Questions & Answers - Legal Advice Middle East

Can period of working without work permit be claimed by an employee in the court?

Q: Aslamulaikum, I have a query, I am on my husband`s sponsorship and was working in Dubai with one company. I joined in May 2016. Employer made me sign the employment contract in May itself but did not make the labour card. So I worked with only that contract until finally after chasing the employer made the labor card in October 2016. I worked that 4 months without the work permit. Now as they terminated my employment in March and did not give any right to me I have filed a case in the court against them. I want to know is it legal if I submit my May Contract in the court as my starting date of work. Will it cause trouble for me? Because I want to fight the injustice that happened to me. Please help. Thank you.

How can I know if there is any travel ban under my name?

Q: How can I know if there is any travel ban under my name?

Is new landlord liable for the refund of a security deposit to the tenant?

Q: Please see the information given below and let me know who should pay this security deposit to the tenant and what will be the new landlord role here. 1. In August, 2016, I purchased a property in Gate Tower, Al Reem Island, Abu Dhabi, where the tenant stayed. 2. His contract was until Feb 2017, so instead of returning the balance amount of rental charge, I requested the previous owner to deduct that amount. 3. After signing the contract, I received the contract between the previous owner and tenant and realized that there was a deposit AED 4,750. 4. I did not know about this deposit and transferring deposit was not even mentioned in the contract. Furthermore, the deposit agreement was between previous owner and tenant. 5. Now, the tenant wants to receive the deposit. Please let me know whether I as a new landlord have to return this deposit or the tenant has to collect the deposit from the previous owner since they made an agreement of deposit.

How to remove UAE immigration ban

Q: I have immigration ban in the UAE. I want to solve this problem. Can you advise how can I do that?

How do I know if someone is blacklisted or banned in the UAE?

Q: How do I know if someone is blacklisted or banned in the UAE?

Travel ban - checking procedure

Q: Sir, I would like to know if there is any issue for travelling, how can I check the travel ban?

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Am I banned from travelling if there is an opened case against me?

Q: I am a UAE national. I`ve been travelling for the last 1 year. Now they have called me from Dubai court that I have a case. Does this mean I am now banned from travelling? Thanks.

Can landlord retain the rent in case of early tenancy termination by the tenant?

Q: Good day, I have given a cheque amounting to the full rent value for 1 year as per my landlord`s requirement. I just renewed my contract for the 2nd time, however, I am requesting for an early termination due to the transfer of my work location. But the landlord says I cannot refund the remaining rent amount even after 2-months notice which is about 7 months and the amount is more or less AED29,000+.

How to check if you are blacklisted or have a travel ban

Q: Good Day, Dear Sir/Madam, How to check for Indian passport holder if I have any blacklist or travel ban? Please help me.....

Liability of hotel for personal injury of a guest

Q: Having just returned from a family holiday in Dubai, I need some advice on how to deal with an incident involving the hotel where stayed and my 7-year-old daughter being injured by the neglect from staff at the water park located within the hotel grounds. My daughter has suffered 2 fractures to the nose. Any assistance would be much appreciated. Kind Regards, Mr N Patel

Validity of non-competition clause in Bahrain

Q: Are non-competition clauses legal in Bahrain? As in a document that forbids an employee from working for a direct competitor for a specified period of time after resigning? Especially, if an employee signs such a clause as an additional document, which is not included nor referred to in the employment contract - is it still legally binding?

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Revocation of share transfer agreement by one of the shareholders

Q: I hold a 25% stake in a Free Zone company in Dubai, with my business partner holding a 75% share and therefore being the majority shareholder. In April 2017, there was an agreement between myself and my partner, in which he agreed to transfer all of his shares to me. Upon this agreement, we both signed and stamped a request for transfer of shares document as well as a shareholders resolution. These documents were then submitted to the Free Zone Authority but then were subsequently withdrawn without my knowledge. As far as I was aware the documents were still being processed and I only found out about the withdrawal of the documents when I followed up with the Free Zone Authority. The Free Zone Authority has since acknowledged that they should not have returned the documents and are trying to mediate between myself and my business partner to submit the documents again but he is refusing to do so. I want to know what legal action I can take against my partner for his actions.

Protection of investment in LLC business

Q: I did partnership in LLC business with one Indian last year. Recently I asked him to return my investment as he was not giving any reward of my investment. He agreed to return it. But now he is absconding because he owes some amount to an old partner who filed a police case against him. What should I do now to protect my investment or to avoid further loss? My 2nd question is: which percentage of shares will apply in case of loss? Trade license shows 15% my shares.

Negotiating with banks in respect of outstanding dues

Q: Hello. I owe a bank here in the UAE a credit card debt amount. Due to circumstances (losing my main source of income, having other financial burdens, including monthly medical bills for cancer treatment & medications etc., and I don`t have health insurance), I haven`t been able to pay back on time since over a year ago. Hence, that amount has since accumulated from a small figure to a relatively big one (currently at around AED 70,000). I have received an email recently from some "credit collection" agency, saying that if I don`t pay back next month, they`ll put a travel ban on me and file a civil case. However, it is impossible for me to pay this amount at this time. I am currently making "some" income (not as close as I used to before, but still), and have the intention to resolve this issue. Is there any way to reach a settlement with the bank (maybe to waive part of the amount or the interest), break down the monthly installments to smaller amounts, or any other solution you would suggest? Many thanks.

Redundancy and constructive dismissal

Q: Hello there, I have been informed by my employer for 34 months, that my position is no longer required in our Dubai free zone office. I was employed in 2014 to take up a Dubai-based position and I was informed that I would be taking over a Middle East Director in two years. They have asked that I relocate to the UK in 3 months to take up the same position, they have given me 1 week to accept this offer. Given that there is no mobility clause in my employment contract and offer letter, would I be within my right to refuse this offer on the grounds that it is unreasonable as we now know that it would take us (a family of 4 with 2 children) longer than 3 months to plan and move the family back to the UK? What rights do I have if my employer were to make my position redundant, would I have grounds to sue for constructive dismissal as my performance has never been in question?

Authorisation for equity crowdfunding in DIFC

Q: What are the regulations of authorizing an equity crowdfunding platform in the UK? and in Dubai DIFC?