Questions & Answers - Legal Advice Middle East

ضمان الشركاء لحقوقهم عند تأسيس شركة محدودة المسؤولية

س: مرحباً، أنا مواطن ولدي رخصة تجارية (كافتيريا) عرضتها للبيع، فعرض علي شخص وافد شراءها على أن أكون أنا شريك 51% و 49% لثلاث شركاء. قام بتحويل الرخصة إلى شركة ذات مسوولية محدودة، واتفقنا على مبلغ معين سنوياً. سؤالي هو، في حال أخذ الشريك الوافد قرض شخصي وعجز عن سداده أو هرب، فهل أتحمل أنا هذه الالتزامات؟ وكيف علي أن أحمي نفسي كوني جاهل بهذه القوانين وأضيع بين الكلمات؟

Re-visiting the UAE after leaving without visa cancellation

Q: Hello Sir, I was working for a company in Abu Dhabi for 8 months. Due to some emergency at my home, I took an emergency leave. After that, I was unable to come back to the UAE. Now, it`s more than 6 months, I didn`t return to the UAE. I am having a resident visa valid till March 2019. Is it possible to come to the UAE with a new visa for a visit or for working with another company?

حق الدائن في اختيار التسوية و التزام المدين بها

س: السلام عليكم ورحمة الله أخي الكريم، عليّ قضية مالية لشخص بقيمة 5500 دينار تم عمل مصالحة ودفعت له 1500 دينار دفعة أولى والباقي على 500 دينار شهرياً. تم سداد 1000 أي شهرين متاليين. إلا أن ظروفي تدهورت من جديد وبقي علي مبلغ 3000 دينار ورفع قضية من جديد من مدة شهر، وأصبح يطالب بمبلغ 3600 دينار. هل يمكن التقسيط من جديد معه أم أن القانون يمنع ذلك؟ وجزاك الله خيرا

Resignation for salary delays and claiming dues before cancellation

Q: Hello, I am working for a manufacturing company in Dubai. The company is unable to pay the salaries on time for the last two years. There have been several promises made that the salaries would come back to normal, but didn`t happen till now. Due to this, and even if the employee wishes to cancel the visa to discontinue his job here, the company does not give the full settlement during cancellation. Whereas the employee is forced to sign the cancellation paper stating that he has received all his benefits from the company while getting only partial payment. The company promises him that the remaining would be paid in the coming 3 to 6 months. The company fails to do so and leaves fewer options for the employee to challenge it legally. What should be done in such case in order to receive all the money before we leave the company?

Personal injury claim against a massage therapist

Q: I`m 34 y/o. A massage therapist at a 4-star hotel manipulated my neck with subsequent severe pain that lasted for 1 week, then a chronic mild pain & some stiffness in my neck & shoulder for a year. The MRI revealed neck arthritis & my job as a physician is partially affected by the indecent. Can I sue them in such a case?

Withholding salary and passport after visa cancellation

Q: How do I get my salary and passport from my employer? I worked for my previous company for 3 months and decided to resign because of a better opportunity. I signed an appointment letter that I can resign within the probation period of 6 months. I resigned on July 15, 2018, and served the 1-month notice period and worked until August 16, 2018. They cancelled my visa on August 29 but still, they are holding my passport and my remaining salary and the worst is they are asking me to pay AED 13,000 for the visa processing, flight ticket and visa cancellation. What can I do about this? I need help badly. Thank you in advance.

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Possibility of a labour ban after termination by employer

Q: I joined a company in Abu Dhabi three months ago. Due to some quota issues, they give me a messenger visa on my passport. Now, they don`t have a project and want me to search for another job or they will cancel my visa. My contract is a limited term and my visa is a messenger. Question is if they will cancel my visa, will there be a labour ban?

Reporting the use of fake degrees to authorities

Q: If I come across someone who is working in the UAE by using fake degree certificates, how can I report to authorities; or what is the means of initiating an enquiry?

Divorce by mutual consent after leaving the UAE

Q: Hi. I am in India for the last 5 months and still hold a valid UAE visa. My wife is staying in Dubai and has applied for mutual divorce in Dubai Courts. We are married since 2008 and have no children. Can my wife be granted a divorce in my absentia (ex parte) under the Hindu marriage act? If so, how soon can this be done as we both need the divorce and I am unable to travel to Dubai?

Forceful extension of the employee notice period upon resignation

Q: Hi Madam, Good afternoon. I am writing on behalf of my wife. She is working as a school nurse in Dubai for more than 3 years. Now, my wife got a good offer and submitted resignation on 26th August 2018 by mentioning last day of working as of 07th October 2018. The school accepted the resignation and asked for 45 days salary as compensation. We also agreed to give the compensation and informed the new school that she will join on 08th October 2018. But now they are asking to work for some more days as KHDA inspection is coming to school by the end of October. We told them it is not possible because we already informed the new school about the join date. The current school still have not started any relieving process. How can we overcome this issue?

Return of security deposit and rent dues

Q: Hi. My daughter had stayed at an apartment 807, Marina Diamond 2 in Dubai from 1st May 2017 to 31st July 2018 on the lease of Mr Alex Hejazi`s US national apartment. The first contract was for one year and then extended for six months. The original contract had two months notice clause and renewed one with one month notice. He was given a month`s notice as per the tenancy agreement on 25th June 2018 by mail and over the phone and vacated on 31st July 2018. Returned to India on 8th August 2018. The landlord is now not responding to mails or texts and has not returned any money. The dues are three months` rent and the security deposit total of AED 15600. Now, she is back in India and cannot travel to lodge a case in RDC. How do I get back my hard-earned money without travelling to Dubai?

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Rescinding a property reservation agreement and getting refund

Q: I have purchased a property in Dubai in Dec 2017 by putting a 30% deposit of the purchase price to the Developers account and received the reservation form and receipts only. However, I still do not have the SPA or OQOOD as of Aug 2018. The developer has been saying the SPA templates have been getting delayed at DLD. Per the reservation form, I have an upcoming payment in Sep 2018, however, I do not want to pay this as I still don`t have the SPA or Oqood which is my legal document and there is no escrow account per DLD website. What is my legal position here and how can I get this resolved or can I get refunded given there is no contract as yet? Please guide

Legal representation for the settlement of bank dues

Q: I would like to return to Dubai after leaving with a debt. I have tried contacting the banks to discuss but keep being passed around. I would like a lawyer who can represent me to agree on the repayments as I cannot afford an immediate settlement. Is there such a service?

Withdrawing from an accepted job offer to take a better one

Q: Hello. I`m from India. I have accepted a job offer with a firm in Dubai. I have signed the offer letter with the company and submitted my degree document for attestation from Ministry of Foreign Affairs, UAE. Now, I have received a better offer from a different company in Dubai which I want to choose. At this point, I have received a `Job offer for Unlimited Term Employment Contract` which I`m being requested to sign to apply for e-visa from the first company. Will I be able to reject the offer from this company at this point? Will I be facing a ban by rejecting the offer? I want to know the legal consequences at this point before I take a decision. (P.S - I`m willing to bear the cost incurred by the first company in the onboarding process/acquiring work permit)

Seeking divorce for false accusations and defamation

Q: Hello lawyer! I need an expert advice from you. I was married 3 years back and my husband and inlaws cheated me on his medical condition (i.e. he had both kidneys removed and transplanted his mother kidney). A year after my marriage, I was pressured and tortured for not having a baby. I was very worried, and hence, got all my tests done and alhamdulillah everything was normal. The doctor also checked my husband and as a result, his reports were negative and the reason for that was associated with his transplant and medicines. He and his family behaviour is getting worse day by day, and hence, I am planning to get a divorce from him and wanted to know my legal rights and process to go further. I am living with my parents since 9 months and my husband hasn`t supported me in any way. Now, he has started defaming me on social media also. I would be very thankful if you can help me in this regard.

Execution case to get dues from absconding employer

Q: I got a judgement to pay my dues in 2009 from Dubai court but still did not get my dues. I have been to Dubai last month, and the court said to open the case again through a typing centre and you will get the payment. I`ve spent too much money on publishing in the newspaper and another related court procedures and I have all the evidence. Can you please help me to recover this money and I will pay your fees from the amount received? I`m in Kuwait recently. My WhatsApp number is 00971582957430