Questions & Answers - Legal Advice Middle East

Obtaining new employment visa while a labour case is pending

Q: Hello, I filed a case against my former employers as they have terminated me without paying my end of service settlement. How can I get another company to grant me its visa? I have understood that I will have to sign the form stating all dues have been paid before they cancel the visa.

Contract termination of an employee accused of theft

Q: Hi. My name is John and I`m working in a retail store for 8 years. My company is accusing me of stealing a CD game for AED 269, and they want to terminate me. What are my rights with the company? Please advise me.

Salary non-payment of an employee for not reaching the target

Q: Hi. I am working in a company, and they are not paying my salary as they have set a target now. However, at the time of hiring and signing the contract, no condition like that was mentioned. please help me.

Blocking the visa quota of a company due to sponsorship overstay

Q: We are a tourism company. We entered into an agreement with another company to issue them visas. They used all our quota and none of the sponsored people is leaving after the expiry of their stay. Now, we cannot find the person in charge. Their phone numbers are not going through, and they are not replying to their WhatsApp. We have copies of the agreement, company`s trade licence and Emirates ID of the person. Can we file a breach of trust case or what can we do in this situation? Thank you.

Is there a legal way to avoid imprisonment if the court passed a sentence upon me?

Q: Hi , I left UAE during the financial crisis 2009 because I got laid back by my employer and I could not pay back my bank loan. The bank collection agents contacted me few times but I couldn`t reach an agreement with them as I am facing financial difficulties as a single parent for 2 kids currently not working. l want to go back to UAE for a job offer. A friend checked for me with Immigration and Court. They found that there is a judgement in absentia of 6 months under my name and case filed requesting the amount of the loan plus the interest which I can not afford paying a single portion of it. Is there a legal solution to sort this out due to 9 years passed since I left the UAE? So I can get a job offer and support my kids and if my financial situation improves in the future I will try to settle the loan. This 6-month absentia imprisonment was issued 6 months ago.

Is it legal if a real estate agent takes his commission share directly from a client?

Q: Hi, I was working in a Real Estate company as an agent. Last deal I closed with common commission 22,000 AED. By contract 50% - to me, 50% - to the company. Next day I found a spelling mistake in the name of the company on the cheque and I went to change it. I received from my company Invoice for 11,000 AED (it`s their commission 50%) so I broke that cheque on two cheques 50/50%. Company commission - 11,000 AED, another 11,000 AED the buyer made on my name (my commission). Then the company gave me a receipt for their commission. Also, during 14 months I did not receive my salary. My boss did not cancel my visa. I left to Russia after 2 weeks and my boss after 1 month opened a police case against me that I stole 22,000 AED. I have all copies of papers and cheques. Please help me with your advice. I have in Dubai family, sister, my dog and car. And now I can not come back to Dubai because my boss wants me to pay 22,000 AED and get deported. He got his commission but he lied to police that he did not. Police cannot reach me because my UAE SIM-card is not working in Russia. What to do??

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Good conduct certificate as a way to check online whether you're blacklisted in UAE

Q: Hi there. I had a debt in Dubai but last week I paid the full amount. As a result, they gave me a clearance letter to confirm the payment. With the debt solved so I`m allowed to fly to Dubai again. To be honest I don`t know if the bank opened a police case against me but I suppose yes because I had a debt, correct? So now that I paid everything, can I enter in Dubai again? Thanks

Labour complaint against an employee for settlement of dues upon resignation

Q: Hi, We have an employee who has resigned and completed the notice period. We want to settle his dues however he disagrees on certain deductibles such as excess Etisalat bills made due to personal calls (international hometown), damages undergone to the vehicle and petty cash collection without authorized approvals. We have approached him and asked for clarification but he disagrees on any deductibles. Despite having evidence on clear information and asset tracking he denies on all deductibles. He has raised a labour complaint on us for settlement of dues. Need advice. He hasn’t now approached Labour Department and despite that we have discussed but he doesn’t seem to mutually settle. Since there isn’t anything in writing with Labour we have approached ministry to complain against him also. This is advice given by Labour Department.

How to retrieve your passport from the employer if you are in labour dispute

Q: I need some help. I was working in a salon since January 2016 (Sharjah visa and a limited contract). I`ve been working there for 1 year and 10 months. This October 9, 2017, my employer cancelled me without giving my all dues: gratuity, annual leave and even my salary for this month. In May of this year my passport expired, I talked to my employer since April that I want to renew my passport but she said `No`. On October 19, I filed a case against my employer for retrieving my passport and getting my salary. Last Wednesday we meet in Labour Department and my employer said she will give the passport on November 8, which is the same date when my visa expired. I`m just scared of what will happen if I overstay here.

Which date is considered as a starting date of employment?

Q: Hello, I joined a company in March and worked for one month on a visit visa. Later I exited the UAE and came back on April by employment permit. My visa was processed in the month of June and the date of residence visa as stamped is June 18. I want to know, which period will be calculated for my probation confirmation? Will it be April or June or March itself? Moreover, if I am to resign now, will I face an employment ban? I am ready to serve the notice period for 45 days but will I get paid for the same period? If the company is relieving me of my notice period by reducing days, do I have to pay money to the company? Please suggest me a solution as I`m looking for a job change. Thank you

Do I have a ban if I've resigned before my visa was stamped in the passport?

Q: I resigned during the probation period. My employment visa was not stamped on my passport, I did no medical and didn`t receive Emirates ID. Then, when I tried to get UAE tourist visa, the agency told me that I`m blacklisted and my visa rejected. My contract before was an unlimited contract.

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Drafting a contract between three parties for a mobile application development

Q: I am looking to draft a contract between three parties for a mobile application development that includes profit sharing for all three parties involved. One party is a registered RAK Free Zone, and the other two parties are Saudi nationals. I would need costing too, remember, this is a startup so capital is very limited

Is it mandatory to appear in court when you are summoned?

Q: I have a bank case of AED 64000 for which I was caught from Airport upon my return from vacation on Oct 3rd. I was detained in Naif police station and next day they gave me bail by keeping my passport. Now I have received a summons from court to appear before the prosecutor on Nov 5th. I`m really afraid if they will put me in jail again. I also didn`t go for negotiation with the bank as many of my friends advised me that there is no need for that as I will have to pay only a fine of AED 2000 for this. Is it true? I feel very worried as the day is approaching. Please help urgently.

3 types of UAE ban: labour, permanent, immigration

Q: How many years I have to wait to lift my UAE ban?

How to cancel my visa if my employer does not sign cancellation papers?

Q: Dear Sir/Madam, I have been working as a Civil Engineer in a Dubai-based construction company since 2003 with an unlimited contract. Due to financial issues, the company has decided not to renew its license and is closing down, but they have the dues that have to be paid to the local sponsor and he is not signing the cancellation papers. Please advise how I can get my visa canceled.

How can I check if an employment offer is genuine or scam?

Q: Hello, Would anyone advise, I have got an employment offer letter from a Dubai based company named `Global Shipping and Maritime Company`. They refer me to a travel agency. Now they want money - 1750$. How can I check if it is fake or real?