UAE Legal Resources - Legal Advice Middle East

Where to get the link for court hearing?

Q: Dear Sir/Madam, I am new to Dubai courts and tomorrow is my first hearing. I have signed up for the Dubai court page and have already linked it to my email. My question is, where can I get the link for the hearing? Should I receive it via email? Also, have they informed my previous employer about the first hearing?

Are employers obligated to issue NOCs to employees for travel purposes?

Q: Dear Sir/Madam, I want to visit other countries for tourism purposes. I have completed 11 months with my parent company and require a No Objection Certificate (NOC) from the company for my visa application. Is the company obligated to give me an NOC as per the law? If the company refuses to issue an NOC, what options do I have? Please help!

المطالبة بالراتب رغم عدم وجود عقد

س: السلام عليكم، عملت في منشأة خاصة لمدة شهر بدون تصريح عمل حيث تهربت المنشأة من أي إجراء قانوني كإصدار تصريح عمل أو عقد ثم تخلوا عني بعد شهر. الآن أريد المطالبة براتبي عن طريق النيابة العامة. هل يترتب عليّ أي عقوبات؟ كنت أطلب من صاحب العمل إصدار عمل عقد أو تصريح عمل شفهيًا ولكنه كان يتهرب.

How to know the reason for rejecting the police clearance certificate?

Q: In case of police clearance certificate rejection, do the police give a reason for rejection?

Termination notice while on sick leave: When does the notice period begin?

Q: Hi, If an employee takes a sick leave for a day and is then on holiday for four days, but was served a termination notice on the day of the sick leave, what would be the start date of the notice period?

The exhaust of a nearby restaurant enters the villa. What to do?

Q: Hello, I recently purchased a villa at a resort compound in the UAE. The exhaust fumes smell from the compound restaurant reaching my backyard can be too much at times especially, in early mornings. This smell sometimes gets inside the villa. I will approach the compound management to find a solution, but if the feedback was negative, then do you know if I have a case? Thank you for your time!

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How to check if I can come back to the UAE after being jailed and deported?

Q: I have a UAE lifetime ban because I have a NOC but immigration said this NOC does not pass to immigration and kept me in jail for 5 months then deported me. This ban was 14 years ago. Can I go to the UAE now?

ذهبت لأصرف الشيك فوجدت الحساب مغلقًا. ماذا أفعل؟

س: السلام عليكم، أملك مكتب طباعة. أتي لي شخص لأنجز له عملاً ففعلت. أعطى لي شيكًا لأنه أخذ مني مالاً أيضًا. منذ شهرين ذهبت لأصرف الشيك فوجدت الحساب مغلقًا، كما أنه حرر بلاغًا بفقدان الشيكات. ما الحل الآن؟ وكيف آخذ حقي؟ معي محادثات يعترف فيها أن لي عنده أموالاً.

How to get real estate developer to fix moisture issue in a new apartment?

Q: Dear Sir/Madam, I recently purchased a new apartment unit from a real estate developer, and the unit is brand new. The building`s completion certificate and civil defense certificate were issued in September. The handing over and snagging was completed last November. However, after receiving the apartment, I noticed that the paint was peeling off due to moisture in the walls. Since the unit is still under a 1-year warranty, I have contacted the customer service of the developer to rectify the problem. Unfortunately, the maintenance team only painted the walls and did not address the underlying issue. The problem has persisted for six months and is only getting worse. I am wondering what steps I can take with the developer to get them to fix the problem. How can I file a complaint and receive real support from the developer? Should I consider appointing a lawyer and granting them power of attorney? Is it worth the cost? Please note that I am currently residing in KSA and do not have a residence permit in the UAE.

What law was in use for non-Muslim marriage before issuing the new law of civil marriage?

Q: Does anyone know what Federal Law was in use for non-Muslim marriage registration in the UAE before the new law of civil marriage was implemented in February 2023? Perhaps there is a Federal Decree that authorized churches and worship places to register marriages in the UAE? I am looking for the official document.

Is it sufficient to add a clause in the tenancy contract and send a notice to evict the tenant?

Q: I have inserted a clause in the rent contract being the landlord that the tenant will vacate and hand back the apartment at the end of the contract. I have also sent a written notice separately giving the tenant one year’s notice personally which he has acknowledged. Is this sufficient to ensure that I will get my apartment at the end of the tenure as I want to sell it?

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Global procreative tourism marketplace: Legality for Dubai-based companies

Q: Dear Sir/Madam, Can a Dubai-based company legally offer a marketplace (website) for procreative tourism, such as in vitro fertilization and surrogacy, where fertility clinics and agencies from different countries can list themselves for visitors from around the world? The Dubai company would connect patients and clinics globally and charge a fee from clinics, either per lead or as a revenue share.

What should we do if our resigned employee claimed unused air tickets in court?

Q: Hi, Our resigned employee filed a labor complaint in MOHRE to claim unused air tickets amount. As it was not amicably settled, labor transferred the same to the court. But till now we didn`t get any intimation from the court as maybe the employee didn`t register the complaint. So what will be the next step taken by the company? If we transfer the gratuity amount to the employee`s account, then can he approach the court again regarding the unused air ticket claim? Please advise.

My uncle passed away in the UAE and we made a POA from the heir in India. What's next?

Q: Asking on behalf of my uncle`s family who recently died at his workplace in the UAE. The company PRO told me that we need to prepare a Power of Attorney in order to get the following: 1. Death compensation (Diya/blood money) 2. Gratuity 3. Pending Salary + Any outstanding payments 4. All other financial + legal documents We have prepared the Power of Attorney in India and the following has been done from our side: 1. Sign the power of attorney before a notary public in India 2. Ministry of foreign affairs Attestation in India 3. Certified by the UAE Embassy/Consulate in India Now, my main question is what has to be done with this Power of Attorney in the UAE now? Is there a standard process?

The law does not protect fraudsters

The UAE Penal Code, like all other laws, addresses the crime of fraud in Article 399 of the UAE Federal Penal Code, which stipulates that whoever seizes, for himself or another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender shall be punished by imprisonment or fine.

Deportation due to a misdemeanor: what is the process?

Q: Dear Sir/Madam, My friend is facing deportation due to a minor criminal case, specifically a misdemeanor resulting in a one-month jail sentence and deportation. Can you explain the deportation process and how long it will take? Does he need to have his passport with him? Is he required to pay for his ticket? Additionally, can he travel to a country outside of the Middle East? I hope you can provide answers to these questions. Also, is there an option for him to make an appeal after the public prosecution has denied his online request for an appeal six times?

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