبرني فيه بأن الشركة مضطرة لإنهاء خدماتي. وعليه فإنه ينبغي علي أن أكون في إجازة فوراً حتى استكمال رصيد إجازتي (دون ذكر رصيد أيام الإجازة)، على أن تبدأ معاملات نهاية الخدمة في ديسمبر بعد استكمال الإجازة، مما يعني دمج فترة الإنذار مع الإجازة. وذكر في الإيميل أن هذا القرار هو اقتصادي بحت وليس لأي سبب يتعلق بأدائي شخصياً. اتصلت بالمدير وأكد أن السبب اقتصادي ويتعلق بأداء الشركة ككل، مشيداً بما قدمته وبمهنيتي العالية. أرجو العلم بأنني كنت أبلغت المدير في 1 نوفمبرعن رغبتي في الإجازة السنوية (30 يوم) من تاريخ 1 يناير مع إجازة المدارس لأطفالي. ما هو الموقف القانوني بالنسبة لهذا الاجراء، وهل يدخل ضمن الصرف التعسفي؟ وما هي الأسس التي يترتب عليها احتساب المدفوعات شاملة نهاية الخدمة. وشكراً

Legal authorities of company partners in the absence of one partner

Q: We have a restaurant partnership in Deira, Dubai. My share is 16%, the second partner`s share is 21% and the third partner`s share is 12%. I have not applied for the Emirates ID, I am currently in Pakistan. Can my partners sell or lease that restaurant without my permission? Regards

Travel ban and arrest warrant check after closing a loan

Q: Hello, Can someone tell me what a travel ban is connected to? Is it your passport number? I understand I have an open case in Dubai for a loan (that`s actually paid now) and I`m now outside the UAE, so have no Emirates ID card or number. If I attempted to get back in the country whilst that case is still open, would I be pulled up on my passport number? What if the passport number they have on record is expired and you have a new number, can that case still be connected to you? If I knew it was safe I would be happy to return and go to the police station myself to close it. I have the details from the bank.

قضية نصب واحتيال بشأن شيك بدون رصيد

س: صدر الحكم فى القضية بانقضاء الدعوى بالتسديد فى قضية شيك بدون رصيد قيمتة ٥٠٠,٠٠٠ و لم أجد شيء فى خزانة المحكمة. هل يعني ذلك تواطؤ المحامي مع الجاني وماذا أفعل فى هذة الحالة؟

Civil action for recovery of dues from a company

Q: Hello We have a receivable of AED 38,000.00 from a company in Dubai. The amount is due from July 2017 and all our attempts to collect the money have failed. Is there any chance to proceed legally to collect this amount and also to put a travel ban on the owners of the company? What will be estimated cost for the same?