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Questions & Answers
UAE
Calculation of the EOSB upon termination of employment contract
Q: Hi Rajasree I have worked for a company for 2 years. We have two companies with different names one in Dubai & the other one is in Sharjah. My first visa was in Dubai; after that, there was some financial problem in the Dubai company so they changed my second visa to the Sharjah company. They have given me a gratuity of 21 days of the month, but now they are telling me it is a wrong calculation (1/3 of 21 days). But this case is applicable only if I resigned from the job. I am not resigning, which means the company terminated me and changed to the Sharjah company. Kindly provide some suggestion.
Nov 4, 2018
3219
Questions & Answers
UAE
Acquisition of a company with an existing bank loan
Q: Hi! I`m planning to acquire a running business but the existing owner has some bank loan on the company name (which he says he will clear over the period of time). What should I do in the above situation? Please advise.
Nov 3, 2018
1571
Questions & Answers
UAE
Acting against an illegal deduction of salary by the employer
Q: An employer portrays the employee to be at fault for a financial loss, stating it is his liability and responsibility, when neither in the contract nor in any written communication this is stated, and when the fault has been with a different department and with the management. Can the employee respond and defend their remuneration from being deducted? Is this considered as grounds for the employee to file a case on the employer misconduct? What might be the approximate timeline for such a case to be resolved? (The employee has written documents that help make their case)Nov 3, 2018
1943
Questions & Answers
UAE
Claiming temporary maintenance and execution of judgement
Q: Good morning Sir, I have filed an execution for temporary maintenance, the notice sent has been returned. Now, I skipped time to resend notice. Meanwhile, the final judgement has been ordered. How will I get my maintenance? Do I need to take any step or just to wait if he pays or not?
Nov 3, 2018
2897
Questions & Answers
UAE
The legal effects of resigning during probation period
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. I am handling the 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? Please answer.
Nov 3, 2018
4456
Questions & Answers
UAE
Protecting your interests while taking a business on lease
Q: Hi I am taking a cafeteria for 2 years on lease. The license will be for the owner but I will run and take care of everything for 2 years including profit, salaries...etc. So how will I make the agreement? 1. Shall I go to the court for making the agreement? 2. Shall both of us make an agreement on cafeteria letterhead and sign and stamp? Will this be enough as a proof of lease? 3. Is a power of attorney from the owner to my name needed for running the cafeteria?
Nov 3, 2018
859
Questions & Answers
UAE
التفاوض مع المصرف لإجراء تسوية حول قرض وبطاقات ائتمانية
س: السلام عليكم ورحمة الله وبركاته لوسمحت، أنا أخذت سيارة مستعملة عن طريق شركة للتمويل وكريدت كارت مبلغ ٥٠٠٠ آلاف درهم. وشاءت الظروف ولم أستطع دفع الثلاثة أشهر الأخيرة للسيارة والكريدت، فقامت شركة التمويل بحجز السيارة وبيعها بدون علمي وقامت بتقديم شيك الضمان إلى الشرطة ووضعوا المبلغ ٥٥٠٠٠ درهم. وعند سفري توقفت وتحولت إلى شرطة دبي وحكموا علي بمبلغ ٥٠٠٠ آلاف درهم فدفعتهم. واليوم بعد مضي ٦ أشهر اتصلو بي لتحصيل الديون وهددوني إذا لم أدفع ١٠٠٠٠٠ ألف، سوف يرفعون علي قضية مدنية. أرجوكم، هل يوجد حل؟
Nov 1, 2018
1412
Questions & Answers
UAE
الدعوى المدنية أمام المحكمة لاسترجاع المبالغ المقترضة
س: السلام عليكم أنا سلفت شخص مبلغ وقدره 60000 درهم وأعطاني شيكات (عدد 2) كل شيك قيمته 30000 درهم. ولكنه لم يرد المبلغ فقمت بفتح بلاغ، وعندما راجعت مركز الشرطة أخبروني بأن أراجع المحكمة. السؤال لو تفضلت، هل من الممكن أن أحصل فلوسي وما هي الطريقة؟
Nov 1, 2018
999
Questions & Answers
UAE
Extending the tenancy contract for two months upon expiry
Q: My tenancy contract, drawn under the land department of Dubai, expires on 24th of November. I wish to extend it for 2 months. The landlord says we can only renew for a year but is open to options as long as they are legal. Is it true that I cannot make a new contract with my landlord for 2 months? If I am forced to make a new contract for a year, can I have the `premature termination penalty` clause removed? (So I can give 2 months notice as soon as I enter into the contract and not have to pay a penalty).
Nov 1, 2018
4743
Questions & Answers
UAE
What to do when your company is not paying salaries
Q: Hi My company didn`t pay for the last 6 months (May 2018 to October 2018) including this month. The salary for the month of April 2018 was paid on July 24, 2018, and that`s the last salary they paid. I am working as an Urban Planning Engineer in Abu Dhabi. Need your advice.Nov 1, 2018
962
Questions & Answers
Bahrain
Entitlements to be claimed from company upon closure
Q: Our employer is closing down the business. Aside from normal benefits, are we going to be revived an extra 3 months` salary bonus as mentioned in Bahrain Labor Law Article 110 and 111 (C)?
Nov 1, 2018
1577
Questions & Answers
Bahrain
Action against the non-payment of final settlement
Q: I`m going to finish duty, but my company does not give me money. So what can I do?Nov 1, 2018
1493
Questions & Answers
Bahrain
The right to terminate an employee during probation
Q: I have a Bahraini employee who is on the probation period. He was found to be not a team player, does not share information and creates rifts among the team. I have tried my best to mentor him and take him along the team, but he is not appearing to change. Can I terminate him before his probation period ends?Nov 1, 2018
2658
Questions & Answers
UAE
Effect of the non-competition clause in labour contracts
Q: Sir, I am working as an engineer in an electromechanical company. It is said in my offer letter that if I leave the company before my contract period of 2 years then I can`t join any other similar firm (electromechanical) within the next 1 year. Is this legally accepted by the UAE law or do I have a choice to join a similar firm? What is the amount to be given to the company if I leave before my contract period as per the labour law?Oct 31, 2018
6419
Questions & Answers
UAE
Checking for a travel ban in the UAE
Q: Good morning! How do I know if I have a travel ban?
Oct 31, 2018
491
Questions & Answers
UAE
Wrongful deduction of labour dues upon resignation
Q: If an employer is wrongfully reducing dues of an employee that has resigned and served his notice period, what are the suggested steps for the employee to proceed with? What might be the resultant delay in cancellation time if the employee files a complaint? Is it mandatory for the employee to hand over his passport or can he insist on going with the employer to complete the cancellation process once the dues are cleared?Oct 31, 2018
721