UAE Legal Resources - Legal Advice Middle East

When do you consider a civil or criminal claim time-barred

Q: Reviewing this article and UAE FL 18 of 1993, Article 95 CTL states 10 years for commercial obligations between bank and person (trader): I would like to know if the statute of limitation (time-bar) can be brought up in court for defence if the verdict by the initial court is issued in 2010 (10+ years ago) and nothing has paid by the debtor after the execution of the verdict. Exp: If a case has a time table like below, can the defendant still use the law in relation to time-bars? - Case opened in the UAE initial commercial court: 2010 - Case reached a verdict in absentia (UAE commercial initial court): 2010 - Case is sent to Execution court and remained there ever since: 2012 If nothing has changed and no payment is made, am I right to assume that after 10 years (2021), this claim is time-barred and the defendant can use the statute of limitation as his defence with the debtor?

What is the effect of unpaid loan in the UAE on travelling to other GCC countries?

Q: I left Dubai in 2017 & I have a loan amount of 35 to 40 thousand USD from a Bank. Now I want to travel to Qatar for work propose. Can I travel to Qatar? If I tell I can work & pay the debt from there.

How to sue the employer for reducing salary without a valid reason

Q: Good morning, I am planning to file a complaint against my employer who has not paid me a housing allowance similar to my male colleagues at equivalent positions on account that I am a woman living with her husband. I have 3 questions: - What is the impact of filing a complaint with MOHRE on my employment visa? - Am I compelled to stay in the country until the matter is solved? - And can I claim retroactive payment for all the unpaid housing allowance amounts? Thank you for your advice.

Employment Issues and Laws During COVID-19

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

Clearing a criminal case of a bounced cheque to obtain a PCC

Q: Clearing a criminal case of a bounced cheque to obtain a PCC I have a current police case in Abu Dhabi due to a bounced security cheque of AED 200000 from a bank for my Loan. I have cleared all the outstanding dues as of Feb 2021. I am outside the country, and I have just applied for UK immigration. I want to remove my police case and get a police certificate for UK immigration. I have received a judgment against me to pay the 10000 AED fine. If I pay the fine amount online, will I be able to obtain the PCC?. Thank you for your help!

Checking the criminal system before traveling abroad

Q: I have a question. A company had put a case against my company because there was a disagreement between both of us and we went through the whole procedure of court dates and the judge pronounced his verdict. Now, I want to travel for a business visit to a factory based in China to get products to supply in Dubai, I would like to know if there will be a travel ban or I will be arrested at the airport during immigration.

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How to claim gratuity and unpaid salaries after termination for COVID-19

Q: I am employed in a private firm and my visa is from Umm Al Quwain. As a result of the current pandemic, the company asked me to be on long unpaid leave and agreed to pay my pending salaries along with the employees still on the payroll. Now they have sent a termination letter as my visa is expiring this March `21. However, my salaries for 4 months are still not paid. I can register a labour complaint. In case it is not resolved through MOL, then it would be referred to court. This would take some time and my visa is expiring, so there are sure chances of overstay fine. Who will bear them and also the legal charges, if any? Also if I get an opportunity to work with a new organisation, would there be any issues with a new employment visa? Look forward to your kind suggestions. Regards, L. R.

What should you do if the employer refuses to give a copy of labour contract?

Q: Hello, Actually, I got a job in the UAE and right now I am working in a private company. Anyhow, I signed the labour contract without reading that because they didn`t give me time to read it. But we forgot about that. Now I got the visa from the employer. I have mailed to my owner and management to send the labour contract copy of mine, which I signed already. But they are saying, it`s confidential I can`t send it by mail or anything. If you want to see that labour contract come to the Dubai office and check that. Right now I am working in Abu Dhabi. They are not even paying also. Could you please give me some idea? Is it a fact what they said, that sending a labour contract is confidential?

تنفيذ قرار قضائي في الإمارات بعد ختمه والمصادقة عليه في السعودية

س: تحية طيبة، صدر قرار قضائي من محكمة التنفيذ في الرياض بإلزام المنفَّذ ضده بدفع مبلغ (.........). من المعلوم أن قرارات قاضي التنفيذ في السعودية نهائية غير قابلة للاستئناف. المُنفَّذ ضده سوري الجنسية ولديه إقامة في الإمارات وهو شريك في شركة مقاولات مقرها دبي بنسبة 49%. ما الإجراءات الواجب اتباعها لتنفيذ القرار القضائي في الإمارات بعد ختمه من وزارة العدل في السعودية والمصادقة عليه من وزارة الخارجية السعودية؟

Interrogatories

A series of questions addressed to the other party in proceedings intended to elicit answers to issues in the proceedings, which must be answered in writing and usually under oath.

How to reduce the amount of rent after job loss due to COVID-19

Q: My mom has a case filed by our old real estate company. She lost her job and her sister during the Covid pandemic. Now, she found a new job and is trying to apply for an employment visa but she got rejected because of the existence of a court case. Is there any way to reduce the amount? Is amnesty an option we can take? What are her options?

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Can the employee claim compensation from employer after winning a labour case?

Q: Hi, I have won a labour case (execution in progress). Can I file a civil claim against the company and the person who represents the company asking for compensation or not?

An ex-wife keeps the rental paid for accommodation and lives with her family

Q: Greetings, I have been divorced since 3 years and have been paying my ex-wife yearly rental and have found out that she and my children are staying with her family instead of renting an apartment. This means that she has been saving money. When I questioned her, she said that it`s her choice and also refusing to provide a house contract that she is renting an apartment. She is now demanding full rental payment and threatening to go to court to make a complaint. What can I do in this situation? Can I report to the court about the situation or request them to investigate this matter before she makes a complaint or let her proceed and inform the court about the situation once I am contacted and questioned?

Leaving family without passport to start a freelancing business

Q: Dear lawyers, I am a UAE citizen (21F) and I`m planning to leave my family to live by myself and start a small freelancing business with a partner, but my passport is with my family and I cannot get access to it. I was thinking if there is any way possible if I can leave without my passport and try to get it later or maybe get a new one later on. I also wanted to know if my father can do something with my passport against my will.

Transferring money from the US LLC company to the personal Emirati account

Q: Hello, I am a resident of the UAE. I own 2 businesses; a Freezone company in Dubai for my consulting activities and an LLC in the USA for my commercial activities. So I have 2 business accounts, one in the UAE for my Freezone and one in the USA for my LLC. Do I have the right to transfer funds from my US LLC directly to my personal Emirati account? Will these funds be considered as salary or dividends? Do I have to produce documents? Thank you in advance!

The maximum period of ban after resigning before the end of a limited contract

Q: Greetings! I am a home care nurse for a private company here in Dubai, worked for 1 year in service under a limited contract. Due to some problems with my DHA licensing, I cannot proceed to apply for the license unless I decide to go back to my home country & fill in my gap year there. With this, I decided to talk to my employer that I want to resign so I can make use of the DHA RN exam that I passed when I come back here again next year. But unfortunately, they told me I cannot resign because they helped me process the exam and funded it even though all the expenses were deducted from my salary. They told me if I do so, I will have to pay the cancellation fee & the 45 days salary which I am willing to pay. I am planning to come back here to Dubai after a year, so I would like to ask if the company can ban me from entering and applying here again? Thank You!

Self-help