Questions & Answers - Legal Advice Middle East

Do I get a labor ban after termination and salary delay?

Q: Good day Sir/Madam, My boss is delayed in giving me my salary and he told me that he doesn’t have money. After repeatedly talking to him, he told me he will be cancelling my employment with him. I am under unlimited contract and I joined my company Nov. 15, 2017. I signed my contract on Nov. 28, 2017. Will I get any ban?

Cancellation of visa after a labour complaint for unpaid salaries

Q: Hi, I`ve not been paid in almost 3 months, so I reported my employer to the Ministry of Labour but I am awaiting a hearing with a legal representative. I want to cancel my visa but my employer is insisting I serve 30 days` notice. How can I leave without being reported for absconding? I`ve also secured another job in another emirate so I want to resolve the issue rather quickly. Any advice would be greatly appreciated.

Liability of a restaurant for injury caused to customer

Q: Hi. We had an incident at a restaurant`s outdoor event for families. At their food stalls, there was nowhere any signs that the stalls are hot on the front customer-facing side or even covered. Kids were running around and accidentally our daughter touched one panel and got a severe 2nd-degree burn. This happened on Friday and we have been to hospital each day to change the dressing and cut off skin. I wonder if there is any legal action I can take against the restaurant, and what might the outcome be? Thanks

Acting against a claim for illegal competition

Q: Sir. I am from China and live in Iran with my family. We have a family business in Tehran (restaurant) and we worked for 15 years with no problem. We received a letter from the court that we have a case from the owner of two restaurants in the same street for illegal competition, asking to pay him compensation. What can we do?

عقوبة جناية التزوير في أوراق رسمية

س: أريد أن اسأل عن مدة الحكم لشخص ثبتت عليه قضية التزوير في أوراق رسمية.

محامي متخصص في عقود التوريد والتوزيع

س: أود أن أجد محامي متخصص في عقود التوزيع، حيث لدي منتج وأود أن أوقع عقود توريد بضاعة وتوزيع لطرف ثالث.

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إجراءات رفع دعوى على مقاول أخل بالتزاماته

س: السلام عليكم ورحمة الله وبركاته عندي مقاول استلم مبلغ 200 ألف وما بنى إلى الآن حسب الاتفاق. هل أقدر أن أرفع عليه دعوى أمام القضاء مباشرةً؟ وكم المدة التي تحتاجها الدعوى تقريباً وهل أستطيع أن أكلف مقاول ثاني بالشغل والقضية بعدها جارية؟ مشكورين

الطعن بتهمة تزوير وتبديد لعدم حياد الخبير

س: السلام عليكم، لدي صديقان إخوة تم اتهامهم بالتبديد وتزوير محضر وحكمت محكمة الجزاء على المتهم الاول سنتين وإبعاد والثاني 6 أشهر. تم الاستئناف، ولعدم ثبوت التزوير خفضت التهمة إلى سنة وإلغاء الإبعاد وتأييد الحكم على المتهم الثاني. قيمة الأموال تقدر ب 800 ألف درهم وتم في محكمة الجزاء ندب خبير محاسبة والذي وضع كل طلبات جهة الادعاء مع تجاهل أي طلب للمتهمين من شهود وأوراق قدمت للخبير. تم الطعن في القضية. الأسئلة: كيف يتم إقناع قضاة الطعن بضرورة مراجعة القضية لعدم حياد الخبير؟ وكيف ستكون إجراءات القضية المدنية فيما بعد؟ وهنا أقصد في حالة التبديد هل سيتم دفع المبلغ كاملاً أو على دفعات شهرية كما هو الحال مع الشيكات؟ أرجو الافادة

Can a GCC national act as a local sponsor of the UAE LLC company?

Q: Can a Bahraini citizen be my local sponsor in the UAE? I have a Bahraini partner who will own 51% of an LLC company to be established in Abu Dhabi. Will this be sufficient or I will still need an Emirati citizen?

Deduction of paid housing allowance from salaries after termination

Q: I was employed in January with a 6-month probation period. My employer terminated the contract, with the notice period set to expire on 22 April. They are withholding my March and April salaries as they have advanced an accommodation allowance for 6 month`s rent. They want me to return the balance of the rent that they have paid from the end of my notice period. They have now proposed to deduct the rent balance from March and April salaries which would leave me with a salary of AED 1,500 for the two months. Can they do this?

Employee's rights in case of termination

Q: Is the employee eligible to get 3 months basic and allowances in case of termination?

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The minimum value for filing a bounced cheque case

Q: As per the question asked under Q&A`s ``The criminal and civil proceedings of a bounced cheque case``, you can ask them to file a civil case immediately and submit travel ban. But you had told me earlier that to file a civil case, the value of the cheque needs to be AED 100,000. I am confused, my cheque value is AED 52,350 for which I paid fine in court. Kindly advise on my case. Can the client put a further civil case on me, and how can I resolve this issue?

Obtaining refund from the developer for project delay

Q: I booked an off-plan studio in R.E.P. DIP. The developer posts to me the contract to sign. I signed the contract and posted it back to their address. The texture property In Dubai has been dealing and I transferred 10% to reserve the unit in June 2015. I have paid over 30% until the end of Dec 2016. I stopped paying the rest of instalments because after viewing 0% construction report through DLD website and neither developer has provided me Oqood. There is still no construction as per the DLD report for project number 1514. I am considering to get a refund. The total price of the studio is AED 330000. 10% at the outset, 36 equal instalments during construction, 20% on handover and 18 equal instalments after the handover. I have paid 10% and 18 equal instalments out of 36 during the construction as per contract. Total AED 109,973.94 paid: AED 109,973.00 What are the possibilities to get a refund from the developer? How much would it cost?

Leaving the UAE without cancellation due to the non-acceptance of resignation

Q: Dear Sir, My husband and I worked as teachers in Al Ain, UAE, first from 2009 till 2013 and then went back in August 2015. However, we had issues at work and decided to resign in January 2016. Then the principal tried to dissuade us and did not accept our resignations. We told her we did not want to stay, but she still refused to accept them. In February, my husband went to her again and reminded her that we were leaving in end of March. She got mad and threatened both of us. What could we do? We stayed in March finishing the term and left on the 30th sending her yet another reminder of our decision. The problem is that she never accepted our resignations. We are now in another country and we need a police clearance. It has been 2 years since then. Another problem is that we couldn`t close our bank accounts. We had no debts or unpaid cheques. We have now been waiting for more than 5 months to get my husbands police clearance and there is no sign of ever getting it. Are we eligible?

Settlement of a bank loan and lifting travel ban and cases

Q: I have a police case for a bounced cheque last year March 17. It was against a loan which I drew but later I changed my job. I left the UAE and came back, but before I can do something the bank felt insecurity and immediately they submitted my security cheque to the police station and put a case on me. The same day, I paid the fine and came out. Later, I joined a new company and provided the necessary documents and new security cheque. My account was then regularised (After resigning from the previous company my account was frozen) and since then everything is fine. Now, I want to settle my loan in full. I already mobilised funds needed. I want to know asap if I settle the loan in full, how the travel ban or police case will be removed? Will the bank do everything and give me a clearance letter?

Resignation for the non-payment of salary and absconding counterclaim

Q: Dear Sir/Madam I am writing this question because my employer has put absconding complaint upon us, We are not getting the salary for the last six (6) months. I have sent an email for resignation, and after completing the duration my manager called and said we have accepted your resignation. After this, the company owner has put an absconding case. Please advise us, what will I do? Farhan