Self-help
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UAE
Can you resign without a notice period for the non-payment of salary?
Q: Dear Sir, I am working as a pharmacist in a single pharmacy in Ajman since July 2015. I am the only employee in this pharmacy. My contract is unlimited and my salary is 5500 (basic 2000). My 18 months` salary is pending since 2019. I filed a labor complaint in November 2020 and my employer promised me to pay an additional salary from January 2021, so I withdrew my complaint. After the labor complaint, my salary was a bit regular but there were some months when the salary was pending. I had the trust that he will clear my pending salary. My visa is till May 2022. I request you to guide me in this situation since I do not want to continue the job. Also, can I resign without notice period? Regards Questions & Answers
UAE
What can be done in a case of assault and rejection of bail?
Q: My husband is being held in custody on charges of indecent assault. The case has been under investigation for over 10 days now, the prosecutor has spoken to him once. They have rejected bail applications as well. How long can he continue? If the complainant clears the case (gives tanazul), can the prosecutor still punish him? (through penalty or anything else). Also, I am not able to know the reason for the bail rejection. Are they obliged to give a reason? Questions & Answers
UAE
is it safe to travel to the GCC when you have cheque bounce cases in the UAE?
Q: Hi, I have two cheque cases in the UAE worth around 100K and one commercial civil case worth 55K and I left the UAE without an exit stamp on my passport. Can I travel anywhere in GCC? Questions & Answers
UAE
Liability of the real estate agent for failing to send a legal notice on behalf of the landlord
Q: I signed a contract with a Real Estate Agent to manage my rental property for a year. I reminded the agent 90 days prior to contract expiry to inform the tenant of the rental increase in writing. The agent failed to do this in time. Now the tenant is claiming they do not have to pay any increase as they were not informed before the 90 days. Can I claim compensation from the agent? I checked the RERA rental calculator and I have the right to increase by 20%. Questions & Answers
UAE
The possibility to remove a shareholder by an ultimate beneficial owner (UBO)
Q: Hi, I have a 6-month-old RAK FZ-LLC company with 2 shareholders. I hold 60% and also I am the UBO (ultimate beneficial owner) of the company with all rights to remove shareholders. I would like to know if I can remove the shareholder holding 40% shares. Please advise. Thanks! Questions & Answers
UAE
طريقة تقديم طلب إعفاء من رسوم خبير في دعوى تجارية
س: السلام عليكم، لدي دعوى تجاري جزئي وأنا المدعي، وقد أصدرت المحكمة حكم تمهيدي بندب خبير وتكليفي بمبلغ 7000 درهم أمانة خبرة، ومبلغ المطالبة 40000 درهم. فالمبلغ كبير والدعوى ثابتة بشيكات قد سددتها للمدعى عليها وقدمتها للمحكمة. قدمت طلب للمحكمة بالاعتراض على ندب خبير وقد ورد قرار القاضي بفرصة أخيرة لسداد أمانة الخبرة وقدمت طلب بعزل الخبير. ورد الرد "يتم القرار على الطلب في الجلسة القادمة"، هل ما أقوم به الصحيح وماذا يمكن أن يحدث؟ هل من الممكن أن يتم رفض الدعوى أم سوف يتم الحكم وفقاً للمستندات والشيكات المقدمة أمام المحكمة؟ Questions & Answers
UAE
Liability for pet illness after leaving it in a pet care shop
Q: My business has been issued with a legal notice from a client, accusing us of professional negligence and asking to settle a monetary amount within 10 days or they will initiate legal action. We are a pet business and the client left her dog with us for 4 hours. After she collected him, the dog fell ill and had to go to a vet. Both the client and the vet have not been able to tell us what caused the sickness, and we have this in writing from both. We have said we are not liable as we do not know the cause. Do they have any legal basis to file a case? They have quoted Civil Transaction Law Questions & Answers
UAE
Procedure to claim maintenance for husband who abandoned family in the UAE
Q: I have been abandoned in the UAE with my three children as my husband intends to divorce me from my home country. He hasn`t paid any allowance for the last 10 months now, and also tarnished my image within my family with false accusations and also misled the judiciary in my home country. Can a legal professional help me as to how I can seek justice in the UAE? Questions & Answers
UAE
How can I terminate the purchase agreement of a studio for delay in the handover date
Q: Good Evening, I have purchased a studio last March 2021, I have already paid 30% of 171,000 for the unit. The handover was supposed to be in July 2021 but unfortunately, it will take more time at least January 2022. No deadline confirmed I called DLD to check if my apartment is registered but they said they cannot find anything. I have mailed the developer many times for 5 months but no replies for the registration update. I would like to check, will it be possible to get my money back if I file a case? Please your answers are very important cause I am worried. Questions & Answers
UAE
The breach of contract with a builder and legal action for delay in delivery
Q: Dear Lawyer, We are 18 landowners 200 yards each entered into a development agreement with a builder on 2/2014. Then conditions are that the builder in his share of 50:50 can construct flats and sell. With a GPA fraudulently obtained, 18 months time with a grace period of 6 months to complete and handover fully furnished the flats. In case of delay, a rent of 6000 per month and 3 lakhs refundable deposit are to be paid to each landowner. The builder neither handed over the flats (60% built) nor paying rent or deposit of 3 lakhs. Electricity meters are fixed on our name and we are all paying minimum charges. The builder is not responding to our phone calls nor attending meetings whenever called for. The builder sold his share of flats. Please advise me the best. L. Questions & Answers
UAE
How to post a review of a bad service in a legal way?
Q: Dear Sir/Madam, I asked a veterinary clinic to tell me what the names of the last medications I paid for were. The vet had handed them to me in a rush and never billed me, and I had come in on my own to pay. The receipt for which I thought the payment was turned out to be for something completely different. The vet has no notes on the matter. Same with the manager who took the payment. I have asked them to check the CCTV as I remember the date and time, but no answer. I don’t know if this is illegal! If I mention this incident in a review, could there be legal repercussions for me? Questions & Answers
UAE
تنازل أحد الشركاء عن حصته في شركة ذات مسؤولية محدودة بدون حضور الباقين
س: شركة ذات مسؤولية محدودة أنا شريك ومدير بها والشريك الثاني مواطن والشريك الثالث مصري خارج الإمارات ولن يعود الآن. السؤال: هل يمكنني التنازل عن حصتي في الشركة لأي شريك منهم سواء المواطن أو المصري بدون حضور الشركاء؟ أقصد أن أُحرر التنازل في كاتب العدل بدون حضور أي أحد من الشركاء أو بحضور الشريك المواطن فقط. إذا كان يجوز فعلاً، فبالنسبة للدائرة الاقتصادية، هل يجوز لي بهذا التنازل إخراج نفسي من الشركة في الدائرة الاقتصادية أيضًا بدون حضور الشركاء أو بحضوري أنا والمواطن فقط إذ أن الشريك الثالث لن يعود الآن؟ Questions & Answers
UAE
Does the POA issued for the mother company apply to subsidiaries in other countries?
Q: A POA is signed with a head company (located in BVI) which allows the attorney to carry out managerial activities on behalf of the head company as well as all subsidiaries owned by the head company. Would such a POA be recognized for such subsidiaries? (NOTE: some subsidiaries are located in different countries across the MENA e.g. Egypt, KSA, Turkey, UAE, etc). Questions & Answers
UAE
Procedures to get full clearance after withdrawing a wrongful cheque case
Q: We have an issue with an unreturned cheque back on our 2019 to 2020 contract (RESIDENCE FLAT CONTRACT). We deposited a cheque to the landlord for the last quarter payment, but instead of this, we settled to pay by cash and they told us that they will return the cheque to us (we have the receipt). Until the contract end, we were expecting that everything went fair and well. We renewed for another year this same contract (July 2020-July 2021) until the end and terminated this last contract last July. We settled everything and even received our deposit. Unfortunately, on September 6, 2021, they filed a complaint at the police station regarding this cheque. We went to their office and told us that it is their mistake. their legal told us to go to police station to pay AED1,050 to cancel this report. We don`t know if this is to cancel the case. Any advice, we want to clear our name from this case. We want a refund, we want to clear our name and receive our cheque back. Questions & Answers
UAE
What to do when the developer is late in delivery and asking for payments?
Q: I booked an apartment in a building under construction. I paid as per the plan but the developer couldn`t complete it in time for about 2 years and it remained under cancellation as per the DLD site. Then they restarted construction and now they have completed 70% of the project and up till now more than 3 years late. Now, they threaten to give them the remaining payment and we want to cancel the next payment due at the time of handover as per the agreement. Please advise what should I do and what is my legal position Questions & Answers
UAE