Questions & Answers - Legal Advice Middle East

Claiming labour entitlements from absconding employer

Q: Dears, I have an ongoing case in the labour court for delayed salary & deduction amounting to AED 195K & expecting judgement from the court of first instance in Nov 2nd week. The issue is that our owner is already absconding & he has liquidated company assets but we still have incoming customer payments till mid of Dec which can cover my claim amount. But the problem is in execution, by the time execution file is opened (30 days appeal +15 days notification), they will take all money & even with a favourable verdict, I wouldn`t be getting anything since they are planning to close the company. Can you please guide what can be done in this situation (any possibility of immediate account freeze before/upon judgement by a request to court...etc)?

Claiming the end of service benefits from the previous employer

Q: I would like to file a complaint against a previous employer who did not pay my end of service gratuity. The employer is based in DMCC, I am planning to get a NOC from DMCC mediation centre and then will file the complaint. Can you please advise on the process to file a complaint and what documents are needed? The case is simple, the employer did not pay the EOS, I simply want to claim it. If the case is simple, do I need a lawyer or can I simply represent myself and have a lawyer prepare the letter to submit the case? Thanks in advance

Re-entering the UAE after leaving without visa cancellation

Q: I left the UAE in 2013. My visa expired in 2014, but I did not cancel it specifically. The visa was issued by the Hamriyah Free Zone, Sharjah. I`ve not been back to the UAE, but I need to go back and I`ve heard there may be complications because I did not cancel my visa properly. To cancel the visa properly (three years late!), is it likely that I will be charged a fine and if so, how much?

Seeking compensation for false allegations and defamation

Q: I am here on a tourist visa. A UAE local who is a sponsor of a company owned by my boss has had a falling out. I am not connected to this business in any way. However, because I am connected with the foreign investor, the local has opened a criminal case against me. The allegations are completely unfounded, however, I am currently awaiting the prosecutor`s verdict. I have a travel ban and my passport is being held by the police. Once found innocent, can I claim defamation of character and claim my losses, holidays missed, lost business in my home country as I have not been able to return and tarnish my reputation?

How to deal with employment scam

Q: Me and my friend are trapped in an employment scam. One Sharjah-based manpower consultancy offered me a fake offer letter and arranged a visit visa and made us come to Sharjah. Totally he collected AED 19200 from us. We are here for more than 50 days. He sends us to some companies which are not relevant to us and claiming he had given the job but we are not accepting. We both lost our money. How can we file a complaint against him?

Repercussions of failing to attend a court hearing for bounced cheque

Q: What happens if you miss a court date for a civil offence of a bounced cheque?

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The grace period for visa cancellation after resigning

Q: Is there a time limit on when a work permit visa has to be cancelled by the employer when an employee resigns if the resigning employee hasn`t started a new job yet?

Legal action against a revoked job offer letter

Q: Hi, I am T. H. from Pakistan. I am a software engineer by profession. 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 have a visit visa for the UAE, so I explained to them that I already have visit visa. They advised me to avail the visit visa and come to the office so to sign other documents to get ready to change my visa status to employment. I appeared in the office and then they gave me some 1 week to get accommodation near the office. Within 1 week I told them that I am ready to join, but now they are not giving me any positive answer. All these conversations are by email. What should I do now? Any advice, please?

Checking status after leaving the UAE without proper company closure

Q: I opened a free zone company in Dubai 11 years ago. There was no trading activity and has been none since. I closed the company remotely as I was unable to travel to Dubai at the time for health reasons and completed forms necessary, had them notarized here in Europe and translated by a registered translator. All documents sent to the agent in Dubai with a POA but I was informed that they were not accepted by Dubai authorities and that I would have to travel there to close. The bank account was also closed at the time remotely. If I travel to Abu Dhabi will I face problems?

Labor complaint for termination without a valid reason

Q: I have a Dubai free zone visa, I got termination from the company without proper reason. The company gave me 30 days` notice period, where do I have to complain? Can they withdraw termination?

الإجراءات والخطوات المتبعة في تنفيذ حكم عمالي

س: كيف يتم منع سفر لمدير شركة وهو مسؤول عن الشركة؟ علماً أن المحكمة العمالية حكمت لى بالتنفيذ.

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The right to get a ticket back home upon resignation

Q: I completed 3 years, so I am eligible to get my ticket to go back to my hometown because I resigned already and the owner of our company said that you used your company ticket 2 months before. So now I`m not eligible to get a ticket. Is that true?

Legal action by the bank for defaulting on loan and credit cards

Q: Hi Sir, I am an Indian national, I had to resign from my job 6 months back and leave the UAE due to health reasons. I am unable to go and work in the UAE. I have a personal loan of 120,000 and credit cards of 97,000 and not paid my personal loan and credit card dues for 2 months. I do not have an intention of returning to Dubai soon. Will the bank deposit the security cheques and take an arrest warrant? Will I be able to request a settlement of as I can pay 50% and close these accounts? Please reply

Withholding labour dues by the employer after resignation

Q: I have resigned from a company with a limited period contract and have been waiting for settlement of dues and cancellation of visa as I have a job offer. The HOD is not completing my internal clearance on account of invoices which have been already submitted and wants a proof that it has been submitted. The client is based in Amsterdam and would take time to reply and I am not sure if they are putting any effort in this direction.

Fraudulent job offers and knowing how to avoid them

Q: I got a job offer from Etihad group of companies, but in Dubai, it does not exist and its contact number is not responding. https://www.etihadgroupofcompanies.com/

Claiming unpaid salaries and entitlements and cancelling visa

Q: Sir, I am working with a construction company in Dubai. I have served my 1.6 years under unlimited contract. I have got a Job Offer from another employer. I also want to leave my current employer as they didn’t pay us more than 04 months salary and didn’t allow me to go on annual leave. I resigned, and after serving of my 30 days’ notice period, the manager is not cancelling my visa. First I belong to a poor family; it will take too much time to get another job whenever they will cancel my visa. Another employer gave me 45 days’ time to join, otherwise, the candidature will be cancelled. Second, my marriage will take place after 5 months and I will be jobless that time, marriage can be cancelled, now my mind has stuck. If I will go through legal, it is not sure that the Ministry will arrange my visa cancellation within 1-2 weeks. It can be 1-2 months via legal as I know our PRO, he uses some strategy and can extend the case up-to 2 months. Now it is the suicide condition for me. Please suggest.