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UAE

An equal partner is being maltreated by other partners. What to do?

Q: Hello sir/madam, Perhaps you can help me! I am an equal partner in an LLC company. There are in total 3 partners. All of us are equal on the MOE (we are all managers). While I was away on a vacation, the partners got together to try to push me out. They have done this by trying to make my life an uncomfortable nightmare in the office, blocking my work, started hiding emails, and instructing an employee of ours to do the same. They also fired our accountant and moved our 4 years of books to a new accountant, who I`ve been told by them is "cleaning up". For 5 months, I`ve been getting excuses on why I have not been given access codes to see the new books or bank statements, etc. I`m locked out of various platforms. I am very worried now as I`m also responsible for what they do. They cannot buy my shares and I am concerned that they are scheming a way to get rid of me in another way. Can they shut down and open again for instance? What can you suggest about my rights here? Thank you!
Questions & Answers
UAE

Terminating an employee's contract due to establishing a competing company

Q: Dear sir/madam, We have an employee who has set up a conflicting company where his wife is a partner. We have seen that our sales have dropped in the last few months drastically. I want to understand if we can terminate this employee considering he has cheated the organization and also are we required to pay him his end of service and pending salary?
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UAE

متى يسقط الحق في المطالبة بقيد دعوى للتعويض عن أضرار مادية وأدبية؟

س: السلام عليكم، متى يسقط الحق في المطالبة بقيد دعوى للمطالبة بالتعويض عن أضرار مادية وأدبية؟ هل يسقط الحق في التقدُّم بطلب لالتماس إعادة النظر في دعوى صدر الحكم فيها منذ ستة أعوام على الرغم من توافر، حاليًا، شرط من الشروط التي يطلبها القانون للتقدُّم بطلب لإعادة النظر؟
Questions & Answers
UAE

جواز تنازل الموطن عن رخصة مؤسسة فردية لصالح وافد

س: السلام عليكم، في المؤسسة ذات الكيان القانوني الفردي، هل يجوز للمواطن المُستخرَجة الرخصة باسمه التنازل عن ملكية المؤسسة للغير (غير مواطن) الذي يحق له انتقال كافة الحقوق القانونية عليها بموجب إقرار كتابي عرفي بين الطرفين؟
Questions & Answers
UAE

The liability of a manager for bank loans after resignation

Q: Dear sir/madam, Please advise me in regards to my commercial banks! A partial case in Dubai Courts in which my company (first defendant) took a property loan from a bank (plaintiff) in January 2015. I had signed all bank-related documents including the personal guaranty form as a manager (second defendant) of the company holding 40% shares along with my partner (third defendant) holding 60% shares in a Free Zone Company. I was asked to resign with immediate effect in December 2016 and left the company completing all necessary handovers of 40% shares to a natural person. I hold all transfer documents attested by the free zone authority and their legal translation which were submitted to the court as a memorandum. Today was my first hearing and the court decided and ended the litigation obligating all defendants jointly and severally to pay the balance amount to the plaintiff and 5% legal interest and attorneys fees. Please advise on the next procedure I can follow to request the court to remove my name. Should I approach the bank?
Questions & Answers
UAE

How can a victim of a crypto scam claim his money back?

Q: Good day, We are a group of people and residents of the UAE who invested in an international company that called themselves an investing company and promised their investors a big return. In the end, we realized that the company was a scheme/pyramid, but unfortunately, it was late as we faced a company scam. And we lost a lot of money. Cases were opened all over the world against them. The leaders of the company who called them "10* stars" were residents of the UAE; some of them still live here and they introduced us to Finiko schemes. We need advice on where to start the case in the UAE and what is the right department to go to as the partners who were the main people of the company are hiding in the UAE with all the money? Kindly note that all investments were done by crypto in bitcoin currency. All victims have the evidence. We have sent complaints to e-crime, but the applications of all the victims got rejected and we cannot understand why. Thanks in advance!
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UAE

Is a manager of an LLC company personally liable for paying the rights of an employee?

Q: Dear sir/madam, I am a partner and a manager of a Dubai-based LLC. We lost a court case against our previous employee with 100k. The company does not have money to pay. I asked two lawyers if I am personally liable, one lawyer said no, and the other lawyer said that the judge can even arrest me or place a travel ban on me. I had the full authorization of any documents, bank transactions, or business activities. Everything was 100% on me only. Now I am totally lost on which lawyer to trust and to believe. Could someone kindly get back to me with a third opinion?
Questions & Answers
UAE

What is the gratuity I am entitled after resignation and four years of service?

Q: Hello, I have resigned recently from employment here in Abu Dhabi. I have completed over 4 years of full-time employment. My latest offer letter/terms of employment was a family status/unlimited contract type. My basic salary was AED 14,000/month. Can you tell me what end of service should I be entitled to under the latest labor law? (Anonymous)
Questions & Answers
UAE

Paying compensation upon resigning from an unlimited contract

Q: Dear sir/madam, I have an unlimited contract. The service period completed is 11 months. Can I resign? Or there is any compensation amount to be given to the employer?
Questions & Answers
UAE

The ex-employer and manager are not paying the labor dues. What to do?

Q: Dear sir/madam, My ex-employer and manager are not paying thousands of dirhams owed to me and have threatened and harassed me on different occasions. I worked on a commission basis in real estate with a company. Is there any law to protect us and get us the due money?
Questions & Answers
UAE

The consequences of non-attendance of a court case

Q: Dear sir/madam, I have a case in the First Instance court against me. I am a UK resident with a UK Company. I`m being sued by a Dubai company (unfairly). My UK team is telling me not to attend the case there, and to sue this person from London. My fear is, and my understanding is that there will be a default judgment against me. Will this automatically mean that this will turn into a financial crime, and potentially have an arrest warrant out for me?
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UAE

مَن يتحمل تكاليف الإقامة في حالة استقالة العامل قبل انتهاء عقد العمل؟

س: السلام عليكم، تحية طيبة وبعد، كما هو معلوم فإن قانون العمل الجديد رقم 33 جعل جميع عقود العمل محددة المدة، ولدينا الأسئلة التالية: 1. مَن يتحمل تكاليف الإقامة في حالة استقالة العامل قبل انتهاء عقد العمل؟ 2. إذا كان قانون العمل يتيح لصاحب العمل تحميل العامل تكاليف الإقامة في حال استقال قبل انتهاء عقد العمل، فهل يمكن لصاحب العمل وضع شرط جزائي في عقد العمل ينص على تحميل العامل تكاليف الإقامة عند الاستقالة قبل تاريخ انتهاء العقد؟ وما الحد الأعلى للشرط الجزائي؟
Questions & Answers
UAE

كيفية الحصول على تقرير طبي لرفع دعوى طلاق للضرر

س: السلام عليكم، زوجي يضربني وأريد رفع دعوى طلاق للضرر. علمت أنه يجب وجود إثبات للضرر. أريد معرفة كيفية الحصول على تقرير طبي بالضرر. وهل الضرر يجب أن يكون كبيرًا؟
Questions & Answers
UAE

إمكانية رفع دعوى طلاق للضرر ضد زوج مقيم في الإمارات بسبب الهجر

س: السلام عليكم، زوجي مقيم بالإمارات وهو عراقي حامل الإقامة الذهبية. أنا يمنية مقيمة في مصر ولدي ولد وبنت (12 سنة). لم نره ويرفض القدوم إلينا أو أن يأخذنا معه. أنوي القدوم للإمارات ورفع قضية طلاق لضرر ونفقة ومطالبة بتعويض بسبب الهجر والتعب النفسي الذي حل بنا أنا وأولادي بسبب معاملته السيئة لنا. هذه السنة أولادي بدون مدارس. هل يحاسبه القانون على ذلك؟ هل يحق لي التعويض؟ لدي تسجيلات واتس آب بصوته بها تهديد بقطع المصروف ورمينا في الشارع والسب والإهانات. هل يمكن أن تكون بدل الشاهد على الضرر الذي أصابنا لصالح القضية؟ هل أستطيع طلب نفقة مؤقتة إلى أن نستكمل القضية؟
Questions & Answers
UAE

How to file a petition for lifting deportation and travel ban for use of illegal substances?

Q: Looking to lift the deportation ban which took place in 2012 for possession and intent to use banned substances. Since 2021, the rules have changed and it is possible to file a plea of mercy and get the ban removed. I would like to know the charges of the same. Can we do it online?
Questions & Answers
UAE

Can the daughter claim her rights of inheritance after her father passed away?

Q: Please I want an answer in Sharia. The father of a Muslim UAE national gave in his lifetime his business share to 3 sons and 3 daughters. He did not give any share in this business to the 4th daughter. The 4th daughter came to know he did not give her rights after his death. Is there any way she can go to sharia court for justice? Thanks and regards, A detailed answer will be highly appreciated.