Questions & Answers - Legal Advice Middle East

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

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

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التعثر في سداد القرض وأثره على نقل الإقامة

س: السلام عليكم ورحمة الله الإخوة القانونيون، الرجاء أفيدوني: أخذت قرض من بنك (150 ألف) وبعد سنة ساءت أوضاع الشركة فتعثرت فى السداد واضطررت إلى ترك المنزل وإرجاع الأسرة الى بلدي الأم. ومن ثم قام البنك بفتح بلاغ جزائي (شيك بسوء نية) تم الحكم علي فيه بالغرامة وسددت الغرامة وظللت أبحث عن عمل آخر. الآن حصلت على عمل آخر فى إمارة أخرى ولكنني تفاجأت باتصال من البنك بأنه أقام دعوى مدنية ضدي. سؤالى هو: 1. ماذا أفعل مع البنك؟ ماهى المترتبات القانونية؟ 2. هل أستطيع نقل إقامتى؟

التحري عن تعميم قضائي محتمل عبر الإنترنت

س: السلام عليكم ورحمة الله هل من الممكن الاستفسار عن وجود تعميم على الشخص من خلال خدمة "استفسر" بإدخال الرقم الموحد على موقع دائرة القضاء على الإنترنت، أم أن هذه الخدمة غير فعالة؟ وشكراً

The liability of employee as a bank signatory

Q: I was employed with a company which ran into troubles and stopped paying salaries. I was an authorized signatory and I had endorsed cheques of a third party to a local bank as a signatory. The bank filed a legal case against me, the owner of my company and the person whose cheques they are. It has been 4 months since I resigned, cancelled my power of attorney and mentioned in the resignation to remove my names from all banks. I have moved on and looking for a new job. I have opened a case against my ex-employer for my salaries and gratuity of 7.2 years. I have also placed visa cancellation request and I found out about this case when I was moving to my father`s visa. Please advise what I can do, the cheque amount is AED 250k. I need to prove my innocence as I haven`t taken the amount nor do I have this kind of amount to pay. I am innocent in simple words. I was just a PA to the owner and was doing my duties while I was there.

Bounced cheque cases after defaulting on credit cards

Q: Hi Sir, Two banks in the UAE (FAB & ADCB) filed a bounced cheque case against me on credit cards liabilities. FAB cheque amount is AED 20K & ADCB cheque amount is AED 10k. Now, I am in India and I am planning to come to the UAE next month. What action will they take? Fine or jail? Please advice asap.

رفض منح تأشيرة دخول إلى دبي لأسباب أمنية

س: السلام عليكم أنا موظف موظف بشركة في لبنان وطلبت مني أن أذهب إلى دبي للتمرين مدة يومين ورفضت الفيزا لأسباب أمنية!!!!!!