Questions & Answers - Legal Advice Middle East

Drafting privacy policy and terms & conditions for an online platform

Q: Hello, We are corporate incubator based in the UAE looking to launch an online marketplace platform. We require assistance with drafting our privacy policy, terms and conditions...etc.

Undelivered goods after payment of the price

Q: I represent a Libyan company that made a purchase of goods from Dubai. In accordance with the legal procedures, I have sent a bank credit against bank documents. The money was sent to Dubai and the company in Dubai sent bank legal documents to receive the money but did not send the goods. How can I recover my physical rights?

Cancellation of employment visa while a labour case is running in court

Q: Hello Sir. I have an open labour case with Dubai Courts against my previous employer because of salary delays and final settlement dispute. I have an offer from a new employer, and I want to know if I cancel my employment visa with my previous employer, will my labour case stay open? Also, if I cancel my visa with my previous employer, can they force me to accept the final settlement or can I still pursue this with Dubai Courts? Thank you

Refund of paid court fees after winning a labour case

Q: I have a labour case against my company and I have won the same. While filing the case I have paid court fees, now I have to file execution to collect my dues. So how to add court fees, is it recoverable or not? Please advise. Thanks

Online marketing startup website in Iran

Q: Hello Sir, What are the legal procedures related to opening and registration of a business for selling clothes and shoes online from other vendors to customers in Iran? As we will not own any of the goods to be sold, what is the arrangement required from us to prove the availability of purchased items to the customers and that it`s not a fraudulent activity? Thank you

الادعاء على شركة عقارية بالنصب والاحتيال

س: السلام عليكم ورحمة الله وبركاته عندي مع شركة شون العقارية موضوع نصب واحتيال بالمشروع، عبارة عن شقة في مجمع دبي للاستثمار وعدم بناء المشروع. وقد تم سحبه من قبل دائرة الأراضي والمشروع ملغي وعندي تقرير من دائرة الأراضي ومن المحكمة عن وضع الشقة والمشروع وباقي لي استشارة قانونية عن وضعي مع الشركة.

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Credit card settlement and possibility of a travel ban

Q: Salam Mr Khalifa, Quick question if possible. If someone has a credit card and he wants to stop it and discuss the settlement of the pending amount with the bank, will there be a travel ban during that period?

Recourse for unpaid dues in commercial transactions

Q: I am a contractor and my client has pending payments with him. I have received 5 out of 13 payments I sent him. All the 13 payments are late. All the payments have been signed and approved and he gave me a payment certificate to confirm due date of payment but until this date, it is not paid. Each certificate is delayed out of the 8 balance. They range in delay from 2 weeks to 6 months. What are my rights and the damages I can claim as per the UAE law? Please note that I had to close down my business because I can`t afford to run it due to the late payments.

Cancellation of visa during a pending labour case

Q: Hello Ma`am, I`m working in Al Ain and I have a few points to be clarified. I did resign on March 10, 2018, and my head office based out in Abu Dhabi said your last date will be April 30, 2018, verbally. However, I do have resignation acceptance without mentioning any specific date. I`m on an unlimited contract. My labour card expired on May 9 and my visa got expired on May 24th. I had no response from the GM regarding my F&F settlement and visa cancellation. I waited and visited them personally but no response. So I launched a complaint on the 23rd of May 2018. My only question here is, can I cancel my visa and ask my wife to take over on the pending settlement? The reason is I have to travel on a family emergency to my home country. Is it legally possible or what would you suggest in my case? Thank you Hari

Non-renewal of a limited contract coming to an end

Q: I was on maternity leave. Upon the completion of maternity leave, I extended my leave which was approved by the management. Though I wished to join back after a month, due to the nature of work I was given a leave until the end of the school term ending in June which I consented to. My limited contract ends on 31 Aug 2018 and I have now received a notice for non-renewal of my employment contract. Is this legally binding?

Filing a labour case for salary delay and related entitlements

Q: Good afternoon, Ma`am I am working for an LLC company in Dubai in a managerial position and on an unlimited contract for the past 5 years. Our salaries were regularly delayed but paid. However, for the past 5 months (Dec 2017 onwards), the salary has not been paid as the company is in a financial mess due to mismanagement. 25% of my salary was deducted from 2014-16 for a period of 36 months citing revenue generation/ profitability...etc. So there are 2 issues. Could you please guide me how I can claim this? Also, can I get a new employment visa (Not the temporary work visa since the salary was delayed more than 3 months) while the labour case is ongoing? What would be the labour case period involved and what are the steps in the same? Do I have to hire lawyers for it? Can I claim compensation due to salary delays from civil/ labour courts as I am paying interest on credit cards and loans which I used due to these delays?

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Reimbursement of rent payments from the landlord for breach

Q: Hello Mrs Khan I have a situation here, I have to take a flat on rent and the rent was agreed to be paid in 6 Instalments. So I made the first instalment in cash and rest with post-dated cheques along with a security deposit cheque. Now, the situation has arisen that the landlord has not signed the contract because of some court case on the building and I have not the received the flat as promised. Can I cancel my cheques with expecting any actions to be taken against me as I have not received the flat as agreed, and should I lodge a police complaint? Is there any other action that needs to be taken? Thanks Anuj

Checking a possible case or travel ban in GCC due to UAE bank debts

Q: Ms. Nikhat, I`m in India. Please advise on an ongoing issue with me for the last 2 years and for no reason, or you can say suffering without fault. I have issued cheques in a settlement for my cousin regarding his civil case. It was a claim of 2.2 Million with dividing the amount into 12 cheques of 20k each, and rest of the amount of AED 1.7 Million approximately in 13 months. Where it was clearly written in the agreement that as soon my cousin got his chequebook from the bank, all my cheques get replaced with the new one. As it took 2 months to get the new chequebook because of cousin`s visa expiry, the other lawyer refused to replace my cheques and said if you want to replace they will keep my cheques as a guarantee. So we could not replace them with new cheques. He put my cheque into the bank and I left the country in August 2016. I`m still out and only my cousin is there in the UAE arranging the fund without any success. I lost my 12 years of Dubai experience and doing nothing. I don`t know if I will face any issue in immigration for Qatar.

Visa cancellation while a labour case is running in court

Q: Dear Sir/Ma’am, I hope all is good with you and you will be able to help me in this situation. I was working for a private company with which I have a labour court case ongoing for which the judgement is to be made on the 25th June. I have received an offer letter from a free zone company which requires me to join on the 6th of June. Could you please help me on how to get the cancellation of my visa done so the free zone company can proceed legally for me while my case is ongoing. Thanking you, Tanya

Filing a labor case for salary delay and forcing resignation

Q: My employer refused to pay salary (more than 3 months). Whenever I asked for the salary he told me to look for another job. He is also forcing me to submit resignation letter and telling me: "cancel your visa by yourself". Can I take legal action against this for pending salary? I already filed a case.

Application of the notice period and penalty for early exit of tenancy

Q: Dear Sir, I am renting a house in Dubai. The yearly rent is paid with 2 cheques. I have been renting the house for 8 months. The landlord has already cashed in the 2 cheques. My tenancy agreement includes an exit clause for early termination: "In the event of the tenancy contract being broken by the tenant, he/she will have to give the landlord 60 days` notice". The tenancy agreement will end in 4 months. I informed the landlord that I will leave the house within 60 days. He told me that he will not refund the remaining 2 months. What should I do?