UAE Legal Resources - Legal Advice Middle East

إمكانية استئناف دعوى قيمتها 20 ألف درهم

س: السلام عليكم أستاذي، أود السؤال عن إمكانية استئناف هذا الحكم: حكمت المحكمة حضوريًا بإلزام المُدَّعَى عليها بأن تؤدي للمُدَّعِي تذكرة عودة لموطنه أو قيمتها نقدًا ما لم يلتحق بخدمة صاحب عمل آخر وبالمناسب من المصاريف ورفضت ما عدا ذلك من طلبات. وما معنى "وبالمناسب من المصاريف"؟

A company forced an employee to sign a cheque as a guarantor. What to do?

Q: Dear sir/madam, My company (Dubai mainland) forcefully made me sign as a guarantor in a cheque bounce case without telling me anything. Dubai Court has issued a travel ban because of this and now I cannot travel. I am not the owner nor the signatory of the cheque. Please tell me whether the guarantor can be changed to another person. If yes, what is the procedure? And how much will it take to relieve me from this?

Can the landlord rent a villa again after evicting the tenant and failing to sell it?

Q: I am a landlord and gave notice (Notary Public) to the tenant to vacate the villa for personal use or to sell 14 months back. Now the tenant has vacated the villa two months before after completing one year of the notice period. There are three real estate agents working to sell the villa for the last two months but the price offered is less compared to my purchase price. Please let me know if I can rent the villa again since I am not able to get a buyer for the villa and keeping the villa vacant for more than two months is a loss for me. I have to pay monthly house loan EMI and it is becoming difficult to manage.

A second-hand car is found defective after purchase. What to do?

Q: Dear sir/madam, I bought a second-hand car from an Indian seller. At the time of the sale, he said that it is perfect inside and outside, and in perfect mechanical condition. The car passed an RTA inspection so we trusted him. Three days later, the car broke down while we were driving. We took the car to a mechanic and they discovered that there are 11,000 dirhams worth of mechanical failures. One of these was in the brake system with low brake fluid and pads that need to be replaced. We are upset because the man told us the car was in perfect mechanical condition and also because we could have been injured by driving a car with failing brakes. Is there anything we can do about this situation? Hope we hear from you soon!

ترك صاحب العمل والانتقال إلى آخر بسبب تأخير الراتب

س: السلام عليكم، نقلت عملي إلى مؤسسة قبل أشهر عديدة وصاحب العمل لا يلتزم بالراتب ويتأخر في الدفع وأستلم راتبي على دفعات ١٠٠ ريال و٢٠٠ ريال. حصلت على عمل أفضل وأريد أن أنتقل إليه. أفيدوني جزاكم الله خيرًا!

Illegal pressure and retention of passport by the employer

Q: Dear Sir/’adam, My two-year contract ends on June 12th, 2023. I submitted a request for marriage leave from March 1st to April 10th, with plans to return on April 11th, but management denied my request due to the contract period, even though I have 20 days of paid leave remaining. The management is now pressuring me to renew my contract and go on vacation or resign from the job in order for them to find a replacement. They are also holding my passport. Please advise!

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The refusal of evicting a property and asking for a new eviction notice

Q: Dear Lawyers, An eviction notice with the intent to sell was served by the previous owner almost 12 months ago in January 2022. The existing tenancy contract at that time expired in September 2022 and was renewed by the previous owner until the end of January 2023 (the expected eviction date according to the legal notice). I purchased the property in December 2022. Now, the tenant does not want to leave and is requesting another 12-month notice since I am the new owner, and he was told by someone at DLD that the old notice lost its validity. Please advise on what action I should take if I want to move into the property in February 2023.

Unpaid debts at a former company led to a travel ban on an employee. What to do?

Q: Dear sir/madam, When working at my previous company, during the final stages, court papers were being received from many suppliers due to unpaid debts. As I was present at the company at that time, I received such papers and a court official took a photo of my ID. Now, when I try to travel, it shows a travel ban and asks me to approach the court. I have also obtained a police clearance certificate. Is there a chance to initiate a travel ban due to the above issue? Please advise!

طريقة حساب أجر الإجازة السنوية

س: السلام عليكم ورحمة الله، نما لعلمي أنه تم تعديل قانون العمل الإماراتي. لدي سؤالان: 1. في حال أكملت سنة مع الشركة التي أعمل بها، هل يتم احتساب أجر الإجازة السنوية وفق الراتب الأساسي فقط أم من الأجر الكامل؟ 2. في حال تغيير قانون العمل وتغيير بعض البنود، هل هذه البنود تُطبق فورًا وتتغير البنود القديمة أم يبقى الحال كما هو عليه لحين الحصول على عقد عمل جديد أو تجديد عقد العمل؟

Struggling for financial support for child while the father refuses to pay

Q: Hello Mr. Khaled, I am in urgent need of help. I was divorced by the UAE courts on December 30, 2022, and my ex-husband has refused to pay alimony for my child and me. Our son is 2 years and 9 months old and since his birth, my ex has never supported us. Now that it is a court order and I lost my job last month, I am in dire need of this financial support as it is the right of my son. My ex says he will contest it, but he is just finding ways to avoid paying, as he has never done so before. I am afraid that he might flee the country. What can I do in this situation? I am unable to file an execution case as I do not have any finances. I am looking forward to a hopeful response. Thank you!

كيفية فسخ عقد إيجار لشركة مستأجرة مكتب في دبي

س: السلام عليكم، أود معرفة كيفية فسخ عقد إيجار لشركة مستأجرة مكتب في دبي.

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I am a victim of a crypto scam. Can I claim my invested money back?

Q: I believe that I am a victim of a crypto scam. I met a girl on a dating app in December and she onboarded me to a crypto platform helping me invest using step-by-step screenshots. I was consistently asked to deposit USD 20k money, however, raised USD 5k and she deposited USD 15k in my crypto account. My withdrawal was declined and customer services asked me to pay 12k USD in tax on profit made in order to access these funds. I arranged 9k and the lady paid 3k for me. Since 3k was not from my account, customer service asked me to pay it from my account which I duly did. Then I was asked to deposit USD 15k as security since the initial funds were from someone else. I did that and my withdrawal got approved but I was informed that the fund release is stuck as I need to pay USD 8.3k as a large channel fee and I would be upgraded to a premium client. Post this payment, now I am being asked for USD 6.3k as a miner`s fee on my whole account balance to get my withdrawal

When does a travel ban come into effect once the bank files an execution case?

Q: Dear Lawyer, When does a travel ban come into effect once the bank files an execution case? I am the owner of a small company and have had a business loan since 2018. However, due to difficult circumstances, I have been unable to pay the installments since July 2022. The bank has informed me that they have filed an execution case against me and placed a travel ban on 27.12.2022. On the Dubai Courts website, the case status is currently listed as "Reserved." I have checked the Dubai Police website and do not see any indication of a travel ban. I am in communication with the bank and requesting their assistance in resolving the situation, as I intend to repay the loan but I need some grace from their end. In the meantime, I would like to know if the travel ban is in effect upon filing an execution case by the bank and if I am able to renew my visa and my family`s visas in this situation. Your guidance would be greatly appreciated, as I am in a state of distress and have my wife and children here.

How to claim back amounts paid to a supplier in Dubai for goods they never delivered?

Q: My name is N. from [-------- Ltd], an importer of energy storage products based in New Zealand. We are in the process of seeking a refund from our supplier (an LLC in Dubai) to recuperate funds from deposits we have paid for stock that we have never received. The total credit we have with the LLC is USD $68,030.62. This is split across 2 orders; the first purchase order is dated 4th March 2021, and payment was made on 9 March 2021, totaling USD $29,217.50. We then issued a second purchase order dated 26th May 2021, and payment was made on 3 June 2021, totaling USD$38,473.12. Total payments and credit on 3rd June 2021 were USD $68,450.62. The total goods received on 3 June 2021 were USD $420.00. Total owed to [------Ltd] on 3 June 2021was $68,030.62. This was delayed until November 2022 and is still not ready, we issued a formal order for cancellation on 14 December 2022.

How do we proceed if we received a cheque payment and it bounced?

Q: How do we proceed if we receive payment by cheque, but the cheque bounces at the bank?

خصم المبلغ المتبقي للمطور بسبب تأخير تسليم الوحدة

س: السلام عليكم أستاذي الفاضل، أرجو من حضراتكم تقديم المشورة لي! اشتريت استوديو في مشروع بدبي. المطور تأخر في تسليم المشروع حوالي سنة. أُبلغت أن المشروع سيتم تسليمه في شهر 4/2023. هل يمكنني خصم المبلغ المتبقي للمشروع من المطور؟ أشكرك!

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