Self-help
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UAE
Partners in conflict: Legal implications of unpaid loans in a civil company
Q: Dear Sir/Madam, Effect of company manager issuing company check that bounces My civil company has two partners. Each partner is also the manager. The company took a loan of 260,000 AED from a friend. I want to return the loan but my other partner does not want to pay. What will happen if I issue cheques from the company account, they bounce, and the other party starts a cheque enforcement case against the company? Then each partner will pay the debt in the ratio of their shares. Will I be jailed or have to pay a fine due to signing a company cheque that bounced? My alternate method is to issue an acknowledgment and the creditor does Amr al Arida "performance order" case, but I want to reduce court costs. Questions & Answers
UAE
Which one prevails in case of conflict, RERA Rental Index or DLD Valuation Certificate?
Q: Dear All, My rent renewal is due in April 2023 and currently paying AED 143000. The RERA Rental Index calculation shows an increase of 10%. The landlord sent a letter (90 days prior) along with a DLD valuation certificate attached stating that the rent will be increased to AED 220,000 (a 50%+ increase) based on the assessment of the property. Are there any options available to be able to contest this sizeable increase? (RDC will state that the landlord can use the valuation certificate to increase the rent now). Many thanks for your help. Questions & Answers
UAE
How can I get refund of properties I purchased if the project is canceled?
Q: I invested in a real estate project in Dubai Silicon Oasis, back in 2007. I had paid in full for my 3 units and have been waiting for the delivery of these units for over a decade now. I have tried to contact the developer but it has been of no use. It seems like the developer doesn`t exist anymore. Recently, I have been informed that the project is canceled, as per the RERA website, and some clients have been getting full refunds from Dubai`s Government. I would like to know the procedure and the best option as to how I can proceed. Once again, thank you very much for your assistance. Questions & Answers
UAE
ماذا يترتب على الزوج في حالة الطلاق إذا كانت الزوجة غير موافقة؟
س: السلام عليكم، أنا متزوج منذ ١٠ سنوات تقريبًا (عقدنا ولكنها سكنت معي وتعاشرنا لست سنوات تقريبًا). لا يوجد أطفال، ولأنها تعاني من مشكلة التشنج المهبلي، تراكمت المشاكل بيننا ووصلت لحل وحيد وهو الطلاق، طلاق من جانب واحد؛ فهي ترفض الطلاق. ما المترتبات المالية التي سأتحملها في حالة اتباع الإجراءات في الإمارات؟ وهل بإمكاني تطليقها في بلدي الأصلي؟ مع العلم أنها مقيمة في الإمارات وتعمل بدوام سبعة آلاف درهم شهريًا. Questions & Answers
UAE
كيفية فرز وتجنيب ممتلكات مورث
س: السلام عليكم، تُوفِّي ابني وأنا أمه، له ولدان قُصّر وزوجة. كان يقطن في شقة له بالعمارة ملكنا وله أملاك أخرى وفيلا شاليه عليها أقساط عالية وشقة مساحتها ٤٦٥ متر بالعفش كاملة لم تُسكَن والعفش مُغلف وتقدر بمبلغ أكثر من ٧ مليون وأرض بالريف الأوروبي. أريد عمل فرز وتجنيب للشركة. علمًا بأنني أدفع له إيجار مخازن خاصة به لتوقُّف نشاطه بعد الوفاة، وله سيارتين إحداهما حديثة لم تعمل. Questions & Answers
UAE
Forced to pay visa cost and terminated for another's mistake. What to do?
Q: Dear Sir/Madam, I am working in a company on probation for 2 months. Due to a mistake done by the former employee who worked in my position, the employer gave me a termination letter with 30 days` notice without considering my explanation. Also, the prior employee came to train me for these two months and his payment was deducted from my salary. The employer asked me to pay more than 6000 AED as visa cost from this month`s & next month`s salary. As per the contract letter I signed with him, there is a clause as I have to bare the cost of employment (visa related) if terminated on probation. Kindly help on this since I have to work without payment till my last working day even though it is not a voluntary resignation but an unfair termination. Questions & Answers
UAE
I have a job offer letter from a logistics company in Dubai. Is it genuine or fake?
Q: Sir, I have a job offer letter from a logistics company in Dubai. Is it genuine or fake? Questions & Answers
UAE
Can I legally receive a commission for trading as a broker in the UAE?
Q: I am working as a broker between the trade happening in other countries, e.g. a trade happening between Spain and India. Can I legally receive a commission for these trade operations in the UAE? If yes, what should I do? Do I need to open a license? Questions & Answers
UAE
False promises and hidden defects: Can you sue Dubai's top used car dealer?
Q: Dear Sir/Madam, I purchased a car from Dubai`s largest second-hand dealership with full faith in their claim, on their website, that all cars on sale are thoroughly inspected and free from any material defects. Eleven months later, I decided to sell the car privately and received a matching offer. However, I was unable to sell it despite passing the RTA test because I discovered that the car had undergone chassis repair, with evidence that such repairs took place before the car was sold to me. The dealership must have been fully aware of these defects when they completed the RTA registration on my behalf. I had no doubt that the car was defective as its VIN number did not return any history of accidents. I feel extremely disappointed and let down because the car is now worth 50k less. Could you please advise me on my legal options? Am I in a position to sue them for compensation? Questions & Answers
UAE
How long can the employee stay in the country after resignation to find another job?
Q: Hi, An employee resigns during the probation period in the private sector of education, and the two weeks notice period has been served. 1. How long can the employee remain in the country to find another job? Does the employee need to leave the country for three months and then return? 2. Can the employee change the visa status to tourist with a border run and stay in the UAE to find a job? Thank you Questions & Answers
UAE
Do I need to give a new eviction notice to the tenant after purchasing an apartment?
Q: Hello, I am about to buy a rented apartment in Dubai. The current owner issued an eviction notice to the tenant around 9 months ago, giving them 12 months to leave the property. The reason mentioned in the notice is to sell the apartment. If I buy the apartment now, does the eviction notice transfer to me and the tenant will be forced to leave on the same date? Or do I need to issue another eviction notice to the tenant, giving them another 12 months to leave? Thanks! J. Q. Questions & Answers
UAE
Can the ex-employer post a warning about you in newspaper after one year of leaving?
Q: I was working for a company for more than 20 years and last January 2022 was my last working day. After leaving the company for more than a year, can my old company publish a notice in the newspaper now saying that I don`t work for them? There was no financial fraud or any issues while leaving the company. Questions & Answers
UAE
Can the landlord notify the tenant of his intention not to renew the contract 90 days before expiry?
Q: Dear All, Our landlord`s manager has just sent us a message via Whatsapp that they will not be renewing our current contract which expires in 90 days. I just wanted to know, does this not constitute an eviction notice which I believe needs to be sent a full year in advance, and to be sent too by registered mail? Also, in this case, does a WhatsApp message carry weight as legal notice or do they have to send it by registered mail? What other rights as a tenant do I have in this case? Questions & Answers
UAE
Is a company obligated to pay gratuity to workers based outside of the UAE?
Q: Dear Sir/Madam, We have remote workers based outside of the UAE. They abide by a contract with us, but not under the company`s visa. As per UAE labor law, are we obliged to pay gratuity to them, if nothing was specified in the offer letter or contract? Questions & Answers
UAE
I submitted my resignation and serving notice period but my employer is not accepting it
Q: Dear Honored, I`m an employee of a Hamriyah free zone company. I submitted my resignation 60 days before my actual notice period which is 60 days. But my employer is not ready to let me leave the company and even they are not responding to my mail. What is the way to move forward and get my cancellation paper? Questions & Answers
UAE