Questions & Answers - Legal Advice Middle East

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.

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?

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Seeking visa cancellation and labor entitlements upon resignation

Q: Hi. I have an issue with my current employer and they are not paying my final settlement and EOS or allowances. I followed the correct procedure for resignation, performed at a high level during my 2 years and 10 months and only now, after my final date (June 1st), have they come back to me stating they want to put my payment on hold. Their reason is that they feel I have breached their confidentiality clause in their contract. I understand this is a separate matter to any final settlement due and thus I have raised a case with DMCC (they are a DMCC company). How do I get them to send me my final settlement and cancel my visa so I can continue my working life in Dubai, or leave if I want to? I only have 30 days to transfer over to a new company and don`t want to get into trouble. Please help Thanks

Effective date of the notice period

Q: If I send an undated resignation letter (attached to an email) to my HR Director, whereby the contents of the letter explicitly state "as we discussed, please find attached resignation letter, effective of *Xx." * A date later than when the email was sent. When will my notice period start? The date in which the email was sent, or the date in which is explicitly detailed within the resignation letter itself? Much appreciated.

Dropping the labour case against the employer to cancel visa

Q: Hi, I already filed waiving my labour case with my employer, I also dropped my labour compliant to my previous employer done at Tasheel. They told me to wait for the approval of cancellation and then I can cancel it at the immigration. I already told my previous employer that I dropped the court case (but it has to be notarized at Dubai Courts which I`m not yet doing it). They are not still withdrawing their labour complaint against me and they want me to go with them, but I don`t want to see them because of their wickedness. My question is, is it okay not to communicate with the previous employer even though my cancellation is in the process? Will it affect me until I get the cancellation?

Requirements and procedures accompanying application to corporate loan

Q: IS THIS TOPIC FAMILIAR TO YOU ? 1) A company from the UAE has a subsidiary abroad (100% of the shares). 2) The subsidiary would like to contract an investment loan and the bank is asking for a surety contract issued by the mother company. 3) A legal opinion is necessary to basically present: 3.1) Which conditions the surety contract should comply with in order for the surety contract to be valid and enforceable? 3.2) If any limitation (territorial, financial limit, time to claim, competences, signing procedure that has been followed, or any other, etc) is present in respect of a surety contract assumed by a company from the UAE toward a foreign bank while supporting its subsidiary from abroad. 3.3) What is the legal procedure that applies when enforcing a surety contract that is a related to a subsidiary from abroad (actions / estimated cost / estimated time)?

ندب خبير مصرفي للبطاقات الائتمانية

س: السلام عليكم ورحمة اللة وبركاته لدي استفسار بخصوص رفع دعوى ندب خبير مصرفي لدراسة البطاقات الائتمانية في حال كان هناك تسوية لتحويل الرصيد المحمل بالفوائد المتراكمة إلى أقساط شهرية. ففي هذه الحالة لا يقوم البنك بتزويد الخبير كشوفات الحساب من تاريخ إصدار البطاقة، ويكتفي بتزويد الخبير الكشوفات من بداية الخطة مما يرتب علي عدم تصفية الحسابات بشكل حسابي دقيق. ماهي الاجراءات المتبعة لإلزام البنك بتزويد كافة الكشوفات منذ إصدار البطاقة لأن أصل الدين كان محملاً بالفوائد المتراكمة وثم تم تحميل الرصيد مرة أخرى بفوائد على أصل الدين والفوائد المتراكمة؟ حيث أن هناك خلط كبير بتعريف خطة الدفع بالتقسيط محملة بفوائد جديدة وبين تسوية بين البنك والعميل لتخفيف مبلغ أصل الدين بنسبة معينة ودفع المبلغ على ٦ أو ١٢ شهراً دون زيادة فوائد جديدة.