Questions & Answers - Legal Advice Middle East

What is the fastest way to lift a travel ban?

Q: I paid the fine for cheque bounce of 10,000 and got released. Now the creditor has put the travel ban on me, however, there is no arrest warrant as I got it checked. Now I want to travel to my home country for Eid, I want to pay the outstanding amount. 1. My question is can I pay the amount at the airport while I leave? 2. or Can I pay at the court and get the travel ban lifted on the same day so that I can travel. The creditor who has put the travel ban on me is out of the country for a month. I need a lawyer to assist me urgently as I want to travel before Eid. Thank you.

Mobile app and possible copyright violation

Q: I have built a mobile app which aggregates purchased songs from different streaming service providers (SoundCloud, Spotify, iTunes, etc) and places them in a universal playlist for the user to create new playlists of songs from the different providers. Would I be violating copyrights in what I`m doing? Husam Yaghi

Interpretation of the early termination clause in a tenancy contract

Q: Hi, We just received our eviction notice from our Landlord for next summer 2018. We, however, would prefer exiting earlier. In our current lease contract, we have the following clause: "The Parties agree that there may be instances where the tenant shall need to terminate the lease early. In this event, and in accordance with the current guidelines, the tenant must provide the landlord with a written 2 months of notice. The landlord agrees to refund any outstanding rental amount." Kindly can you confirm the below: This means that we still get to stay in the house for the 2 month notice period and there is no penalty charge. The date on the letter is the 1st day of the 2 month notice period (notice given 23.08.2017, out by 22.10.2017). Do we need the written notice to be notarized or does an emailed letter suffice? Thank you very much and best regards, S.W

How to get UAE employment visa after being deported

Q: Hi Sir, My name is Farrukh and my passport number AF8446812, I am from Pakistan. I was working for the last 5 years in Dubai tourist company. Last year CID deported me because of somebody`s complaint. How can I come back and work again in a tourist company? Please help me. Thanks.

How the change of company name affects its contracts?

Q: If a company changes its name under the same license, does it need to amend all the contracts entered?

How much does travel ban check cost?

Q: How much do I pay if I want to know if I have a travel ban?

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Recalculation of end of service benefits

Q: I joined the company in April 2000 and now I am leaving the company. Just to let you know that in 2009 the company had given every employee their end of service benefits and made everyone sign one paper. My question is that during that time my basic salary was less but now it has increased. As per now, it looks like the company will only pay the end of service benefits from 2009 till date. I want to know if I am eligible to get the increased differences of my basic salary from 2000 to 2009 additionally. Thank you

Refund of DLD registration fees in case of cancellation of SPA

Q: I bought an off-plan property. After completion, I found out that the property didn`t correspond of what I have signed in the SPA. I withdrew from the contract. The legal consultant of the company claims that I`m not entitled to have back my 4% which I have paid to DLD. As I never became in possession of my property I am wondering if I can claim back my 4% which I have already paid due to the fact that the property under my name needs to be deregistered? Thanks in advance for your help. Best regards

Photography copyrights

Q: Dear Sir, I am a professional photographer. I want to get my photographs protected worldwide. How is it possible? And what all documents are needed? Many thanks

Can I quit the job if I didn't sign any documents yet?

Q: Hello, My question is: I went for a job interview in Dubai based very small company. They gave me an offer only verbally (no offer letter, no signed contract), I accepted. I worked for 2 days only because I did not like the job. I have also given my passport copy (only 1st page) and my visit visa copy. Now company owner says my visa is under process. Can I leave this job now? Can I go back to my country?

Amendments to the Law No. (23) of 1991 On the Regulation of the Legal Profession

Q: I have read somewhere that Federal Law No.23 (1991) regulating the legal profession has been superseded by Federal Law No.3 (2012) regulating the legal profession and Decree 666 (2015) regulating the legal profession. However, I cannot find these newer laws on this website. Would a knowledgeable lawyer confirm this and explain how the articles covering conflict of interest between lawyer and client have changed? In particular how article 40 of Fed Law No.23 (1991) has been amended.

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What to do if your employer forces you to sign the agreement

Q: The employer says if you do not sign the Agreement you will not receive your entitlement. What law does this violate? *This is used so the employer can force an employee to sign.

Questions regarding Qatar labour law

Q: Do you know Qatar labor law? I want to know about the exact laws numbers and articles. If quitclaim agreements or Employee Waiver Agreements are not legal in Qatar, what law does this violate? *Employee Waiver is used so the employer can waive entitlement of employees. When Check/ Cash Voucher Waiver Agreement is not legal in Qatar, what law does it violate? *Check/ Cash Voucher Waiver is used so the employer does not go through the WPS. The employer says if you do not sign the Agreement you will not receive your entitlement. What law does this violate? *This is used so the employer can force an employee to sign. When Employees sign the employee waiver agreements and the employer did not pay. In the Court the employer says: look, I paid. What can employees do to prove that the employer did not pay? *This is used by some employers that can use some Courts to overlook the law and say the document will suffice to close the case.

Can your bank loan affect your end of service benefits?

Q: If you are fired from your job of 10 years and you have a loan, what will happen with UAE law? Can you lose your end of service benefits?

Termination of tenancy because of noisy neighbours

Q: Hi Lawyers, I badly need some help with regards to my tenancy contract in Sharjah. Basically, I am staying in my current apartment for almost a year now (I just renewed last June 2017 for my 2nd year contract). However, recently there was a new tenant who moved into the same floor with us (just a few units away from my unit). To cut the story short their kids are making noise on our floor. I have reported the issue to the building management which they took action, however, after few months the kids are starting to make noises again which really are affecting our privacy. Now, I have finally decided to cancel my contract with the company and I was hoping I can do it in a legal way. Will I get a penalty for doing this? Also, will I be able to take back my post dated check with them? I was thinking maybe moving to a new unit (1 bedroom) in the same building or whatever the company can offer. Thank you in advance.

Labour complaint and liability of the employer

Q: My husband filed a labor complaint in court and the demand was 200,000 AED including the delayed salary (6months)+gratuity+reimbursement claim for medical insurance under company + immigration fine due to the failure of renewing his visa. The court judgment is only 46,000 and his salary as per contract is 9,000 while the current salary where most of the delays were made is 12,000 AED. What is the basis of judgement in your opinion? Did they base it on BASIC SALARY for the delayed + gratuity? Do we need to appeal against the court decision, because we are afraid that we might lose even this money as we cannot afford to hire a lawyer? Moreover, we paid the immigration fine of 10,000 AED from our pocket as they said it has nothing to do with the case. Can you please enlighten because of what his company did to us lead us to lending money and we are expecting at least to get the 6 months full salary + gratuity and the fines that we pay for overstay due to this company.