UAE Legal Resources - Legal Advice Middle East

Bounced Cheque Scam while Selling a Car in the UAE

An interview-format article covering the topic of bounced cheque scams in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

The rights and obligations of a freelancer regarding gratuity and non-competition

Q: Good afternoon. The company terminated my unlimited full-time employment contract after 3 years, so not renewing my visa. I am working on my own visa now and continue as a freelancer. But they want me to sign their freelance/consultancy agreement with a clause that I am not allowed to work for any of their competitors (but they don`t provide me with a visa, medical, no benefits, even not giving me enough working hours). 1) Is it legal to ask a freelancer for this exclusivity? 2) How I can be a freelancer and not allowed to work for other companies? 3) What shall I do if I still want to continue working with them but need other jobs in other companies to have enough income to pay my bills? 4) Am I entitled to gratuity? Because they didn`t mention it. Thank you

The rights of an employee in case of termination for pregnancy

Q: Good evening, I have been working for this company in Dubai for almost 4 years now and I have received a bonus of good performance and dedication at least 2 times from my employer. I recently got pregnant and informed my boss. Note that this is my second pregnancy in the same company and I have worked very well with no absences or sick leaves. All of a sudden my boss sent me an email to terminate my contract stating the reason for termination as due to unsatisfactory performance. I would like to know if she had to right to do so knowing that I am pregnant. Thank you.

How to exit a limited term contract before the end

Q: Hi Sir/ Madam. I`m working as a civil engineer in Fujairah. I renewed my second visa on 26.05.2021. I`m resigning from my job and submitted one month notice period, but my agreement is a limited period contract and mentioned that: "Should either party desire to terminate the renewed contract, such party shall notify the other party of such desire within 3 months prior to the date of termination." Such period shall be similar for both parties. Both parties agreed that the termination wage to be paid by the terminating party to the other party shall be equivalent to the value of the worker`s total wage in 3 months. Such wage shall be similar for both parties. But my company informed me to work for 90 days. Please give me some suggestions to leave easily from the company. I am ready to compensate the company for the remaining 2 month notice time.

How can I return to the UAE if I got blacklisted for an unpaid loan?

Q: Dear All, I am wondering what if someone took a loan and left the UAE because of work loss (redundancy matter) for months and got blacklisted. He got a job offer in UAE again and wants to go back and pay all his debt. Will that be possible? Can the ban be lifted? Or what should be done in this case? Thank you

Legal Proceedings during COVID-19 in the UAE

An interview-format article covering the topic of legal proceedings during COVID-19 in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.

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The obligations of an employee for resignation during the probation period

Q: Good afternoon, I have been working in a hydraulic shop as a hydraulic hose technician. I`ve left the job during the probation period. My contract is unlimited. For leaving the job during the probation period: - Shall I pay the proportional costs of the visa? - Would I face a ban by MOHRE/Employer? - Shall I communicate 30 days before leaving? - Should It be as a mutual agreement between both parties, or I can quit the job without the consent of the employer?

How to reduce the 3-month notice period to one month upon resignation

Q: Hi Sir/Madam. I am working in a construction company. I gave a resignation letter to my company for one month notice. But in my agreement (should either party desire to terminate the renewal contract, such party shall notify the other party of such desire within 3 months prior to the date of termination. Such period shall be similar for both parties. Both parties have agreed that the termination wage to be paid by the terminating party to the other party shall be equivalent to the value of the worker total wage in 3 months. Such wage shall be similar for both parties. But my present company informed me that I am not allowed to go now. I`m allowed to go only after the completion of 90 days. Please can you give some suggestions on how can I be released from my current company?

Legal steps to file a compensation case against developer for misleading information

Q: Filing a case against the developer for compensation due to misleading information, delaying the completion and handover. I would like to see what are my chances to get compensation for all the misleading acts that the developer has done so far and also delaying the project. Thank you.

Leaving the UAE without resignation from work or giving a notice period

Q: My friend has left the UAE without resigning or a notice period. Her employer is chasing for applying a 3-month employment penalty. She has no outstanding debts or loans. Can they legally get this money from her?

How to revoke the power of attorney given to a lawyer?

Q: I had hired a lawyer for my divorce and unfortunately because of his incompetence my divorce is denied. The lawyer had failed to provide important proof that I gave him. I paid him already half of the AED 15 000, what should I do? How can I revoke the POA ( I don’t have the initial copy)?

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إنشاء شركة نشاطها المواد الغذائية والمنتجات البلاستيكية

س: السلام عليكم، أرغب في إنشاء شركة نشاطها المواد الغذائية والمنتجات البلاستيكية. السؤال الأول: ما الشكل القانوني؟ السؤال الثاني: هل يمكن الجمع بين النشاطين؟ وشكرًا!

What to do in case of property delay in handover and how to claim refund?

Q: Dear Lawyers, I have invested in two properties with a developer back in 2018 and paid an amount of AED 535,000 in total. The handover was due in Q1 2020. Until now the progress is showing 17% only on the DLD website which indicates they might not be able to deliver anytime soon. How can I get a total refund of my paid money and what are the legal steps that I should follow with the developer in terms of the notice period and everything?

How to calculate gratuity after reducing the salary?

Q: My question is how to calculate the End Of Service Benefits for an employee working in a private company with an unlimited contract? My basic salary was (on average) AED 9000 per month from the year 2009 to 2019, which is reduced to AED 5000 in a new contract signed in 2020. Unfortunately, the company has terminated me in 2021. Now, based on which basic salary my EOSB will be calculated; the first 10 years based on AED 9000 or last year (2020) based on AED 5000?

The consequences of resignation to join another company in limited contracts

Q: I have signed a limited-term contract of 2 years as an HR Manager. Can I resign before the end date of my contract to join another company?

فسخ عقد وحدة سكنية من جانب المستثمر

س: مرحبًا، استثمرت في وحدة بفندق بدبي وسلمت الشركة ثلثي المبلغ وتوقفت عن الباقي إذ أود فسخ العقد مع الشركة واسترداد مالي. ذكروا لي أنهم سيأخذون 40٪ من قيمة العقار ويعطوني الباقي. هل هذه النسبة صحيحة؟ أرجو إفادتي بأسرع وقت. مشكورين!

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