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Questions & Answers
UAE

Filing a complaint against an employer for not processing an e-visa

Q: How can I file a complaint against an employer for not processing my e-visa? I got a labor contract and an offer letter from the employer.
Questions & Answers
UAE

Following up on a labor case after traveling to the home country

Q: After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period. I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me. I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well. I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Questions & Answers
UAE

How to guarantee labour rights before signing the cancellation paper

Q: Good morning All, I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020. Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan. The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE. They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee. The company that I worked for is located in Dubai and is a private organisation.
Questions & Answers
UAE

How to guarantee my right in accrued leave days or payment

Q: Dear Sir, My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off. However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets. My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Questions & Answers
UAE

حق الحفيدات في إرث جدهن إذا توفي والدهن قبله

س: هل الأبناء من الإناث يرثن من الجد وأبوهم متوفى قبل الجد؟
Questions & Answers
UAE

Labour entitlements the employee is eligible to before singing cancellation

Q: Assalamo Alaikum, I have a question. My company wants to cancel my visa. It`s an unlimited contract. Currently, my visa validity shows until 30-01-2021, extended due to the COVID-19 crisis. Originally, it was supposed to expire at the end of this month. The company has not settled my gratuity. I would like to know what all benefits I`m entitled to if they cancel my visa are. They have sent me a visa cancellation form which I have not signed as of now.
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Questions & Answers
UAE

Suing a foreign bank in UAE courts while all agreements are signed abroad

Q: If a UAE resident (natural person) signs a loan agreement (simple Lombard loan agreement with the pledge of securities at the same bank) with another jurisdiction bank (e.g. in a European Union country like Austria), and if a conflict occurs between the bank and the UAE resident natural person in the future, could he sue the bank in UAE court jurisdictions even though all loan agreement documents signed in Austria by just referring Austrian court jurisdictions at the loan agreement and even though his financial assets are invested and pledged at an Austrian bank account? Best regards,
Questions & Answers
UAE

Presenting the guarantor cheque if the loan original cheque bounces

Q: My bank presented my cheque which bounced obviously. It was against a loan amount, they had taken a cheque from my guarantor for the same amount. Can they present his cheque? And is it legal to present two cheques for the same amount and for the same loan account?
Questions & Answers
UAE

Can the tenant prohibit the landlord from accessing the property?

Q: My tenant has served 90 days notice and expressed his intention not to renew the tenancy. I did offer a rent reduction and also monthly payments, however, he insisted that they will move out and return to their home country. We had agreed on a time for an agent to visit and take photos to market the property, however, they are not allowing me or the agent to access the property. Further, he has not accepted any of my many calls or responded back to messages. Where do I stand legally in terms of gaining access, especially as he has served a written notice to vacate? My objective is to ensure that I do not have an empty villa once they leave given the tough economic times.
Questions & Answers
UAE

Labour complaint against the employer for deducting visa change fees

Q: I have just been hired last April with unlimited contract and 6 months probation. I have a question about visa and processing costs. After signing the job offer, they asked me about my attested documents and my passport, so I gave the original for the processing. Then I started working on May 3. Today May 31, I have received my employment visa and expecting to receive my first salary. However, our accounts told me that there would be AED 559 deduction due to Visa Status Change (Which I believe that employer should be the one covering the fee). In addition to this, I have also paid AED 210 for the translation of my papers. Until now, all original documents are with my employer. I plan to resign if he insists on the deduction. Questions: 1. Is it legal to charge me 559 for visa status change and 210 for translation? 2. Should I take my original documents from him? 3. If we have an understanding and we cannot agree, can I not continue the employment? I am still under 6 months probation period.
Questions & Answers
UAE

The requirements to set up an equity crowdfunding platform in DIFC

Q: I would like to know the answer to the following: (1) What are the requirements to set up an equity crowdfunding platform in DIFC? (2) If there are any limitations on international investors and where international investments should be done.
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Questions & Answers
UAE

Arbitrary dismissal of a pregnant woman in the time of COVID-19

Q: Please help me with the below scenario. I had worked with a company for 2 years and 11 months. I was terminated on the basis of redundancy on 2nd March 2020. They gave me one month notice period which ended on the 31st of March 2020. I completed the notice period and I do understand the situation due to pandemic. But in my situation also, my company knows that I am pregnant and it is very difficult to face this kind of situation. I just want to know what shall I do and what are the benefits that I can get from my company. Please I need your advise and help to solve this. I will deliver by next month and hope to be in good health. Thank you and hope someone will answer my concerns and will not stress my self in this situation.
Questions & Answers
UAE

The rights of a foreign investor when the unit is not delivered on time

Q: I bought a studio. According to the SPA, the unit must have been handed in December 2019. As I understand, developers in the UAE have 1 year grace period so, technically speaking, the project must be completed in December 2020. However, according to the project tracking website, the likely completion date is Q1 2021. When I enquired about this, they are reluctant to comment on it. As a foreign investor, what are my rights in this situation? The project is only 47% complete thus far. Thanks!
Questions & Answers
UAE

Changing the legal structure of an LLC to full foreign ownership

Q: Hello. We have an LLC company where 49% is owned by an overseas company and 51% owned by a local partner. We are not doing any transaction with this company and hence would like to make a representative company with an overseas company owning 100% of the shares. Can we change an existing LLC in Dubai to a fully-owned entity limited only for marketing activities?
Questions & Answers
UAE

Continuing work after the expiry of a limited contract without renewal

Q: My limited contract has finished on 07 April and I`m still working and receiving my salary, however, my employer hasn`t notified me yet about renewing the contract. In case he does not renew my contract, am I entitled to receive compensation for not being given an earlier notice for non-renewal?
Questions & Answers
UAE

The consequences of terminating staff due to COVID-19 pandemic

Q: If the employment contract has a clause that either party can terminate the contract with one-month notice, using this clause, can an employer terminate a staff without mentioning any other reasons or should we specifically mention that due to COVID 19 unfortunate situation we need to do a staff redundancy? If so, are there any specific criteria or documents to be kept for selecting those staff?