UAE Legal Resources - Legal Advice Middle East

س: رجل مصري يعيش في دبي. للأسف حدثت علاقة مع بنت من جنسية فليبينية وحدث حمل ووعدها بالزواج ورعاية الطفلة، وبالفعل تم ذلك في الفليبين ورعاها في فترة حملها على ألا يكملا معًا لأنها قررت ذلك وحدها بدون رأيه وهو لا يرغب بها كزوجة والآن ولدت الطفلة وعمرها سنة و٨ أشهر وهو يرغب في الانفصال عنها. هما في دبي والطفلة عند أهل أمها في الفلبين. تحبه حب امتلاك ولا توافق على الانفصال وتعتبر نفسها هي والطفلة شئ واحد؛ إما معًا أو أنه لن يرى ابنته أبدًا وتفضحه؛ حيث إن أهله لا يعلمون ولا أحد يعلم حتى الآن وذلك عكس ما تم الاتفاق عليه من البداية. إن تم الطلاق في مدينة دبي، فكيف سيكون القانون وما حقوق كل منهما في ذلك وفي الطفلة؟ وما سيحدث إذا رغب في الزواج من أخرى حيث إنه مسلم و يحق له ذلك؟ وماذا لو غيرت رأيها إذا علمت بذلك وطلبت هي الانفصال؟ كيف ستكون التسوية؟ وما حقوق الأب في ابنته؟

Delaying salaries till the end of the current COVID-19 situation

Q: I talked to my boss last night about my salary because it is more than 10 days late. He said that he will pay the salary after lockdown. He also told me that if I want, he will go to his home to get the money and after that he will terminate my contract. It is possible? I have 2 years limited contract and I am now 10 months in the company. Please help!

The validity of a nominee shareholder agreement in the UAE

Q: Hi, Would a nominee shareholder agreement be considered as a violation of the Commercial Companies Law in the UAE and be punishable?

Giving child custody to father in case of divorce

Q: Hi, In the case of divorce, child custody will go to who? I am the mother and my baby is 5 months old. Is there a chance that the child will be given to the father? And what are the reasons if the child will be given to the father and not the mother?

Consequences of leaving the UAE without canceling the employment contract

Q: I have been in Dubai 2 years ago. I left the country before the end of my contract with a hotel. I resigned after 4 months, they asked me to pay AED 5000 penalty. Instead of paying the penalty, I just left and got back to my country. Am I banned? Will I be able to work in Dubai in the future?

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Canceling an employee's visa while being in home country because of COVID-19

Q: My employer told me that I will be on vacation for 5 months in my home country due to COVID-19 pandemic, I am worried that they will cancel my visa because 5 months is a very long period. Is there any chance they cancel me when I am in my home country for vacation?

Inability to return to the UAE due to COVID-19 and its impact on work contract

Q: Dear Madam, I have worked for a company in Dubai on an unlimited contract since April 2019. At the end of March, I was sent home to Europe by my employer for my annual leave for the month of April. I had a flight ticket to come back to Dubai on May 1st, which is now canceled by Emirates Airlines due to the COVID-19 pandemic. What are the consequences if I can not return back to Dubai for the month of May as planned? Will it be legal for them not to pay my May salary, since it was the company’s decision to send me to annual leave during that pandemic? Thank you for your advice!

Preparing legal defense for a case between company partners

Q: My 50% partner registered a commercial case against me. During the case, the court ordered our company to be added as a litigant "ًخصماً مدخلا". Q1: Is the company a Plaintiff or a Defendant? Can the company make new pleas as Plaintiff and the court is bound to answer the questions? Q2: Who represents the company in the case? Both partners are 50% partners and both are managers of the company. What happens if one partner puts in a claim on behalf of the company and another partner puts in a completely opposing claim on behalf of the company? Q3: What happens if I put in a petition on behalf of the company, to drop the case which my other partner started against me? Q4: Can I go to court and submit two memos, one from me and one from my company?

Rights of the employee terminated on probation due to COVID-19

Q: I understand the issues employers face due to COVID-19. I have entered on a residence entry permit visa end of February. Last month, I was given a partial-paid leave and the employment contract was terminated on Thursday with immediate effect as I`m on a probation period I was told that the visa shall be cancelled as it will be expired in a couple of days. What are my rights? And where does it leave me with regards to immigration status?

Calculation of gratuity when transferring an employee on secondment to the UAE

Q: If we transfer an employee on secondment to the UAE from another country for a period of 3 years, do we have to pay gratuity as per UAE law? As per his contract in the country where he is transferred from, the company is liable to pay provident funds in the country. After spending 3 years, he will be transferred back. Is the company liable to pay gratuity? Kindly note that he is one of the executive cadre, not a workman.

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Delaying handover of an off-plan unit and seeking compensation

Q: I would like to seek your understanding of this clause in my SPA. I have an off-plan unit and the last completion date (when signed) was 29 Feb 2019. However, they informed that the new completion date will be April 2020. In March 2020, they informed me the handover is delayed till Nov 2020. ``The vendor shall prior to the Estimated completion date notify the purchaser of the designated completion date of the unit. (The `completion date`) The vendor may, at its sole discretion, and on notice to the purchaser given not less than 1 month before the completion date, extend the completion date to such other date as advised by the vendor from time to time provided that the total period of such extensions of the completion date shall not exceed 12 months from the first designated completion date, except in the case of force majeure.`` Please elaborate on this and advise if I am eligible for compensation after handover? Or even to get my 60% payment back from them. Thank you!

Protecting the foreign investor's rights when incorporating a company in the UAE

Q: I intend to participate in a boat charter company in which I will be the de facto 100% owner and supplying a boat for its operation. I understand that in order to be able to register the boat in the UAE and obtain the trade license, there has to be an LLC. However, to establish an LLC, a local person has to act as a 51% shareholder. Question: Can an MOA and AOA LEGALLY and in FULL CONFORMITY OF THE UAE LAW: a) define a GPA to me only to sell and deal with the assets (the boat) and receive the proceeds from a sale? b) restrict THE DIRECTORS and/or a Quorum of less than 75% of the Shareholder to sell assets (the boat) and borrow/commit the company to any financial obligations? Goal: the 51% local shareholder and the directors should not be able to dispose of the assets without my consent, and not to borrow or lend funds against the asset (the boat). What will be your cost setting up an LLC and drawing the appropriate documents incorporating the above? Please advise!

إدارة شركة التوصية البسيطة في قانون الشركات الإماراتي

شركة التوصية البسيطة هي الشركة التي تتكون من شريك متضامن أو أكثر يكونون مسؤولين شخصياً وبالتضامن عن التزامات الشركة ويكتسبون صفة التاجر، ومن شريكٍ موصٍ أو أكثر لا يكونون مسؤولين عن التزامات الشركة إلا بمقدار حصتهم في رأس المال ولا يكتسبون صفة التاجر. فالشريك المتضامن مسؤول في جميع أمواله عن التزامات الشركة.

Agreement with the employee to get an advance payment on gratuity

Q: Dear Legal Advice ME I own a company in DIFC which is struggling due to the current crisis and employees were given three months notice because the company will probably be forced to close. One employee is asking if he can take his gratuity early as his wife has lost her job due to COVID-19. Can I legally give him a loan against a percentage of his gratuity? He has worked for me for 16 years.

حقوق المواطنة الإماراتية عند الزواج من رجل غير إماراتي

س: أنا إماراتية. أريد أن أتزوج يمني. هل أحصل على بيت في المستقبل باسمي؟ هل يلزمني التنازل عن حقوقي؟ هل أستطيع أن أجعل أبنائي أبناء مواطنات؟

Self-help

Execution of a foreign court judgment in the UAE

الخلافات الأسرية بين الوافدين وحقوق الزوج عند الطلاق والقانون المُطبَّق