Questions & Answers - Legal Advice Middle East

The UAE ban: types, terms and exemptions

Q: I was working with a company in Dubai. As I got termination with the company I was trying for another job. Unfortunately, I had debts for the credit card and the bank filed case against me. My friends told me that I will get only a few months punishment if I surrender to the police. In addition, I don`t want to pay back to the bank. I surrendered there to the police and they took me to the court. The court sentenced me a month and they released after that, then the police took me to the immigration jail as they informed me that my company put my name on the absconding list. I was there at the immigration jail till I arranged my ticket, and they deported me to my country upon arranging the ticket with a lifetime ban from entry to the UAE. How can I lift my lifetime ban as it wasn`t my mistake? Please reply.

Legal proceedings for a bounced cheque issued by the employer

Q: Dear Sir/ Madam, I would like to have an advice about a bounced cheque. I got a cheque against my pending salary from the company where I used to work before in Dubai. However, the cheque bounced and I filed a complaint at the police station. I was expecting a reply from the police station, as per my knowledge. Yesterday, the company owner called me and said that the police had arrested him and he has paid the fine, so the case is dismissed. I would like to know if I need to file a civil case now or I have to wait till I get a reply from the police in order to recover my money. For the civil case, where and how can I file the complaint? Thanks & regards

Leaving the UAE for emergency while facing cases to pay debts

Q: I lost my job a few months back and have not been able to find a job ever since. Due to no salary, I haven`t been able to pay my liabilities and I currently have 3 legal cases against me. I need to undergo a surgery and I cannot afford to do it here. I would need to visit my home country for the same. If you can, please advise me on the procedure so I can do the same. Thank you

Legal consequences of resignation in a limited labour contract

Q: Good day, My situation is that I submitted my resignation last October 5 effectivity same day, in hard copy. I also emailed it to my manager and sent it on WhatsApp to my boss and manager. They saw my resignation in WhatsApp but my manager doesn`t accept my hard copy because he said that he doesn’t want to have problems. So, I messaged my boss through WhatsApp and he doesn`t seem to care about it. They told me that I have to pay the visa cost before they give me my passport. I talked to the Labor Department and they said I should only pay my employer 45 days of my salary, and I am willing to pay the 45-day salary for resignation but my boss is asking to for the visa cost also. He said he knows his rights and I must pay more than just the 45 days salary. Please help me, I don`t know what to do. I need to get back urgently to the Philippines.

Working on a visit visa and holding of passport

Q: Hello Sir, A friend of mine was offered a job in Dubai on a visit visa, and he is working at the company for almost past 4 months on the same visa. Last month, his visit visa was expired and overstayed. The company had cleared his overstay and has issued him yet another visit visa for a month. Now, whenever he asks the HR for work visa status, he is not getting a proper reply. My friend says he does not want to continue, but the company has the passport and they are not giving him the passport. He knows that working on a visit visa is illegal in the UAE, and he wants to quit. What are his options? Should he contact the labour department or MOL? Will he be deported, fined and/ or jailed?

Civil proceedings following a criminal case for bounced cheques

Q: Hello, My father had a criminal case for bounced cheques. He has previously paid a part of the amount but failed to pay the full amount as his company faced losses and closed. He`s now facing a jail time of 2 years. Now, the same person is filing a civil case. Could you please tell me how would this end? Thank you very much. (Please do keep in my mind he signed personal cheques).

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How to preserve your rights upon resignation for salary delay

Q: My salary is delayed for 3 months. Now, I want to resign due to this reason. I am wondering if the employer is allowed to deduct anything from my salary upon leaving due to this reason. Thank you.

Claiming accumulated annual leave days upon termination

Q: My employment was terminated with a proper 30-day notice by the company. I have worked 3 years 7 months and 10 days. I took 8 days per year annual leave instead of 30. Now that I am leaving, I wish to be reimbursed the unused leave. How many days unused leave can I claim according to the law?

The basis of the end of service gratuity payment

Q: Dear Sir/Mam, What is the labour law reference for basic salary as base computation for EOSB? We applied a fixed monthly wage before. Is that a problem? Thanks in advance.

Employee obligations in a conflict of interest situation

Q: Hi, I am working for a ship management company in Saif Zone, Sharjah. My wife has her own marine certification company. If I am using my wife company as a service provider in my ship management company, and later on my employer came to know that this my wife`s company, is it considered a conflict of interest or any unlawful act.

Can a free zone company open its branch in another free zone?

Q: I`m a partner in a UAE free zone company with telecommunications trade license. Can I open my 100% ownership firm with the same telecommunications trade license in another free zone in the UAE? Kindly advise. If not, then what is the way out? Thank you

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Destiny of the customer's cheques issued before the closure of a company

Q: I wrote out post-dated cheques to a removal company. This company has now been closed by the DED, and their license expired in July 2017. This has not been renewed and it has all been confirmed by the DED. I cannot get my cheques back from them as there is no one to contact. I am afraid however that they are still going to try and encash the cheques, which have been made out to the company and not an individual. What do I do please? Dubai Police referred me to Dubai Court but I have not been successful with either of them.

Verification of a work permit serial number

Q: Hello Sir. I received a work permit from a contractor. In that work permit, the transaction number looks like INxxxxxxxxxAE. It contains 14 digits. How to verify whether it is real or fake?

Wrongfully accused of harassment and losing EoS gratuity

Q: Hi, I need advice. I have been working for the last 30 years, and the last 10 years were with one company. I have received termination stating harassment while requesting for a face to face check with the people, facts were not disclosed. Now, they have informed me that they`ll detain my gratuity amount which I feel I deserve. Harassment case - it was a complaint raised by few colleagues stating improper touching, which was not the actual case. Hence, received a termination for the same. Never given a chance to speak. However, I have not been such a person and have not done such a thing in overall 30 years of service. Now, gratuity has been held considering the harassment clause.

Am I liable for the mobile service contract signed by my friend who used my ID?

Q: My friend used my civil ID to order a mobile phone from a mobile company. It is payable for six months. She paid 2 months but the mobile got broken and she asked replacement from the company. The company took the phone but did not give any replacement thus my friend did not pay her outstanding balance. Now they are calling me asking me to pay the balance and penalty. Why am I going to pay penalty and balance where in fact the mobile is in their possession? Am I getting sued for letting my friend use my ID? Note that I didn`t sign any papers from the company. They are threatening me that if I will not pay they will send police to arrest me.

Can my employer prevent me from getting a new job in UAE by imposing travel ban?

Q: Dear Sir, Currently, I am working as a production supervisor in Kuwait and recently I have resigned from my job. The reason was - I got a better offer from the UAE. My current employer tried to convince me to stay here but I refused for some reasons. Now he is threatening me like "You can`t move to UAE because I am going to ban your UAE travel". Please advise me, is it possible to ban my UAE travel without any valid reason? If they made any reason what would that be?