Self-help

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UAE

Employee rights in case of resignation during unapproved absence

Q: I work as an admin assistant for a private school in Dubai. A teacher joined us on 17.03.2017 as an Art Teacher. On 5th December 2019, She travelled to her home country on the demise of her mother with no official communication to any member of the SLT and Principal. On 3rd January 2019, she sent an email to the principal for extending her holidays till 20th January on the ground of medical leave. She didn`t come back at all yet. On April 18th, 2020, she sent her resignation via email. My question here, since she is under school labour contract and she didn`t serve her one month notice period, is she eligible to the end of service benefits? I would appreciate it if you could guide us with the legality of this matter. Thanks, S.
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UAE

Terminating the SPA of an off-plan property due to delay and COVID-19

Q: Hi I have 2 properties bought off-plan. Both are overdue. Both are above 90% completed & approximately 6-9 months overdue. I lost my job due to COVID-19 & can no longer fulfil my financial obligations. The properties are with [--------] & [-------]. Is it possible to win a case, cancel the SPA & get my money back?
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UAE

Filing a compensation case against an employer for accusing an employee of theft

Q: Hello, I was having a criminal case going on in Dubai court for the last 10 months and the case was filed by my employer regarding data theft but now the judgement has come up in my favour. I would request you to help me regarding whether I can file a compensation case against my employer. I was working in this organization for the last 3.5 years and resigned in Jan 2019, but they stopped employing me in the middle of the notice period. They told me that they will cancel my visa and clear outstanding dues. But it didn`t happen and then I filled a labour case and won. But in March 2019 they filed a criminal case and the judgement has come in this month as innocent from the first instance court. I was jobless for the last 1.5 years and I`m totally defamed in the market and can`t get a new job. Please advise whether I can file a civil compensation claim to cover my liability and wastage of money due to this case.
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UAE

Checking a company after getting a job offer

Q: Assalamu Alaikum, I have got a mail from a company and just wanted to know if its fake or not. The details are [---------] Abu Dhabi, UAE. Below is the contact information of the immigration attorney whom you are to contact immediately to obtain an Affidavit of Guarantee from an Abu Dhabi High Court. [------------]
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UAE

Filing a case and repossessing the property if the client defaulted on an installment

Q: I have a mortgage of 1.3m with a bank. It is a lease and the property is registered on my name. At the moment, I live outside the UAE and cannot sell the property because of COVID-19. There is a 40-day delay with payments - 1.5 installment is due. The bank sent me information to clear the outstanding amount within 1 day or they will start a police case and repossess the property. Is a 40-60-day payment delay long enough to start a police case and repossess the property? What can I do to avoid consequences? I can settle the outstanding amount within 15 days. I plan to sell the property when the borders get reopened.
Questions & Answers
UAE

Aggregator business's liability when gathering information from websites

Q: I am planning to start an online aggregator business in the UAE, specifically for electronic goods. i.e. when you search for, say, a mobile phone on my site, we will gather the information from all other platforms and let you know where you can find the cheapest one. I want to know: am I legally bound to tie up or inform the e-commerce websites whose links we will be using? Example: if you search for a phone on the website, we will compare and show prices of it on various platforms like Emax, Amazon, Noon, etc. for you to choose and make a choice. So, legally, where do I stand? Do I need permission or not? Since we are not selling anything so it is not under e-commerce rules. Please help!
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UAE

Winding down an LLC company and the liability of the manager after absconding

Q: Hi there Michael, I am a 24% shareholder in an LLC wherein the other shareholders are our local partner with 51% shares and the partner who is listed as manager on the trade license with 25% shares. The manager has absconded leaving behind unpaid VAT and other debts that are well over 30 days due (up to a year). No proceedings by creditors have been filed against the company and the MOA contains a general POA in favor of the Manager. I would like to wind down the company without going through bankruptcy procedures. My understanding is that the listed manager of an LLC is personally liable for the Company`s debts. I need advice about the procedures required to wind down the company. I do not wish to go through bankruptcy procedures as the finances and management of the company were being handled by the manager. I am just the creative director of the LLC. Please advise as soon as possible.
Questions & Answers
UAE

Staying in a flat free of charge after employment termination due to COVID-19

Q: The contract of my apartment expires on June, 30th. At the same time, my employer did not extend the new contract with me. I am a Polish citizen (Europe) and because of COVID-19. I have no flights to Poland. Do I have the right to stay in my current flat for about two months longer free of charge or do I have to pay to the owner? If so, how much should I pay? If not, then how to do it? Regards,
Questions & Answers
UAE

Getting information from abroad on a person arrested in the UAE

Q: Hi My boyfriend was arrested on the 29th of July 2019, it`s almost a year now. We don`t know if he has been sentenced yet We also don`t know what to expect when he does get sentenced. He was caught with a small amount of weed. Where can we get more information? We are in South Africa and don`t have any connections in Abu Dhabi.
Questions & Answers
UAE

Making an employee redundant and offering his position to a colleague

Q: My position was made redundant on 1 April 2020. The company stated restructuring as a reason for that. I was given a termination letter along with 4 other colleagues being made redundant from their positions. Meanwhile, one of the 4 colleagues whose position was made redundant has been offered and accepted my position (nearly the same job title) with a higher salary than mine. I served 30 days` notice. The last working day was 1 May. Considering the above, do I have legal grounds to file a claim for an arbitrary dismissal? Regards,
Questions & Answers
UAE

مطالبة الزوجة الوافدة بالطلاق للضرر مع حفظ حقوقها

س: زوجي يعاملني معاملة سيئة مع العلم أنني متزوجة منذ ٧ أشهر. لا يعطيني مصروفًا ولا يعاملني معاملة حسنة؛ بل يشعرني أنني خادمة فقط. لا أستطيع الاستمرار وأريد الطلاق، مع العلم أننا أردنيين تزوجنا في الأردن. ماذا أفعل وما الخطوات اللازمة دون أن أفقد حقوقي؟ ألغى إقامتي وجعلني على إقامته.
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Questions & Answers
UAE

Resolving dispute between company partners and accusation of fraud

Q: We have a partnership owned LLC company in Dubai - 60% shareholder in Qatar, 20% me & 20% another sleeping partner (we both are signatories in Dubai). Recently, the sleeping partner holding the same share 20% has accused me of fraud in the company. He stopped my monthly remuneration and asked me to give away my phone and car. Now, he went to telecom and complained about a missing SIM, the number I have been using for more than 5 years. I have been a working partner for more than 12 years, and now I am suddenly sitting in my office forcefully. How can this be stopped legally?
Questions & Answers
UAE

Cancellation of property purchase and claiming refund without contracts

Q: I paid 90% of a property that was meant to be complete in 2011. The original developer crashed & ran out of money. No contract was signed but the new developer took over in 2017 and the project was completed in 2019. The new developer has a record of my payments and I have all receipts. I have not signed any new agreement with the new developer. When the project finished it was nothing like what was planned. Can I claim my money back?
Questions & Answers
UAE

The implications of missing the date specified on a promissory note

Q: Hi, Do you have the latest update on the promissory note as per UAE law? I searched in Google and found the latest update as of 2017. What are the latest changes and charges related to the promissory note? What are the implications if the client does not abide by the date specified on the promissory note?
Questions & Answers
UAE

Requirement of a special agreement in case of lending money to a friend

Q: Hi, I have lent money over a period of time to a friend (without any interest). I do have a simple payment agreement duly signed by my friend that sets out the amount to be repaid on a monthly basis. I would like to know if there is a template for such an agreement that safeguards my interests in case of default and that is valid under the UAE legal system. Would appreciate your advice and guidance.
Questions & Answers
UAE

Renting the property of the buyer by developer without approval

Q: After completing the full amount, I am currently suffering a lot with the developer company as they have rented my apartment without my approval just one month before my handover date. Until now I am trying to get the rental income but day after day they are delaying and every time they provide excuses they have deducted lots of money for management FEE and service charges advance payments, even as I have mentioned that the rent was done without my approval. Is there any way I can complain about such misconduct from the developer company? Please advise about my issue with the developer. I have purchased a unit in a project in April 2017 from an exhibition done by the developer in Oman. The developer sold me the apartment in Oman and they know that I am not a resident of the UAE and therefore do not have any bank account in the UAE and can never create a current account according to the UAE law without having a residence card. The developer asked me to provide bank cheques from a local bank.