UAE Legal Resources - Legal Advice Middle East

إنهاء عقد عمل محدد المدة بسبب رفض الموظف خفض راتبه

س: تم إنهاء عقد عمل مُحدد المدة بعد فترة عمل لمدة عام ونصف، وذلك بسبب خصومات 50% من الراتب الشهري بدون موافقة كتابية مني، فتقدمت بإيميل رسمي لرفض الخصم ولكن لم يرد عليّ مدير الموارد البشرية فاضطررت للبحث عن عمل آخر. تقدمت بشكوى عمالية ثم أرسلت إيميل رسمي لمدير الموارد البشرية بعدم الرغبة في استكمال عقد العمل محدد المدة وذلك بسبب خصم 50% من الراتب بدون موافقة كتابية مني. السؤال الآن: كيف يتم احتساب بدل الأجازة السنوية عن تلك الفترة؟ هل لي مكافأة نهاية خدمة عن مدة خدمتي عام ونصف أم لا؟ هل يمكن للشركة أن تعطيني حرمان مع العمل إذ أنني أعمل طبيبة؟ احتسب مدير الموارد البشرية بالمستشفى إيملي بعد الرغبة في استكمال عقد العمل بسبب الخصومات باعتباره استقالة من جانبي وحسب المستحقات المالية كالتالي: - عدم احتساب مكافأة نهاية خدمة. - تم خصم 45 يوم من مستحقاتي المالية. ولذلك رفضت التسوية وقمت بإحالة دعوى للقضاء. ولكن سؤالي الأخير: هل القانون في صفي إذ أنني قدمت طلب بعدم الرغبة في استكمال عقد العمل بسبب إخلال صاحب العمل بالتزاماته التعاقدية وخصم 50% من الراتب بدون وجه حق وبدون موافقة كتابية؟

Can the developer cancel a purchased apartment after delay in handover?

Q: Hello, My father purchased an off-plan apartment from a developer in 2008 and paid nearly 50% of payments of the total approx. AED 1.2 million. The developer promised to complete the handover within one year; however, the project stopped and was completed in 2018. The developer sent us a notice demanding the remaining amount to complete the handover; however, the market value of the unit purchased has halved since the time of acquisition. The developer has also canceled the unit through the property termination procedure in Oqood. My father has since passed away. What are my options to dispute this and have the developer refund my father`s money?

Changing a personal sponsor visa of a family member to a company visa

Q: Can a person change a (personal) sponsor visa of his family member to any company visa without NOC, cancellation, and knowledge of the personal sponsor? What are the consequences/penalty if it is done? Thanks!

Accepting a new job offer after signing a limited contract with another employer

Q: Hi, good day! I Just want to inquire. I signed a contract with a company. The contract is limited. The employment will start next month but my new visa is still not processed, however, I got a better offer from another company. Will there be an issue if I accept the new offer since I already signed the contract? I am worried that the company with which I signed the contract may ban me or impose fees/charges if I don`t proceed with the employment with them. Please advise! Regards,

Rejection of the employment visa because of a mistake in the passport

Q: My employment visa is rejected because my surname comes second in my renewed passport which was renewed in India while it comes first in the expired passport. I was in the UAE for 20 years. What should I do now?

Getting a job without husband's consent while being on his visa?

Q: My wife who was on my personal residence visa as a "housewife" left due to personal differences and now, without canceling the visa from my end, she got a working/residence visa from a school. I would like to know is it legal for any organization/school to cancel my personal visa without canceling it and without NOC from my end? If it is illegal, then what are the legal consequences for her and the company which hired her without my consent for cancellation. Thanks!

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Compensation for property handover beyond the exact date

Q: I purchased a property that was to be delivered on 15th June 2020 as per the SPA. It was also stipulated in the SPA that the developer can delay the handover by up to 12 months (15th June 2021). The developer has informed me that they will hand over the property on 15th September 2021; meaning they are in violation of the SPA. I asked for compensation for the 3 months but they have refused. How can I proceed with it now? Do I need to file a civil suit?

Filing an absconding case against an employee while she is being medicated

Q: Sir, I have a friend who has an issue with her previous work. She had to be medicated. She was asked to travel back to her country but they didn`t book her a ticket and the sponsor has already canceled her visa. She doesn`t have money to book a flight ticket but she has treated herself here in the UAE for and the grace of 28d ays has finished. She is now in overstay. She wants to change her visa to a visit visa and pay for the overstay but she was told that the sponsor put abscond on her passport. What can we do to remove the abscond? Please help us!

Filing for insolvency of a company during COVID-19 situation

Q: My friend`s firm is in a Free Zone since years. It was fine before, but in the past 15 months, due to Covid19, sales slowed down, many retail clients shut down or are not paying. They are unable able to pay 2 business loans for two months; few creditors, work credit cards - all the total over 600k AED. The loans mature in 2023. Can you/your firm please help them to file for insolvency or bankruptcy or a combination and close their company? We read that a lot of Federal bankruptcy and insolvency laws with provisions for Covid19 were passed to help SMBs last year.

Is it mandatory to have an Emirati partner to establish a mainland LLC company?

Q: Hello there, I want to open an LLC company in Abu Dhabi with 2 GCC nationals (each one of them with 50% shares) among 2 GCC. I want to make one person from the GCC a manager as well. Is it possible? Is it allowed to open LLC company without UAE local partner?

متى تنتهي إمكانية استئناف حكم في قضية عقارية؟

س: رفعت قضية في تحكيم الشارقة بخصوص عقار لمرور سنتين على موعد التسليم والعقار ما زال قيد الإنشاء. حكم التحكيم في صالحنا. بعد فتح ملف التنفيذ، رفع المطوِّر دعوى بطلان حكم التحكيم وحددت جلسة وكان السبب لرفع القضية عدم تسجيل العقد في هيئة الأراضي ولكن حكمت محكمة الاستئناف لصالحنا بسبب وجود شرط التحكيم في العقد. الآن المطور رفع قضية أخرى في محكمة التنفيذ المدنية - دعوى تصديق على أحكام المحكمين. السؤال: ما معنى دعوى تصديق على أحكام المحكمين؟ وما يجب توقعه؟ وهل يمكن للخِصم الاستئناف مرة أخرى؟ متى تنتهي إمكانيتهم في الاستئناف؟ شكرًا!

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What to do with a colleague who got a promotion that he does not deserve?

Q: I have been working in Dubai with a company for 2 years now. Last year, I was “verbally” promised of promotion but due to Covid19, things changed. Two months ago, we went for an interview to decide who will be selected. We are six; including a guy who since joining the company was transferred to 4 different locations because of sexual harassment without taking any action against him because his cousin works as a financial manager in the head office. Everyone was surprised when he was selected despite everything, our direct manager told me that they were going to terminate him but things changed. I want to know if there is anything that can be done. I have witnesses to his previous behavior and reports; the majority of the team knows about him but afraid to come forward because they might lose their jobs, so what can we do? Thank you for your help! I need advice on whether to go after this or forgot it.

Is the Georgian marriage certificate valid in the UAE?

Q: Hello, We are a Filipino couple. We have a Georgian marriage certificate; UAE authenticated but we did not register the certificate to the Philippine consulate as I am still legally married to my X-husband although we’ve been separated for almost 7 years. Is my Georgian marriage certificate valid in the UAE? And is it valid if I want to get pregnant here in the UAE? Thank you!

Terminating an employee according to article 120 due to late attendance

Q: Does the employer have a right to terminate an employee under article 120 due to late attendance? For example, the work time starts at 8 am and the employee attended one or two hours late.

File an absconding case against an employee who is under husband’s visa

Q: Good day! Asking for your help regarding the below case. I have a friend who worked in the UAE before while she was under husband’s visa, but she left the country and didn’t return to work without noticing her employer. Her problem now is that she is applying as an immigrant for another foreign country which requires Police Clearance. She’s afraid that she might have an absconding case which may hinder her to get the clearance. Can an employer file an absconding case against an employee under a husband’s visa?

An employer refuses to release the labor dues until the employee agrees to his terms

Q: I have been working for a private company (mainland) for 2 and a half years. My contract now is a renewed limited contract. I have resigned. I have given my company the notice period mentioned in the contract and committed to the penalty for early termination. According to MOHRE Reply to my email, I am entitled to a gratuity along with the rest of the final settlement as this is a RENEWED limited contract. My employer intends to do the following: 1- Review all my attendance during the past two and a half years and impose penalties on me accordingly. 2- Not to give me my gratuity or final settlement until I agree to his terms. 3- Not to give me my passport until I agree to his terms. 4- I am afraid if I report them for keeping the passport, they will just deny that they have it. How do I fight this without prolonging it? Please help me! Also note: I am already discussing another offer so I want to solve this quickly. How do I work for another company while fighting this?

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