UAE Legal Resources - Legal Advice Middle East

Termination due to COVID-19 without paying compensation

Q: I’ve been made redundant due to COVID-19 after 4 years with the company. I’m employed by a private company under MOHR laws. Am I entitled to housing allowance? The steps under policy 279 before redundancy were not followed. Now my company is pushing me to sign a letter accepting redundancy. To top it off, they have kept a person who was on probation (6 months) for the same role (hired while I was on maternity) and never offered me the role at his reduced salary. I believe I’ve been let go as I’m now a mother. What are my rights here?

Employee's rights when being terminated during COVID-19 outbreak

Q: I have been working as a training sales manager for more than 18 months now in a university under a free zone in Dubai. My employer keeps threatening me that I will lose my job if no students enrolled for short courses within the COVID-19 impacts, however, I`m doing my job and others` jobs on a daily basis. He is still not satisfied with the results and keeps threatening me every day, I don`t know what should I do? Also, I need to know my rights in case they decided to fire me as they said that they can fire me without any financial rights because of the current circumstances! Please advice!

The legal status of a company after one partner passes away

Q: Hello, I have a company which I am running for 30 years and it is not LLC. It is 100% on the sponsor`s name and he was not keeping well. Unfortunately, he is no longer with us. Can his children tell us to leave? Could you guide me, please?

The precautions when working as a freelancer while being under 18 years old

Q: Respected sir, I am a student and I am 17 years old. Recently I found out that I can make some money by sitting at home and doing online surveys. I need that money so that I do not bother my parents with my small needs and also will, in turn, help them to save money. My question is that: is it legal and safe to do these online surveys? On the website, it is mentioned that if I am above 13, I can do these surveys. Please guide me! Yours Respectfully,

Action against the developer for violating the rules of escrow account

Q: Hi, What action do I take if a developer has accepted cheques from me (towards my 30% off-plan payment plan) that were made payable to the company (and not payable to the specific escrow account for the developer`s project I am buying from)? Is this illegal and voids my SPA contract with the developer? Thanks for your advice.

Right of the wife to move with children after divorce

Q: We are in the process of getting a divorce and we have 3 kids. Custody will likely be given to the wife and guardianship to father. Can she take the kids and move from our current home in Dubai to Abu Dhabi just because she works there? Our family has lived in Dubai since 2004, my current job and kids school are also based in Dubai. Please advise.

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Inability to pay rent while the landlord is insisting to evacuate the tenant

Q: Good morning, sir, I am in a situation where I am unable to pay my rent. I am living in bed space. I have pleaded with my landlord to give me some time so I can pay his rent, but he refused. I have a delay in payment for 4 days now and he is insisting on throwing my things out. Is there any notification in this case? Please I need your advice!

Claiming compensation from developer for delay in handover

Q: I have purchased a property off-plan, which was due to complete Sept 2020, however, the project has been delayed and not even reached 10% completion. And now with the COVID-19 situation, the developer has decided to prioritize other projects and informed me the unit I purchased will be delayed as a minimum for 2 years. But to make good by me, they are offering me a unit in the sister development for the same price, which is one of the projects they are prioritizing to complete. But they are only offering it to me at the same square foot price as the other unit, and this unit is slightly smaller too. Also, this project is anticipated to complete q3 2021, which is 18 months later than what signed up for with the first unit. I want to understand what compensation I can claim as I feel they are not offering to be adequate compensation for the delay and nor doing be a deal on this unit. Please advise. Just to highlight the delays to the first project were before this COVID-19 issue.

عقد سنوي لتقديم الخدمات القانونية لشركة مقاولات

س: كم تكلفة عقد سنوي لشركة مقاولات بحيث يشمل هذا العقد القضايا (المدنية والجزائية والعمالية) وأيضًا قضايا تحصيل الديون؟ علمًا بأن حجم القضايا يترواح بين (5 إلى 10 قضايا) ولكم جزيل الشكر!

مطالبة صاحب العمل بباقي المستحقات رغم عدم وجود عقد عمل

س: حصلت على عرض عمل في شركة وأنا مخالف الإقامة، ومضيت معهم 40 يومًا، وبعد ذلك قامت الشركة بسحب عرض العمل. طالبتهم براتبي، فدفعوا لي نصف الراتب، ولم يدفعوا لي الباقي ويقومون بمماطلة الدفعة الثانية. ما الحل؟

Assistance with the side agreement while establishing an LLC

Q: Hi, I`m starting a food import company in mainland UAE where my Emirati partner (a close friend) will have 20% and I will have 80%. We`re gonna take care of the company creation in DED and trade license application. At which stage are we supposed to draft the ``side agreement`` and sign the power of attorney? Can we create a company where I will have 49% of the shares and register it with DED and then draft the side agreement (80% - 20%) and power of attorney in a second step? Thank you

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The liability of canceling or renewing a residency visa

Q: Dear Mr. Al Banna, Hope this finds you in great health and cheer. My residency visa expired on 13.11.2019 because the company was not willing to renew nor cancel my visa. Can I know who is liable in this case? what would the outcome be? Thank you!

Is it legal to reduce the salary and gratuity of an employee

Q: In the situation of the pandemic, my employer wants me to sign on reduced pay and calculating everything based on that like gratuity, unpaid leaves and notice period salary. What can I do? Also, how much will be the legal fees to fight a case?

The liability of canceling or renewing a residency visa of an employee

Q: Good evening, My residency/work visa expired on 13/11/2019, but the employer is not willing to renew nor cancel my visa. Is the company liable or is it my liability?

Claiming labour rights at the expiry of a limited labour contract

Q: Hi Sir / Madam, Please help. My employment contract was limited and expired on 26 Mar 2020, which I did not renew. Now it`s 20 April 2020 almost one month and my company has not provided my end of service benefits, leave salary and exit ticket to the home country. The company is forcing to sign and threatening that I will be responsible for the fines if I did not sign the cancellation papers. They are not even showing the final settlement amount just claiming we will be providing all things after cancellation only. Kindly advise.

Facing a criminal case after defaulting on a bank loan

Q: Hello Madam, I have the criminal case against me due to the cheque bounce for the amount of 207,000. I was jailed for one day and later I have been to the court and paid the penalty of AED 10,200 I was paying the loan on time and I lost my job suddenly and my outstanding money with the bank was AED 33,000 debited and my EMI was 4,967. I was jobless for six months and came back to the UAE again and wrote a mail on the situation and told that once I will get my salary I will pay. But the bank has deposited my cheque and got bounced. Now the collection department is calling me daily to close the amount. My outstanding is only 90,000 but they are asking for 104,000. They want to put a civil case against me. Is this possible? Kindly give me the solution, how can I handle this situation or should I wait for the civil case and let the court decide? Thanks & Regards C. A.

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