Self-help

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UAE

The possibility to prove that a civil company is a commercial company

Q: Dear sir/madam, There is a civil company with a professional license that owes me 925,000 AED as per an existing execution lawsuit. The company has not paid me in the last 5 years despite one of the partners/managers being detained for one month. I met the partner/manager of the company and he said he will start a lawsuit to declare that his civil company is a commercial LLC. Then he will only have to pay 50,000 AED (declared capital of his company as per his MOU of the civil company). He showed me a precedent lawsuit wherein the cassation court stated that they are responsible to judge if a company is civil or commercial, irrespective of the license. Question 1: Have many companies with civil licenses been deemed to be commercial companies recently? Is it easy to prove that a civil company is a commercial company? Question 2: What type of evidence has the partner/manager to produce to prove that his company was a commercial company even though it has a 25-year-old civil license?
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UAE

The landlord refuses to wait for days beyond rental cheque due date. What to do?

Q: Dear sir/madam, My rental cheque is due tomorrow and unfortunately, I’m not able to honor it. I asked my landlord to wait a couple of days but he doesn’t want to wait and said that he is going to cash the cheque tomorrow. Of course, the cheque will bounce, what would be the procedure then? Do I have a certain amount of days before eviction to pay the rent?
Questions & Answers
UAE

The right to stay in an apartment when the new landlord wants to rent it

Q: Hello everyone, I have been given a 12 months eviction notice through notary public by my landlord in March 2022, in Dubai, stating selling the property as a reason. If the new landlord has no intention to move in or refurbish the property and wants to continue renting the property, am I as an existing tenant given the first right to continue residing in the property? Is the new landlord allowed to hike up the rent as per market conditions? Or does the RERA rental index calculator still applies in this case? Thanks in advance!
Questions & Answers
UAE

هل يصدر الحكم في دعوى التنفيذ تلقائيًا أم تكون جلسات وحضور وإجراءات أخرى؟

س: السلام عليكم، لدي قضية عمالية صدر الحكم فيها وكان الحكم حضوريًا. انتهت مدة الاستئناف 30 من تاريخ الحكم وطلبنا صيغة تنفيذية واستخرجناها. تم قيد دعوى تنفيذ. هل يصدر الحكم فيها بشكل تلقائي أم تكون جلسات وحضور وإجراءات أخرى؟
Questions & Answers
UAE

مستحقات العامل لدى فسخ صاحب العمل العقد بدون إنذار

س: السلام عليكم، لو سمحت موجود بند في عقد العمل ينص على العمل ٦ أشهر تحت التجربة. اشتغلت شهر ونصف وتم فصلي بدون إنذار، وفي بنود العقد مَن يفسخ العقد لازم ينذر قبلها بشهر. هل يحق لي بدل إنذار شهر أو ١٤ يومًا؟ وسؤال آخر: أنا دوامي ٨ ساعات وخلال هذه المدة كنت أعمل ١٠ ساعات. إذا أردت أن أحسب العمل الإضافي. راتب الساعة +25%. صحيح هذا الكلام؟ وشكرًا!
Questions & Answers
UAE

Staying in a property when the landlord does not commit to the eviction notice

Q: Dear sir/madam, I am a tenant. I renewed my tenancy contract on Sept 30, 2021. Then on December 30, 2021, I received an eviction notice from the landlord asking me to vacate at the end of my tenancy contract on Sept 30, 2022. But following the "minimum" 12-month eviction notice rule (Article 25 / par.2 of Tenancy Law), do I still have the right to stay till December 30, 2022?
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Questions & Answers
UAE

How can I reach a settlement with my debtor to pay the installments?

Q: I have a judgment against me in Dubai Courts and I don`t have the money to pay. I shall pay it in 5 or 6 installments. How to request this in court? And whom and when should I approach for the same? I already tried with my creditor and he refused. He is proceeding with the execution formalities to block my bank accounts and RTA files. If the bank accounts are blocked I shall be stuck with all my operation so that my receivables also will be uncollectible.
Questions & Answers
UAE

Can the employee resign without serving the notice period to take a better offer?

Q: Can I file a resignation without prior notice because I got an offer letter and a better opportunity from a different company? If so, what are the consequences?
Questions & Answers
UAE

Who is responsible for paying the fees of the broker when purchasing a property in Dubai?

Q: Who pays the broker`s fee during a flat or apartment purchase in Dubai? Is it the seller/developer or the buyer and what is the percentage amount or fees stipulated as per the law?
Questions & Answers
UAE

Can I hold my passport to cancel visa after termination until I get all my dues?

Q: I was immediately terminated without a notice period in a company registered in DAFZA. They paid EOSB but not my salary and is asking for my passport to cancel my visa. Can I withhold the submission of my passport until my salary is paid?
Questions & Answers
UAE

Paying the 45-days compensation to the employer in case of resignation

Q: Hello, I am currently working on a limited contract but I have finished the six months probation period. Now, I would like to resign from the company. As per the law, I need to pay 45 days` salary. My question is if I complete the six months probation period and give resignation, will I get a ban? And for the 45 days salary, is it accounted for based on the basic salary only or the full salary.
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Questions & Answers
UAE

Returning to the UAE after absconding from an employer

Q: Dear questioner, I am from Pakistan. I had absconded from a company and the police deported me in 2016. The police took my fingerprints and eyes scan. Now, can I come back to the UAE?
Questions & Answers
UAE

Claiming fees from a sub-agent based on a verbal agreement and Whatsapp transactions

Q: Hello Sirs, I have a travel agency based in Abu Dhabi and I have a sub-agent (travel agency) who failed to pay me the visas issued under their responsibility. We only have a verbal agreement and WhatsApp transactions. We agreed that she`ll pay after every 5 days for each visa Issued. 15 days lapsed and still, she doesn`t want to pay and says their clients did not pay yet. It seems that they are putting the burden of their client’s non-payment on us, which should not be the case. She doesn`t pick up our calls or messages and she gets furious whenever we ask for payment. Each day is a grace period it seems. Please advise if there’s any way I can demand the amount from them and force them to pay us as soon as possible. They even continue doing business through other suppliers and left us pursuing them.
Questions & Answers
UAE

How to exit the country without paying fines if I overstay my visit visa?

Q: Good evening Sir. I have a question regarding my overstay and I have fines already. My visa finish on August 24. Is it possible that I can exit the country without paying fines? I have a ticket where my flight on October 1.
Questions & Answers
UAE

What can I possess to have an overstay fine reduction?

Q: What can I possess to have an overstay fine reduction?
Questions & Answers
UAE

Will I be entitled to my air ticket upon resignation if it is not mentioned in my contract?

Q: Hi, I have a concern regarding my contract. I have an unlimited contract and I`m on my 2 years now in the company. So, I`m planning to resign because I want to go back to my country for good now. And so, I just realized now that in my contract there are no written leave and ticket incentives after 2 years. So I`m wondering if I still have hope to get a free ticket from my company to go home even if it`s not written in my contract. Please. I hope somebody notices this. Because the plane ticket is also expensive. Thank you for the answer in advance.