Questions & Answers - Legal Advice Middle East

الحبس التنفيذي لعدم الالتزام بتنفيذ حكم مشاهدة الصغير

س: هذا سؤال بالنسبة لقانون العفو العام لسنة 2011. صدر حكم بالسجن لمدة ٣٠ يوم على أحد الوالدين (الأم في هذه الحالة وهي الحاضنة) بسبب صدور حكم سابق بالمشاهدة للطفل محل النزاع (الأب يشاهد الطفل بشكل اسبوعي). الوالدة لم تمتثل لحكم المشاهدة لأنها تعيش مع الطفل في بلد آخر خارج الاْردن، ولذلك صدر بحقها حكم السجن لمدة ٣٠ يوم. هل يشمل قانون العفو العام 2011 حكم السجن لمدة ٣٠ يوم؟ شكراً

Employee's failure to report to work and filing a case for entitlements

Q: An employee (driver) in my company failed to report to work on the agreed date after his leave days, then the director had to hire a driver for two days. The employee never reported to work until now but the company had to pay to his account salary for two months. Now, the driver went to a lawyer and they are requesting severance fee, illegal termination fee and salary in lieu of notice. How is all this possible and yet the employee was not fired and he never called back? Kindly help

Liquidation of free zone company and settlement of a debt

Q: My FZ company has lost its major clients and is no longer able to trade. It has one creditor with an outstanding balance of AED 120,000. What are my options to close the company down and what are my liabilities regarding the debt?

Custody of passport after a criminal case judgment until closing appeal

Q: Hi there. I had a criminal case registered against me for flying a drone in Abu Dhabi. I had my license and the registration certificate and was flying the drone within the permitted areas prescribed by the General Civil Aviation Authority. My Drone and passport were confiscated. After 3 months, and two hearings later, I got the judgement in my favour and I was acquitted of all charges. I got the judgment paper. I got a clearance letter, but when I asked for my passport they said I have to get a clearance from the appeal court. What are they talking about? The clearance letter mentions `Expiry of Criminal Case and Cancellation of Travel Ban`

The power of one LLC partner to solely remove employees

Q: I would like to ask a question. If there is a company with limited liability between three partners, can any of the partners remove any employee from the company, such as the director of managers, the implementation manager, the director of the hall, any other manager or any other employee without the consent of the other partners?

The procedures of labour execution and its time frame

Q: Dear Sir, I have a labour case in Dubai Courts and got the final judgment on my favour. Now, I am going to open the execution file. If I withdraw my case, the company is ready to pay 50 per cent of the amount. Will the execution court make any negotiations if the employer ask for deduction? Will it take a long time to make the execution?

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Settlement of old bounced cheques case

Q: Dear Sir / Ma`am, I am looking to hire an advocate for a case in Ajman Court. I have an old cheque case from 2013-14 with a judgment of 1-month jail term. I issued them in favour of someone. Total cheques (5) amount was AED 20,000. I need to settle this case (Civil + Criminal). I want to avail amnesty, so if anyone can help in this matter, I will be very grateful. Can you please reply, if you have any experience in this matter and your service fee, or you can refer someone who can help me in this matter. Thanks lot in advance.

Checking travel ban due to a possible criminal case

Q: I have a husband visa in the UAE. Now, I am in India. I did a big mistake; I stole my friend`s gold earrings 2 months before. Two weeks before, she called and said that she has raised a police complaint in Sharjah. Scared, I confessed to her that I only took it and exchanged it. But she was not ready to forgive. She said the case is still there, and my husband is telling they have banned me from the UAE. Already, some problem between me and my husband. I don`t know whether the ban is true or not. My original passport is in my in-laws` custody, but I have the passport number and Emirates ID. I want to check whether I am banned in the UAE and if they will arrest me.

Passing the medical test in the UAE after failing in Qatar

Q: Hi Sir, Actually, I failed the medical test in Qatar. But I visited Qatar Private Hospital at the same time, and as per them, I have no problem. So, I was sent back to my country. Now, I`m trying to come to UAE. Is it possible to fit the medical test in the UAE?

Closing a free zone company and clearing other issues

Q: Dear Sir/ Madam, I am a 33% shareholder in an Ajman Free Zone company. I would like to cancel the licence and close the company as its contract expires in 1st week of Jan 19. When should I cancel my investor residency visa & close my current a/c, as I only have on my passport stamped visa (and no other partners has the same)? Also, I`m having a POA for opening and closing the bank a/c for the said company. I have a car to sell & also rented an apartment to be submitted by the end of Dec. Can you please explain how should I move ahead (as we all 3 partners are going for cancellation for the said company in 1st week of Dec 2018 )? If u can, give us guidance step by step for the same. Thanks

Employee's obligation to pay employment related costs

Q: My ex-employer asked me to pay back my visa, medical, agency hiring costs, apartment (it was apart of the package) and vehicle cost (also apart of the package). Now, they are pestering me to pay back the apartment costs with PDC’s, but my visa has been cancelled and I`m now in the process of getting a new visa with a new employer. Do I have to pay anything back? (Further information: I was on a limited contract which I worked the 30 days` notice period and terminated my contract early, and the apartment isn’t owned by my ex-employer, so he is sub-letting to me)

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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؟