Questions & Answers - Legal Advice Middle East

Mediation as a way to resolve legal issues

Q: I am a tenant in a commercial building in Bur Dubai. My neighbor has put her medical clinic signboard on the outside wall, right outside our door, while the wall is completely within our designated area. I have spoken to the management company in the building, and they do not want to get into any complication, so they are simply avoiding and ignoring. The medical clinic patients mistake our shipping company as a clinic and enter, and because of this signboard, my office looks like a clinic from outside, and is very unprofessional for a logistics/shipping company. What should I do? I agree it is a small matter, and I`m willing to compromise and allow my neighbor to have half the wall, but right now its quite unfair on us and I want a resolution to this. Kindly advise.

Arrest in GCC countries for debts in the UAE

Q: I have 3 bank debts in UAE and they already filed the case against me. Is there any possibility that arrest will happen in any other GCC countries? Right now I am working in Qatar.

Enforcement of rental contract in case of its early termination

Q: Our tenant has requested an early termination of their contract on our property in Dubai. The agreement provides for a penalty of two months on early termination. However, the real estate agent managing the property on our behalf is unwilling to pursue this with the tenant. Further, they are refusing to give us a pro-rata refund of the management fee. How can we enforce the contract with the tenant in regards to the early termination penalty and what rights do we have to recover a proportion of the management fee?

Basis for indemnity payment calculation in Bahrain

Q: How to calculate indemnity payment? My salary is directly banked into HSBC Bahrain monthly which includes my basic pay, housing allowance and transportation. The question is if the indemnity payment calculated based on the amount banked into account or only on basic salary? I have been working with this consultancy firm since 2008 and they recently gave me termination letter (one month notice). What is my entitlement for settlement?

Eviction of tenant due to non-payment of rent

Q: Dear all, Do you have a model of eviction letter for non-payment of rent? How to notify the tenant?

Non-disclosure agreement

Q: I am in the process of setting up my consulting firm in the UAE. I will be using the services of freelancers abroad. I have few questions, I will be getting the freelancers to sign an NDA. What I am unsure about is in the NDA do I only state the following: "This letter and the relationship between the Recipient and Hedsor Advisory shall be governed by, and construed in accordance with, the laws of the United Arab Emirates and any disputes arising in connection with the letter shall be settled before Dubai Civil Courts". If an issue arises where an individual has breached the terms of the NDA and they live abroad, is the case heard in the country the individual is residing in or Dubai where the business is? Is the above wording suffice or do I also need to mention the laws and courts of the country where they reside? Is generic NDA sufficient or do I need to get a custom one drawn up? Regards, Alia

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Social allowance in Bahrain

Q: What is the social allowance that need be added to the basic salary to arrive at indemnity salary ref. article 47 of the Bahrain labor law?

Early termination of employment

Q: Dear Sir / Madam, I am working as Project Manager in a consulting firm. At the end of January, our client requested some of the firm`s PMs to be replaced, including me. In order to keep a clean record, I agreed with my company to give them my resignation for family reasons, with a 3 months notice period as per my contract. The resignation was given on 20 January and the last working day would be 20 April. Last Thursday (9 Feb), my company requested an earlier termination, in order my replacement to arrive at work. I accepted their request and when I went to the head office, I was informed that they are not willing to compensate me for the rest of my notice period, until 20 April. Since the amount is equivalent to salaries of 2 months and 10 days, I seek your legal advice on how to deal with that. Best Regards

Setting up contracting firm in Dubai

Q: I`m interested in starting a contracting firm (B class or C class contractor) in Dubai. What will be the approximate cost for the same and what documents do I need to proceed?

Visa and offer letter

Q: Hello, my friend works at the clinic. Her employer (doctor of the clinic) sent her offer, and she signed it, but she never signed the agreement. The initial deal was that she gets a visa then license for beauty therapist. The doctor was forcing her to do procedures without the license, on top sexually harassed her by touching and sending some texts over whatsapp. She wants to quit the job as she is under stress and not willing to work in that environment. Now the doctor says she has to cover all costs for visa etc. Is there a way to avoid that? What are her rights and what she has to do? Pls advise.

Setting up a tourist business in Dubai

Q: Hello! What are the requirements, government expenses and lawyer fees for a foreigner to open a company in Dubai (and alternatively in one of the free zones)? Are there any special licensing issues/expenses that we need to be made aware of if the main activity of the company is Tourism?

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Recovery of end of service benefits

Q: I worked for a DIFC company for a year. The company went into liquidation and since that time (2009) I was not able to get my end of service benefits (AED 60,000). I am contacting the liquidator, sending emails every now and then, but most of the time no answer or the same answer "There is no update, we are trying to sell the company assets. We will update you soon..." How can I recover that money? Please advise.

Employment visa and labour ban

Q: Hi, I was on a visit visa in Dubai in September 2016, I got a job and my employer applied for my employment visa in Oct 2016. When signing contract although I`m a real estate broker and that what is written in my offer letter as well, they put my visa under archives clerk as to avoid the cost of RERA certification. Also, the company was telling me to sell financial products which I have no experience in, so I resigned and left for India as my tourist visa was about to expire, my previous company is not ready to cancel my visa. Does this automatically put a 6 months ban on me and will it affect my ability to get a visit visa as my sister is based in Dubai? Please note that I have not entered UAE on their visa and it`s expired on 17 Dec 2016.

Early termination of limited employment contract

Q: Hi. I am employed by a DMCC company with a limited contract. I have finished 1 year 3 months to the company and decided to leave. As this is a small company wherein operated by just me and my boss, he doesn`t want to release me till we found a replacement. I am serving my 30 days notice period till 21 of this month and on process of finding a replacement (interviews ongoing). My question is if he wasn`t able to find a replacement till 21 of this month, does he have the right to force me to extend my service? He keeps on threatening me that he will file a case and make a problem for me in mediation and labour. Please help. I am willing to pay the 45 days early termination fine. I just want to leave the company. :(

Employment offer letter and work permit in the UAE

Q: Sir, I am currently in India. An offer letter was sent to me by an employer and I have signed it. Later, I came to know that this company tortures the workers and even salaries are not paid in time. I am scared. A week ago, they sent me an email asking me to sign "prerequisite for the issuance of work permit", which I have not yet responded. Will I have to face a ban if I do not sign it? Can they issue a visa for me without me signing it? Please help me.

Early termination of lease contract by the tenant

Q: Hi, I am the landlord, my tenant wants to terminate the contract but he has already paid the rental amount in advance as per the contract. Now that he wants to terminate the contract do I have to reimburse him his money or I am not obliged to legally?