Questions & Answers

Q: My spouse and I work in different organizations. We both are on independent company visa. As per the term of employment of each of us, we are allowed to claim school fee paid for our child. Please confirm, can both of us claim the fee reimbursement in our individual company?

Compensation for resigning during the probation Period

Q: Hi Sir/Madam I have given resignation during my probation period (within three months), and I want to know if I have to pay any compensation to the company.

إعادة الاعتبار حكماً للمحكوم عليه بعقوبة جنحية

س: السلام عليكم أنا مواطن أردني كنت أعمل في السعودية لحين إيقافي في السعودية بسبب قضية حيازة الحشيش بغرض الاستعمال الشخصي، وحكم علي بالسجن شهرين و 80 جلدة والإبعاد من السعودية إلى الأردن. في مطار الملكة علياء تم حجز جواز سفري من قبل رجال الأمن وقالولي بتراجع إدارة مكافحة المخدرات في الياسمين. ذهب إلى المكافحة وقدمت إفادتي ووضعها الموظف في ملف وسلمني جواز سفري وقبل أن أخرج قال لي انتظر. دخل على الكمبيوتر والظاهر أنه (أزال التعميم) كف طلب وقال لي "خلص روح". وجدت عمل وطلب مني عدم محكومية. ذهبت إلى المحكمة لإصدارها فقالوا لي راجع إدارة المعلومات الجنائية بنفس المبنى. رحت لهم قال لي الموظف أنت ماذا عليك بإدارة المخدرات؟ أنا الآن أعطيك كتاب تراجع فيه إدارة المكافحة في الياسمين وتطلب منهم أن يدخلوا شرح للقضية. رحت لهم وسلمت الكتاب وبعد انتظار لأكثر من 3 ساعات سألت الموظف عن موضوعي. قلت له يعني أقدر أن أحصل على عدم محكومية؟ قال لي "نحن ندخل المعلومات للكمبيوتر روح إعمل شو ما بدك". الآن سؤالي أنا ما هو المسجل علي، هل هو قيد أو أسبقية أو ماذا؟ وهل يحق لي إصدار شهادة عدم محكومية؟ القضية خارج الأردن وانحكمت فيها وقضيت المحكومية وانتهيت.

Police Clearance Certificate after serving a jail term

Q: My husband is now serving a 1-year sentence in Dubai under a criminal case offence. By end of September 2018, he will finish his punishment. After that, if he applies for a Police Clearance Certificate from the embassy, will they provide it mentioning conduct is good?

Retrieving passport from the court after being found not guilty

Q: Dear Sir, My brother was involved in an incident at his company that claimed two lives (the victims died in a sewage tank). During this process, my brother happened to be a safety officer in that company but the supervisor and the managers assigned those workers who died during the cleaning of the sewage tank without informing the safety department. During the police investigation, my brother`s passport was seized by the police and the case was referred to public prosecution. After the final investigation, my brother (safety officer) was not guilty as the public prosecutor decided, but the supervisor was guilty since he gave the order to those workers to carry out the unsafe work without informing the safety department for proper risk assessment. The supervisor was given a 5-month jail term. Concerning my brother, his case ended at the public prosecution office since he was not guilty, but since then, his passport is still held with the court. Please, I need advice. Thanks Taka Farhad

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Can two family members benefit from government housing allowance?

Q: I work for the Ministry of Education and my wife works for Etihad Airways. I get a housing and my wife received a housing allowance from her company. We recently applied for a bigger apartment at my company. I received an email yesterday saying that we have to evacuate our apartment because I am not eligible for the housing anymore as she receives an allowance from Etihad. Etihad Airways HR told us that this only applies if I work for Etihad as well. My company says they are government and therefore I am not allowed to get an allowance. I researched and found out that Etihad is government owned but not funded or operated. How should I approach this and can they just kick me out on the street with a pregnant wife and an 18-month-old baby? I felt that the email was sent in a threatening way.

الحق أحق أن يتبع

س: السلام عليكم لدي شيكات مرتجعة إلى شخص إمارتي وأنا على اتصال به بين فتره وأخرى ولا يوجد لدي مال لسداده. الموضوع قبل ٤ سنوات خلال هذا الشهر، اتصل صاحب الشيكات بالسب والشتم والتهديد بالإنتربول لأني أقطن خارج الإمارات، في هولندا، وأنا لا أملك أي مال لكي أسدد مافي ذمتي. بصراحة أنا لم أنكر حق هذا الرجل. ماهو الحل رجاءاً؟

Refund from seller for delay in delivering a paid order

Q: I entered an agreement to purchase a machine and made a 50% down payment 90 days earlier with a company in Sharjah. The agreement was to have the machine delivered within 45 days. The company has been stalling and being vague with no clear official communication on when it will actually deliver the machine, in spite of me constantly following up. When they do reply and give an expected date, that lapses with no communication from them and I have to once again keep following up. This is now affecting my business operations. What are my options to cancel this order and get a refund on my advance who should I raise a complaint with?

Legal action to claim dues upon arbitrary termination

Q: I have been given a verbal termination notice of two months. What are the repercussions if I can prove that I have been fired from the position of the Chief Accountant because I was not signing on fake payroll sheets to be filed with the labour department, when in fact, actual payroll contains overtime way in excess of local labour laws? Also, should I work full time during these two months as I have to search for a job also during this period? Also, our company had a joint venture and they terminated its accounting staff 4 years back and told me to take up full responsibility of managing accounts and audit of that company over and above my actual working in the existing company, with a verbal commitment that I will be compensated extra for the same. Later on, my company started charging to that joint venture for the accounting services rendered by me, but despite my requests so far no monetary compensation has been passed on to me. Can I file a claim on the same in labour court?

Dealing with a court letter for a bounced rental cheque

Q: Dear Attorney Ahmed, Today I have received an Arabic letter from Dubai Courts and this is in connection with my bounced cheque two weeks ago. I am residing in this real estate for 13 years and I used to pay one cheque in regards of payment, but I can say that in 12 years of making payments with them, this month only is delayed because of our salary delay. Please advise what would be my case against this letter in Arabic from Dubai Courts.

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Reviewing agreements and providing consultation

Q: Hello, We are a startup and planning to launch our alpha platform soon and are looking for Lawyers who can help us review our privacy policy and terms and conditions. We already wrote them but they require editing and review to ensure all aspects are properly covered.

Labor regulations for a UAE employee working in another country

Q: Hi, I need some help in understanding Dubai employment laws in hiring expatriates. We are an Indian based parent company, and we have a legal subsidiary in Dubai. Lately, we are exploring the South African market and we would like to hire a local person in South Africa. However, We don’t have a legal entity in South Africa. We are exploring an option where an employee can be governed by Dubai payroll but he/ she will be delegated to South Africa (Employee will get benefited in this case as he/ she gets ESOPS/ RSUS as we have a legal entity here in Dubai). I have following questions: Is it a smooth option to explore? (If we want to make a South African national as Dubai entity employee but delegated to South Africa). What`s the detailed process to put him/ her on the payroll (Visa, registration...etc.). I highly appreciate your inputs in this regard.

العقوبة المحددة لارتكاب جناية التزوير في أوراق رسمية

س: ما هي المدة الدنيا للحكم في قضية تزوير ورقة رسمية؟ وهل استخدام ورقة رسمية فيها نفس معلومات الورقة الأصلية (فقط تغيير اللون لهدف معين) يعتبر تزوير؟

Recovering the unpaid price of items delivered over a year ago

Q: Dear Sirs, I have a Reseller Contract which was signed between us and another party for the sale of 10000 units of Terminal Stations. The final supply was to be done to the India Telecom over a 5-year period at 2,200 units per year, based on a purchase contract signed between us and another company. Based on this agreement, we placed an order for 2200 units at a value of AED12,273,400 (Twelve million two hundred seventy-three thousand four hundred). Based on the purchase order, the other party made a payment of 15% as a deposit and we finalized and handed over, but they didn’t pay since one year. Kindly let us know if you can guide us how we can recover our funds legally. Looking forward to hearing from you at your earliest.

الجهات المختصة ببيع وشراء ونقل ملكية العقارات

س: السلام عليكم هل تعمل شخصياً بنقل ملكيات عقارات في ليماسول أم هناك محامي آخر، وكم هي تكلفة بيع شقة بسعر 90 ألف يورو في ليماسول؟ 00966534643028 وتس اب وشكراً

Lifting the UAE blacklist for medical unfitness

Is it legal for parents to benefit twice from school allowance?