Questions & Answers - Legal Advice Middle East

المدة القانونية لتحريك شكوى المصادقة الكاذبة

س: السلام عليكم حصلت لي عملية احتيال في الأردن. قام شخص بتقديم نفسه لي على أنه طبيب وهو ليس طبيب وقدم لي سيرته الذاتية بخط يده في عام 2017 واكتشفت أنه محتال في شهر 6-2018. هل أستطيع تقديم شكوى الآن أم أنه حسب القانون الجديد والتعديل الجديد لا يجوز؟

العفو العام في دعوى جزائية بخصوص إساءة أمانة

س: هل يشمل العفو العام الذي صدر بتاريخ 13/12/2018 في الأردن دعوى في محكمة صلح جزاء بإساءة الأمانة المشددة والتي فصلت من المدعي العام ومنظورة في القضاء بتاريخ 1/12/2018؟ علماً أنه لم تحصل أي جلسة لدى القضاء بعد، هل في حال ثبوتها سيتم سجن المدعي عليه أم ستعامل معاملة المطالبة المالية في إجراءاتها؟

تسوية ودية مع البنك للتخلف عن سداد قرض

س: السلام عليكم،، أخذت زوجتي قرض من بنك في الأردن وتخلفت عن السداد بالأشهر الأربع الأخيرة نتيجة ولادتها، وحيث أنها كانت تعمل مع إحدى المؤسسات بالنظام الإضافي وأنه في حال ولادتها لن تستطيع الاستمرار بالعمل. أنا لدي التزامات لا تمكنني من متابعة هذا السداد، وقام البنك برفع مطالبة مالية بكامل قيمة القرض + الفوائد المترتبة وأتعاب المحاماة. ما الحل الأنسب لهذه القضية؟؟

Liability of an employee for company loans after leaving

Q: I have signed a security cheque for a car loan on behalf of POA General of a company. Now, I have left the company one year ago and the POA is not valid. But recently, the security cheque has bounced and I got a warrant from the court. I am not the partner and I don`t have any relation with the company. Please advise.

Personal liability for the debts of the father

Q: Am I liable for my father’s company debts? My name was not included on the list of shareholders. I held no shares. I am not the manager on the license. I have never signed any cheque or issued any payment on behalf of the company. I have worked in the company for the past 3 months, and have signed internal company documents.

Termination of a limited term contract without notice

Q: I am working at a clinic since March 2018 and got a limited-period contract 3 Jul 2018 to 2 Jul 2020, and a probation period of 6 months until 2nd Jan 2019. Because of the employer torture, I want to leave the job without intimating. They were asking me to pay the visa charges also. What will be the effect on me and do I have to pay the visa charges or not?

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Adultery or affair is a ground for divorce not compensation

Q: My husband email was open on my computer and I found out he is having a relationship with someone else and I even have her whole contact and name information. Can I claim in court against her for ruining my marriage relationship? All the time my husband lies that he works in Abu Dhabi and leaves us alone to spend time with her.

Labour ban and payment of visa costs upon resignation

Q: I am a nurse. My joining date is June 20, 2018, and I will be resigning on Dec 24, 2018 (I gave my 1-month notice last month). My contract is unlimited. The company is asking me to compensate them for the cost of my visa...etc. Is it legal? And is their an automatic ban? Thanks

Checking a travel ban for leaving job without resignation

Q: Hi I have received a visit visa though I had left Dubai without informing my employer years ago. Will there be a problem when entering?

Labour law claims are time barred after one year

Q: I have worked for a company in a senior management role for two years and resigned due to my personal reasons. My resignation was accepted and I was asked to hand over the charge to new management since more than one year ago now. My visa was also cancelled after a few months of my resignation. The new management took the charge and could not manage the business efficiently after my exit, and the business which resulted in the termination of the new management. The company is now blaming me that during my tenure with the company earlier, there was some wrong decision taken which has caused losses to the company. The company now wants to file a legal case against me. I am getting several threatening messages and calls to come back and resolve the old issues, which is causing me mental torture and disturbance in my family. I am not in a position to help the company to recover their irreparable damages now. Please advise what is the UAE labour law for such a situation.

Procedure and cost of appealing a labour court judgement

Q: What is the process to appeal a decision made in the labour court? And what is the cost included for the lawyer fee? I need to know the court costs. I am the employer. Judgement was made in my absence and I have a proof these employees were paid.

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Criminal case on a bounced cheque for pending loan

Q: Over AED 200k or under AED 200k? I am confused as to how my police case will be treated by the police/justice system based on the 200k rule. The bounced cheque was for AED 235,000. However, my outstanding balance with the bank is around AED150,000. The cheque is slightly above 200k yet the outstanding balance is below 200k. Is it safe to assume I`m being treated as though the cheque was under 200k? How do I find out sure? I only received a paper with my photo on it which the policeman asked me to sign. I have no idea what I signed as it is all in Arabic. Secondly, why did the airport police take my passport? I thought the police no longer confiscate passports for loan cases due to the new `smart bail `system. My visa is up for renewal in 1 month. Can I get my passport back from the police (even just temporarily) to renew my visa? If I can`t renew my visa, I can`t work and won`t be able to pay anything. As long as I renew visa and keep my job, I can settle the loan in around 6 months. Thanks

The legal way of changing the local partner in an LLC

Q: I have signed 5 years ago a side agreement when forming a Dubai onshore LLC trading company, and I now realize that there is no termination clause. One clause says that the contract is signed for 10 years and that it will be renewed after 10 years. As a result, the company who provided me with the local sponsor wants to charge me a hefty "penalty" for agreeing to change the sponsor. Besides, they are holding all details (online access codes and password) to deal with the Ministry of Labor. So I have no liberty to change the sponsor unless I pay them a lot of money. I am bound with them because only they can properly cancel my employees` visas if I wanted to recreate a new company. Are such indefinite and abusive side agreements legal? Do I have any recourse to enforce a change of sponsor without paying the "penalty" they are requesting? Thanks

Complaint regarding management of company post termination

Q: I have worked for a company in a senior management role for two years and resigned due to my reasons. My resignation was accepted on 15th November 2017 and I was asked to hand over the charge to new management since more than one year ago now. My visa was also cancelled in August 2018 after a few months of my resignation. The new management took the charge and could not manage the business efficiently after my exit, and the business which resulted in the termination of the new management. The company is now blaming me that during my tenure with the company earlier, there was some wrong decision taken which has caused losses to the company. The company now wants to file a legal case against me. I am getting several threatening messages and calls to come back and resolve the old issues, which is causing me mental torture. I am not in a position to help the company to recover their irreparable damages now. Please advise what is the UAE labour law for such a situation.

The right of claiming child custody by the father

Q: Child custody question. Divorce in Dubai. Minor son is 4 years old. If the father is Muslim and mother is non-Muslim, what are the requirements of the father to get custody of the child? Is the relative who has to stay with father required to be a Muslim? Will a 1-bedroom apartment be sufficient?

Paying fine does not cancel the financial liability of a debt

Q: Hello I am writing to ask about a civil case, I recently went on maternity leave and my company does not pay a salary in this period. The bank filed a criminal case so I was stopped at the airport on arrival and processed at the police station. The next day I went in front of a judge who asked if I had the money to pay at that time or pay a fine, so I paid the AED 10000 fine. It`s been almost 3 months and the bank keeps increasing my debt (my account is on minus). Question is, should I go to court again to ask them to get the bank to issue a clearance certificate or what should I do?