Questions & Answers - Legal Advice Middle East

نزاع بين شركاء مفوضين بالتوقيع على المعاملات البنكية للشركة بشأن شيك وتحويل أموال

س: زوج وزوجة، الزوجة مالكة لشركة بنسبة 50‎%‎ ولديها شريك أجنبي يملك بنسبة 50‎%‎. الشريك مخول بالتوقيع في كافة المعاملات البنكية للشركة والزوجة كذلك لها ذات الصلاحية. بعدها، غاب الشريك الأجنبي عن الشركة وسافر. ومازالت الشركة نشطة والعمال لايستلمون رواتبهم والشريك قام بتحويل جميع أموال الشركة إلى حسابه الخاص دون علم الشريك الآخر. ثم تحصلت الزوجة الشريكة على شيك، فقام الشريك الأجنبي بفتح بلاغ خيانة أمانة واستلم زوجها الشيك. فما هو الحل القانوني من ناحية جزائية وتجارية؟

Resigned in Dubai, but employer refuses. How can I stay and switch visas?

Q: Hello, My company brought me to Dubai on a visit visa, and after two months, they provided me with a work visa. However, they have been holding my passport. I recently submitted my resignation, but they are refusing to accept it. I am hesitant to approach MOHRE since I initially worked for two months on a visit visa. However, the visit visa was arranged and sponsored by the company, including the flight ticket. My contract includes a three-month notice period, but I do not want to return to my home country; I simply want to leave this toxic work environment. What would be the best way to handle this situation? I am currently working in Dubai under my company`s work visa. After my resignation, my visa will be canceled. I want to explore other career opportunities in Dubai. How can I extend my stay beyond 30 days? After 30 days, can I stay on a visit visa? If so, how can I apply for one? Do I need to return to my home country to obtain a visit visa and then re-enter Dubai?

قررت المحكمة ندب خبير وحددت أمانة الخبرة. في حالة تنازل المدعي عن الدعوى، هل يترتب عليه شيء؟

س: قررت المحكمة ندب خبير وحددت أمانة الخبرة وحددت جلسة. في حالة عدم إيداع أمانة الخبرة بتاريخ آخر تم الإعلان الخبرة. السؤال: في حالة تنازل المدعي عن الدعوى، هل يترتب عليه شيء؟

Can I resign while my new visa is being processed before my first contract ends?

Q: Hello, I am currently working with my company and have one month remaining to complete my first contract. However, my new visa is set to be processed in a month. Can I resign during this process? What will happen if I resign at the end of my first contract before receiving the new visa while it is still in process?

كيف يمكنني معرفة إذا كنت على قائمة المطلوبين في دول مجلس التعاون بسبب قضية مالية في الإمارات؟

س: كيف يمكنني معرفة إذا كان تم إدراج اسمي على قائمة المطلوبين في دول مجلس التعاون بسبب وجود قضية مالية في الإمارات وتعاميم وأمر إلقاء قبض وإحضار لأنني بصدد السفر إلى دولة خليجية؟

Paid 10% for a Dubai freehold flat but can't proceed. Can I get a refund without signing the SPA?

Q: Hello, I purchased a freehold flat in Dubai and paid an initial 10% while signing the reservation agreement. However, due to financial issues, I am unable to proceed with the next payments. My question is: Can the developer refund my funds? The 10% payment was made to the developer’s escrow account, but I haven’t signed the SPA yet. I requested a refund from both the developer and the property agent, but they declined, stating that the money could not be refunded. Is there any way to recover my funds?

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I selected an apartment and paid the first cheque but there is no Ejari. How can I get my money back?

Q: I had selected an apartment and paid the first cheque also. After paying, I came to know that Ejari is getting delayed because of a block on the property. How can I get the owner to return my money now?

What is the validity of an approval from Ministry of Education (KHDA) for a teacher?

Q: What is the validity of an approval from the Ministry of Education (KHDA) for a teacher?

Am I obliged to sign the visa cancellation letter before receiving my end-of-service benifits (EOSB)?

Q: I joined the company (Media City free zone) on December 4th, 2023, and resigned on February 15th, 2025. We agreed that my last working day would be April 15, 2025, as my contract specifies a two-month notice period. Yesterday, March 25, 2025, I received an email from the HR department requesting that I sign the visa cancellation letter today or before receiving my end-of-service payment and final salary. I have researched the DMCC and UAE laws and found that I should not sign any visa cancellation letter until I have received my payment. I was provided with a final settlement letter from the company yesterday. The amount mentioned is correct; however, the letter includes clauses related to the payment that I do not agree with. According to my research, and in line with UAE law, there is no legal requirement for employees to sign an internal release or waiver to receive these statutory entitlements.

An order has been passed in a RERA case against me. How can I check if my bank has an order for salary deduction?

Q: I have a RERA case against me, and an order has been passed. I want to know the following: 1: How can I check if my bank has an order for salary deduction? 2: Will any other payments coming into account also be deducted?

How to solve a dispute between and the new landlord and tenant for the actual move-out date?

Q: Hello There was a rental dispute for a house that had an ownership transfer and there was a difference of opinion between the landlord and the tenant on the move-out date. The landlord is suing the tenant for the entire period until case resolution, however, the tenant claims to have evicted and did handover with the previous owner, however, he overstayed by a week as per DEWA. The RERA has now appointed an accounting expert who will check the following details: 1. Verify tenant occupancy or vacating date. 2. Review management records for occupancy details. 3. Check the previous owner`s records on the vacating agreement. 4. The broker who confirmed move-out has PoA. 5. Verify ownership transfer notification to tenant. 6. Check DEWA for service disconnection details. 7. Assess rent due from 09/20/2024 – 10/11/2024 and payment status to new landlord. I would like to know what the CA would do, who does it favor, and what kind of proofs are needed to be provided. What if the CA cannot verify the house vacancy?

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Employer says they can't accept my resignation before the contract ends. What should I do?

Q: Hello, I got a new job offer and sent a formal resignation letter to my company’s official email. They replied that they can`t accept my resignation before the contract ends. What should I do now? My probation period is also over.

Can I resign without notice if my employer hasn’t renewed my insurance?

Q: Hello, My employer has not renewed my insurance since October 2024. Is it possible to resign without serving the notice period? Will I still receive my gratuity? Apparently, their trade license is also expired. We are in a free zone.

Tenant refuses to vacate despite legal notice for renovation. What are my options?

Q: Dear All, I own an apartment, and a year ago, I sent a legal notice for renovation to the tenant. However, the tenant is refusing to leave. I have my drawings, and the company is ready to proceed with the work, but the tenant still refuses to vacate. What should I do? I know I need a technical maintenance report from Dubai Municipality. How can I obtain it, and where? Thank you all!

Changed my mind before signing the lease agreement. Are my post-dated rent checks at risk?

Q: Hello, I recently found an apartment for rent and agreed with the agent to make payments in three installments. I provided the agent with post-dated checks for the second and third payments and planned to transfer the first payment, deposit, and agency fee to the agent’s account once the lease agreement was finalized. However, the lease agreement has not been finalized yet, and I have since found a better place. Since I have not signed any lease agreement, should I be concerned about the landlord cashing the checks for the second and third payments? Is it legal? Additionally, the agent requested an extra 2,000 dirhams beyond the amount he intended to include in the lease agreement.

I purchased a rented apartment in Abu Dhabi. Can I evict the tenant immediately if there is no Tawtheeq contact?

Q: I recently purchased a rented apartment in Abu Dhabi and agreed to honor the existing lease. After the transfer, I discovered that the lease is not a Tawtheeq contract, meaning it is not officially registered. Since I am not receiving rent (as it was a non-refundable arrangement with the seller), I prefer not to issue a new Tawtheeq. I also want to avoid a formal notice to vacate to prevent disputes, as I plan to move in. However, I have already informed the tenant that I will not be renewing the lease. I need legal advice on the implications of proceeding without a Tawtheeq contract. What are my risks, especially if the tenant refuses to move out? What legal actions, if any, can the tenant take in this situation?