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UAE

Can the employer terminate the employee without notice and pay compensation?

Q: Dear Sir/ Ma`am, Greetings! I have a case where we have terminated an employee at 360 days, on an immediate basis. We have not allowed him to serve a 30 day notice period, however, we have compensated the 30 days through an additional salary. Please advise if we need to compensate the employee inclusive of the 30 days (notice period) in his leave salary and gratuity. Or do we take the termination date as the basis of calculation for leave salary and gratuity? Kindly advise.
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UAE

Can the landlord refuse to renew the tenancy contract shortly before expiry?

Q: Hello, Our landlord is trying to evict us from an apartment in Dubai because of a clause in our tenancy contract stating literally: "This contract is non-renewable and valid only for one year." This contract was signed on the 17th of February 2021 and our rent started on the 7th of February. Actually, the landlord refused to renew the contract on the first renewal because he is selling. He never sent any notice and just sent us an email one month and a few days before the end of our first year and asked us to leave. We refused to evict and tried to get him to sign an extension for a few months or one more year which he refused and ignored. We filed an offer and deposit case and asked him if he accepts it or not. Only then, he accepted to sign the contract but added many clauses. We signed because we needed the Ejari to unblock our access cards and we had visa renewals. We are going to have an eviction case and I would like to know if we can challenge that clause and how you can help.
Questions & Answers
UAE

How to protect a person who broke up with fiance from any future claims?

Q: Hi, I`m writing for my brother who got married on December 24, 2021, and has been living with his wife till last week. This marriage was not legally registered neither in the UAE nor in India, however, we conducted an official wedding function with around 150 guests here in the UAE. We thought the wedding will be registered within a week of marriage but due to the bride`s unacceptable reasons she delayed it or we would say wasn`t intending to do it. Now, they have decided to split their ways as we found out that this girl has so many problems & issues which we both families tried sorting out by talking to them. We found that she is an alcoholic and she said she can`t balance social life and family life so she wants to drop this relationship. My brother, however, is heartbroken and is getting into depression as both our families were not expecting this. Is there any way we could document this to avoid the girl creating any problems to my brother or to both our families in the future? Please advise.
Questions & Answers
UAE

How to get refund when the project is affected by a force majeure event?

Q: Dear all, In March of 2018, I entered into a contract to purchase a studio property from a developer. The handover was meant to be in April 2020. In August of 2019, they sent a notification that a fire had broken out at the site resulting in a Force Majeure. In October of 2019, they sent a letter stating that they were in the final stages of getting approval from DDA to resume building. Now we are in 2022 and still, nothing has happened. They have advised that they are waiting for a court order to restart the work. They stopped banking my installment cheques in September 2020 but by that point, I had already paid around 50%. I have tried everything to negotiate with them; I asked them to transfer me to another project knowing I will lose the DLD fees, refund me less their charges but nothing. I would be most grateful if someone could help me to understand my options as I need the money back somehow if possible even with some loss. Thanks!
Questions & Answers
UAE

Checking if a visit visa is still valid

Q: Dear questioner, I came to Dubai with a three-month visa but I was accused of bringing drugs into Dubai so I was detained for five months. My judgment from the court says that I am (innocent). I want to know if my visa is still valid.
Questions & Answers
UAE

Getting a full refund of all amounts paid to a developer due to a breach of contract

Q: Dear sir/madam, In January 2017, I purchased a property from a developer. The original booking was for a unit in (.......). After initial payments, I was informed that the unit was double-sold (under dispute) and the previous owner was not willing to sign a release NoC. A swap unit was offered in (.......) - due to be delivered in a few months. Due to construction issues, even 2 years later was not ready for delivery. After escalation, a unit in (.......) was offered as a second swap. All payments were completed on time for each of the units. Almost 3 years of following up passed now since making the final payments in April/May of 2019. I was not informed that the unit is under group mortgage and Title Deed can not be issued until the mortgage is cleared. Always promises that the unit is on priority for clearance. What is the possibility of getting a full refund of all amounts paid under "breach of contract" or any other applicable grounds? I would also like to know a cost estimate for any legal proceedings.
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UAE

How to submit slander audio evidence in the Malayalam language?

Q: How to submit slander audio evidence in the Malayalam language? To the police or in court?
Questions & Answers
UAE

Is it legal that my employer terminates me after resigning?

Q: Is it legal that my employer terminates me after resigning? While I have a signed copy of my resignation from HR and my direct manager dated almost 20 days prior to the termination letter disclosing that I breached the contract according to Article 120.
Questions & Answers
UAE

مطالبة شركة التوظيف المتعاقدة مع جهة حكومية بالمستحقات العمالية لدى الفصل التعسفي

س: السلام عليكم، أعمل بإحدى الجهات الحكومية بعقد تعهيد مع شركة توظيف؛ إذ إقامتنا وجميع حقوقنا مع تلك الشركة. استغنت هذه الجهة عن عدد من الموظفين دون أسباب واتخذت شركة التوظيف الإجراءات لإنهاء العقد وفترة شهر الإنذار. هل يحق لنا المطالبة بتعويض الفصل التعسفي من شركة التوظيف؟ علمًا أن العقد يذكر أنه يتم إنهاء العقد في حالة طلب العميل (الجهة الحكومي). في هذه الحالة تكون المطالبة بكم شهر؟ وهل نطالب الشركة مباشرة أم عن طريق دعوى قضائية؟
Questions & Answers
UAE

تزوير مستندات شخص وأحقيته في التعويض

س: السلام عليكم، شخص يتعامل مع شركات تأمين وأرسلت له مبلغ إصدار تأمين صحي لي مع صورة الهوية والإقامة ولكن تم تزوير مستنداتي وتغيير تاريخ الميلاد وإضافتي في عقد عمل غير صحيح حتى يحصل على سعر منخفض ويستفيد من باقي المبلغ الذي سددته له. لا أعلم من قام بالتزوير؛ الشخص نفسه أم شخص آخر له صلة بشركة التأمين فأنا لم أستفد من هذا التأمين. ماذا أفعل لإرجاع مالي؟ وهل أطلب تعويض مادي من هذا الشخص أو شركة التأمين؟ وما قيمته؟
Questions & Answers
UAE

المطالبة بالأرباح الناتجة عن صفقة تجارية استناداً على اتفاق شفهي

س: السلام عليكم، تم توقيع اتفاق بين شركتي وشركة أخرى لاتمام صفقة تجارية واتفقنا على الربح شفهياً 50% لكل طرف. بعد ذلك قمت بتزويد تلك الشركة بعقد آخر مذكور فيه النسب الربحية ولكنها رفضت توقيعه وأخذت كامل الأرباح بطريقة احتيالية. هل من الممكن رفع قضية للمطالبة بإعطائي ربحي المتفق عليه عن طريق إرفاق العقد الموقع في بداية الأمر والعقد الثاني الذي رفض توقيعه؟ هل يتم النظر في الاتفاق الشفهي في المحكمة ؟ وشكراً
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UAE

موعد الاستئناف بعد صدور حكم أول درجة في قضية عمالية

س: السلام عليكم، لقد ربحت قضية عمالية بقيمة مطالبات ١٤٦ ألف درهم. قدَّمت الشركة استئنافًا ولكن لم تُحدد المحكمة حتى الآن موعدًا للجلسة ولم يقدِّم المُدَّعَى عليه أي مستندات أو أدلة جديدة وإنما طالب بنفس طلباته القديمة. متى تُحدَّد جلسة الاستئناف؟ وهل تأخذ وقتًا؟ كذلك ماذا بعد الاستئناف؟
Questions & Answers
UAE

What happens if a person left the UAE suddenly without cancelling tenancy?

Q: What happens if a person left the UAE suddenly without canceling the tenancy contract and the cheques for rent bounced? If he/she wants to come back, will they get arrested? How can we check the status?
Questions & Answers
UAE

How can I make sure there are no cases against me before returning to the UAE?

Q: Hello I wonder if you can assist me. I left the UAE legitimately in 2015 with my husband as he was unwell. My husband passed away and I am looking to return to the UAE now and we have a bank account still active, although I can’t access it as the debit cards have long expired. Although I left with no debt, I just want to make sure that no interest or anything has been added to my account before I return in case by the time I have been away a debt was incurred on the account. Can you please assist? Thank you. K. J.
Questions & Answers
UAE

Vacating an apartment by the landlord upon tenant's refusal of the new contract

Q: Hi, I have a query regarding a contract renewal. I have given notice by the notary public to my tenant to vacate my apartment. He is not agreeing on terms and conditions and is asking to have the same terms and conditions as the previous year`s contract, for which I said that I will not sign the contract which contains renewal terms and conditions. (I told him 90 days before the current contract expiry date that I am not willing to renew and I will give the notice to vacate). So if I do not sign the contract and it gets renewed automatically, can my tenant challenge the notice by a notary public at the time of vacating the apartment? Thank you!
Questions & Answers
UAE

How to clear a possible travel ban for credit card dues and return to the UAE?

Q: My short visit visa has got rejected. I have worked in Dubai from the period between 2014 and 2018. When I left the UAE, I got my working visa canceled before my exit. I couldn`t pay my credit card bills at that time. Can that be the reason? My credit card outstanding amount is AED 10,000.