Questions & Answers - Legal Advice Middle East

Claiming entitlements upon resignation for delayed salaries

Q: Hello all, I was working under an unlimited contact on an LLC company for about a year in Abu Dhabi. Since I started working, I haven’t got paid on time. So after a year, I resigned from the company by emergency resignation whilst I had 2 months` pending salaries. Now it’s been 49 days since I submitted my resignation and my company is delaying my payments, though my work permit has already been cancelled by them. So can anyone give some advice to take further actions? I’m currently staying on my notice period, so is it ok to file a case against them? Will it take longer?

Possibility of a settlement at the court for bounced rental cheques

Q: Hello Advocate Nikhat, How are you, Madam? My house is in Abu Dhabi and I had rent bounced cheques due to my job loss. Q.1 As we know that for a rent cheque bounce, after the police case is closed and the civil case is opened, then in this civil case, the judge will decide on the amount for instalments. Won`t he consider what we say about how much we can pay? Q.2 Ref to the above question, it means there is no jail directly if we agree with the judge on the amount to be paid in instalments. Now, I understand that once the instalments are finalized, then we have to pay them regularly. The question is, in the civil case, there is no direct Jail in the first or second hearing, as the judge negotiates the amount for payment, correct? Q.3 During eviction case, when rent/lease is expired. Since the lease is now connected with Tawtheeq, so if Tawtheeq expires as the rent agreement expires, Will ADDC cut my electricity during this time? Q.4 Please, also advise what is Legal Advice Middle East, is it a law firm?

Time frame for processing employment visa

Q: Good day, Madam, Please after thumbprint has been made by the employee, how long will it take the person to get his or her visa?

Defaulting on bank loans and possible actions for recovery

Q: I have a few questions. Q.1 My friend has a bank loan of AED 60,000 approx from a bank here in the UAE and he did not pay for the last 7or 8 months and the bank is calling for recovery. They have a law firm here which has a branch in Pakistan and this bank also has a branch in Pakistan. If my friend travels to Pakistan due to an emergency now and the bank proceeds with its action, what action(s) will that be? (So far no action from the bank - no case from them) Q.2 If he goes to Pakistan, what will the consequences be for an already running civil case of a bank loan default with another bank, this bank has no branch in Pakistan?

Cancelled projects and getting an update on the property

Q: I bought a real estate unit more than 3 years ago. The project has been cancelled and at the cancelled real estate project committee in Dubai Courts for more than a year. I don`t know how to follow up with them as they are not responding to my calls or emails.

Labour rights upon resignation for non-payment of salary

Q: Dear Ahmed, My sister is working for a catering company based in a school and she didn`t get her salary since May. She doesn`t wish to continue with this company. Her contract is limited and joined in September 2017, but the contract is dated 04/12/2017. As per article 121, she has the right to resign without notice, however, another article says that she needs to pay the employer “early termination compensation”. How can we proceed without losing the money? Thank you. Maya 0503183185

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The right action against stopping the payment of salary

Q: My husband is working in Dubai as a chef, but unfortunately, his employer didn`t give him the salary for 3 months. The restaurant is a free zone visa type. Can you give us an idea of what kind of legal action we should take?

Luring for adultery and the proper legal action

Q: Hi there, I’ve tried getting some help from you, however, I’m yet to hear back. I’m seeking advice on the topic of adultery where my husband and I are from the UK and the lady is resident in Dubai. She is Canadian, but working for the Emirates Airlines. My husband broke the relationship with her, but the lady keeps continuously contacting my husband asking him to leave me and our two small sons (5 years and 4 months). She often gets under the influence of alcohol and on those occasions, she is even more aggressive with her approach. As the girl works for the airline, she has frequent trips to London. I would like to see if there’s anything I can do to stop her trying to break our family. We do not want to get divorced, we are trying to strengthen our bond. I understand that my husband was also at fault, however, he’s been trying to make amends for his mistake and find a way away from this girl but she would not stop contacting us. Thank you for your help! Best, Agnes Gorgyan

قسمة عقار بين الزوجين بسبب الطلاق

س: السلام عليكم أنا وزوجتي بنينا بيت، أنا دفعت ٦٠٪ من تكاليفه وزوجتي دفعت الباقي، لكن هي طلبت أن أسجل البيت باسمها وأنا وافقت لأنني لم أكن أريد أن أكسفها. والآن حدثت بيني وبينها مشاكل ونريد أن نتطلق، فهل أقدر أن أطالب بنصف البيت؟

Recovery of dues post criminal case judgment

Q: Hi In my case judgment, the accused received two months jail and then deportation. However, I didn’t get anything from the accused. I would like to put a travel ban and file a civil case against him to recover my money. All I need to know is the charges of travel ban since he is still in jail and could be deported anytime.

Expected penalty in a case of cheque bounce

Q: I have issued a cheque that bounced with the amount of AED 247,976.00 on October 30, 2017, but I have paid AED 90,000, and now I have a balance of AED 157,976.00. This is the purchase payment of goods, and after reducing defective products amount, the final balance is AED 130,716.00 (I got the signature of the holder and confirmation of final balance). In this case, will I be fined according to the new regulations between AED 100,000 and AED 200,000? B/regards Emilio Chu

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المدة القانونية لبدء فترة التجربة في عقود العمل

س: مساء الخير وجدت اسمك في أردنيين في الإمارات. عندي استفسار بسيط لو تكرمت علي بالنسبة لفترة التجربة في الإمارات، يتم احتسابها ابتداءأ من أي تاريخ: هل من تاريخ أول يوم عمل أم من تاريخ عرض العمل أم من تاريخ عقد العمل؟

Consequences of defaulting on several financial obligations

Q: Hi Mr Naser, Thanks for your fast response. We are based in Abu Dhabi. Q.1 As we know that for a rent cheque bounce after the police case is closed and the civil case is opened, will the judge decide on the amount for instalments in this civil case? Won`t he consider what we say how much we can pay? Q.2 During eviction case, when the rent/lease expires and since the lease is now connected with Tawtheeq which expires as well, will ADDC cut my electricity during this time? Q.3 My friend has a bank loan of AED 60K approx from a bank here in the UAE and he did not pay for the last 7 or 8 months. This bank has a branch in Pakistan. If he travels to Pakistan due to an emergency and the bank proceeds with its action, what action(s) will that be? (So far no action from the bank) Q.4 If he goes to Pakistan, what will be the consequences for an already running civil case of a bank loan default? Q.5 for a credit card security cheque bounce, can a bank directly file a civil case?

Settlement of a bank loan before returning to the UAE

Q: Hi Sir, I have a personal loan from a bank with an amount of AED 100,000/-. Due to my health issues and family issues, I left the UAE and now in my home country. I don`t have much money left with me as I had so much family issues where I spent the money, and now I do not have enough money to pay back the loan. I want to come back to the UAE. Is there any way to solve the issue?

The legal way out of bounced cheques for credit card and rent

Q: Q.1 Can a bank file a civil case for a credit card bounced cheque against a person, without filing a police case? Q.2 A person`s rent cheque for residential apartment bounced, real estate property dealer files police case on him, the court gives him fine for X amount and closes the police case. The question is, will there be a time bar by law to wait for 2 or more months before they file a civil case against the tenant? Q.3 Under which circumstances there is jail for a rent cheque bounce in the judgement of a civil case? (Considering that the tenant faced police case, which is closed now and the tenant paid fine also for that as per the judgement of the court)

Seeking settlement with the bank for defaulting on a loan

Q: I am a defaulter on a bank loan in the UAE. Now, I am requesting the bank for settlement but still no reply from their side, can you guide me on this? What I have to do now? I am offering them but they`re still emailing me about a legal case. Any solution to this?