Self-help
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UAE
Landlord's right to ask the tenant for overstay if he terminates tenancy without notice
Q: Dear Mr Malalla, I would like to get your opinion on an incident that I am going through at the moment with my previous landlord. After staying in the same apartment for 4 yrs as a tenant, on 8/2/21, only a week before the renewal term (15/2/21) and after having a written agreement on a mutually agreed condition as well as sending us the contract, our landlord declared to us that he changed his mind and would apply the old contractual terms. After having back and forth emails with our landlord`s agency, on 23/2/21 we received the final email about his decision from the agency. As I did not want to stay in his place, we moved out on 6/3/21. On 14/3/21, we received a quotation from the agency in regards to maintenance, which we mutually accepted on 15/03/21. 2 days ago, when I was waiting for my security deposit, I received a final calculation from the agency charging me the period between 15/2 to 5/3 as overstay. We reminded him many times of the rules and regulations but he does not care. Questions & Answers
UAE
What are the rights of the employee in case of termination during probation?
Q: Is terminating an employee in probation period allowed under an unlimited contract? If so, should he be paid repatriation expenses? Please advise. Questions & Answers
UAE
What is the effect of a civil case by the bank on applying for new visa?
Q: Dear Sir/Madam, Due to the pandemic, I lost my job in 2020 and was not able to pay 3 months of my loan, since I need to prioritize my roof and food for whatever money I have. I was a good payer for almost 3 years. I have 18 months left to pay. Unfortunately, they filed a criminal case against me last Sept 2020. I settled and paid the fine at the police station. However, until now they keep on calling and threatening me, this time of the civil case. What is the effect of the civil case in applying for an employment visa? According to them, my outstanding balance ballooned again to 33500. If I don`t have the means to pay it, what will happen to me? Please advise. Thank you in advance. Questions & Answers
UAE
Would COVID pandemic be considered a Force Majeure to delay project delivery?
Q: Hello, We purchased an off-plan property in 2017. The delivery date is Q4 2018. SPA includes a 1-year extension after this date (which would lead to Q4 2019 completion date). To this date, we have received no communication about a new completion date. It keeps getting extended and extended. The online portal says that the delivery is in May 2021. As this seems to be in breach of the contract signed, we would like to know the following: 1. Can we terminate the contract and recover our payments (40% has been made so far, and 60% due at the handover)? 2. The SPA has a clause of Force Majeure in it, but it states that: should an event of Force Majeure occur that delays the delivery, the seller must notify, as soon as practicable, the purchaser and communicate a new anticipated completion date - no such communication has taken place. Can the seller use the COVID 19 pandemic as an event of Force Majeure (even though COVID-19 took place months after the extended completion date expired)? Thank you for your advice! Questions & Answers
UAE
The importance of notarizing a partnership agreement in the UAE?
Q: Does a partnership agreement between parties need to be notarized in the UAE? Legal dictionary
All countries
Balance of probabilities
Evidence which is more convincing than evidence that is offered in opposition to it; standard of proof in civil cases requiring that one side’s case must be more likely than not when deciding on liability. Questions & Answers
UAE
Checking a possible travel ban or case by the bank before returning to the UAE
Q: My mum had debt cases before and served a prison sentence for them in 2011. After she got released, she went back to the UK. I live here and she wants to visit. I need to know if it`s possible for her to visit without running into problems. Questions & Answers
UAE
How to appeal a case after losing it while its first appeal is rejected?
Q: My employee has filed a case against me. I lost the case. The employee is claiming AED 54,000/- from the court. Dubai court has given a decision against me. In the "Petition for review - labor" section, I filed for an appeal which I lost again. I need to appeal again in order to file a case as he has forged my signature and his salary was AED 2700/- and all salaries are paid while he is claiming that AED 50,000/= was paid by him as company expenses. Questions & Answers
UAE
Can the employer force me to sign a statement to deny my EOSB?
Q: Good afternoon, If I break the company regulations and rules and my employer forces me to write a statement and include that if I do a mistake again I will not get my end of service benefits, is it in order? What can I do if I am forced and write the statement for the protection of my job? And if the company terminates me, is there a chance for me to get my end of service benefits? Thanks Questions & Answers
UAE
How to get money as per the final judgement when the company declares bankruptcy?
Q: I have won a labour case from the Abu Dhabi labour court against my company and execution has done during Nov 2020 but the money is not yet received. The company is now working. If the company will declare bankruptcy now, what are the chances of getting my money as per the final judgement? Questions & Answers
UAE
What are my rights in case of termination after completing probation period?
Q: Hi I completed my probationary 6-month period out of 3 years contract and after 2 months, my company didn’t want me to work anymore and I don’t have a job right now. They don’t want to terminate me, instead, they want a settlement. They offered me my 25 days pending salary, 2 months accommodation pending allowance and leave pay. I refused and asked them for money as negotiations but they keep delaying it. My question is 1. Can I ask for compensation from them while negotiating the settlement? 2. Should I file a complaint against them for not cancelling my visa? 3. Is it good for me to wait for the settlement and wait for the cancellation? 4. Why they don’t want to terminate me? 5. Approximately, how much should I get from the company if I file a complaint for damage? Questions & Answers
UAE
How to check possible cases by the bank before renewing your visa
Q: Hi. I just need advice. My friend lost her job for more than a year now since the pandemic started, and unfortunately, it affects her credit card obligations. Her credit card debt as of January 2021 reached AED 20k already and she has no way to pay it since she has no work. Right now, she is currently holding a visit visa while trying to find a new job. Next week she is about to renew her visit visa and she is afraid that she won`t be able to obtain a new visit visa due to her credit card debt and thinking that she might be in jail. Please help me, how can she solve her problem? What actions should she do so she can renew again her visit visa? How can she know if the bank already filed a case against her and what can she do about it? Thank you so much in advance for your help! Questions & Answers
UAE
How to get a police clearance certificate while being outside the UAE?
Q: I had a loan which I have settled and paid off. Now the bank is telling me that they will clear it but I need to have a lawyer go to court on my behalf. I am not living in the UAE anymore and I only need to get a police clearance certificate (PCC). Do I need to get a lawyer to get the PCC? Or will the bank clearing be enough? If I do need a lawyer, how much will it be? Questions & Answers
UAE
Would a promotion offered with less salary be considered constructive dismissal?
Q: Hello, I am originally from the UK and relocated to Dubai in 2004 when my company established a new office. I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role. Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain. I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it`s a major drop in salary (basic salary would drop by 40%). There are no additional allowances. Currently, I receive basic salary + allowances. I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal? Questions & Answers
UAE
Obligation to serve notice period upon resignation for working on tourist visa
Q: I am working in a restaurant on a tourist visa. I resigned while still on the probationary period. Now they are asking me to do a notice period. What is my right as an employee for this matter? Questions & Answers
UAE