UAE Legal Resources - Legal Advice Middle East

Q: Dear Sir/Madam, Greetings! I am working in a fit-out company as a project coordinator. Due to the COVID-19 pandemic, my company issued a letter stating that our salary is reduced by half. But the problem is that the company is showing a full salary in WPS and not issuing my salary cards. I requested them, not to do this, but in vain. I have bank loan payments and home rent pending. And unfortunately, I can`t take any advantage of the UAE Government benefits in this crisis, because I don`t have any salary slip to show I am getting half salary. I am very tense and afraid. Please advise me, how can I solve this problem? Thanks A. K.

How to defer bank payments of mortgage due to COVID-19

Q: Good morning My husband lost his job last year in October after 15 years in Dubai. He continued to pay his mortgage without giving any excuse to the bank till now when COVID-19 happened. He is on my visa. We want to defer mortgage payments for a few months. Kindly advise what should we write to the bank in this regard as they are demanding the payment now. We received the email this morning. I would like to mention that we have been paying the mortgage regularly. Best Regards

Claiming back the fees paid to DLD after swapping a property with a different unit

Q: I purchased an off-plan property a couple of years ago from a Dubai based developer. After multiple delays, the developer has agreed to allow me to withdraw from the SPA and swap with another unit they are offering in another building that has been handed over. As part of the cancellation, am I allowed to claim back the 4% fee I paid on the original property from DLD?

A case for failing to hand over the key at the end of tenancy

Q: I had a flat from Nakheel in International City, Dubai. I moved from the UAE because of some domestic reasons and left with one family until the contract ends, but they didn`t hand over the key to Nakheel as promised. I even informed Nakheel about my situation by email and also sent them the final bill. Nakheel filed a case and won. I want to resolve this matter. Please advise the effective way and how you can help?

الوضع القانوني للعقد محدد المدة عند انتهائه وعدم إلغاء الأطراف له

س: هل يُجدّد العقد المحدد بسنتين تلقائيًا في حالة عدم إنهاء الشركة لعقد الموظف؟ وما الفترة المسموح بها قانونيًا للتجديد التلقائي للعقود؟

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التحقق من حساب الوالد في البنك وسحب أمواله بعد وفاته

س: السلام عليكم ورحمة الله وبركاته والدي مصري كان يعمل بوزارة التربية والتعليم الاماراتية منذ فترة 25 عام تقريباً وكان له رصيد في بنك وكان ينوي السفر لسحب الرصيد ولكن لم يشاء الله رب العالمين وتوفى والدي 8/4/2020. حالياً هل أستطيع أن أعرف هذا الرصيد بأي بنك موجود؟ أيضاً، هل يمكن أن أسحب الرصيد؟ مع العلم أن الوالد توفى دون إبلاغنا باسم البنك أو حجم الرصيد.

Possible case of fraud with corporate bank accounts

Q: I have filed a bounced cheque case in Sharjah courts. The judge appointed an expert meeting. In the application forms, I found out that my brother and the relationship manager of the bank opened a bank account under a company name in FZE. They used my signature on the application form and put the company stamp of one of our other company FZC which I am a partner in. But the bank statement of FZE shows the account`s opening date of 2009. Whereas the trade license shows it was formed in 2011. So how can he open a bank account in 2009 if the company was formed in 2011? I have a copy of the audit report signed by my brother showing the profits in the FZC. which he took as a dividend and transferred the funds to the FZE which he is 100% shareholder on the audit report. But the company bank account is in my name. He has transferred all the funds into his own account. As you can see that there is only a difference in the spelling word C and E between the 2 companies. Waiting for your reply.

Getting unpaid vacation days when being terminated for cause

Q: Hello, I would like to ask about pending vacation days under UAE labour law. If an employee is terminated for cause and they are not entitled to gratuity, does this mean that they are not entitled to get paid for their pending vacation days either? Thanks in advance for your assistance.

Safeguarding the transfer of assets to family after death

Q: I have some savings in banks and national bonds in my name and gratuity with the company. I am working in a private sector company in Dubai since 2013. I have 2 minor kids and a wife in Dubai. Can anyone advise what is the best plan to safeguard them if anything happens to me? Thanks

An unresponsive employer and the execution of court decisions

Q: I have filed a labor case in Sharjah Court against my employer for not paying 20000 AED/6 months. I have attended almost 6 hearings until now. But, my employer didn`t attend any of the hearings at court and also never replied to any notice from the court. Finally, the judge has asked me to put the legal summons in the newspaper. My questions are: 1. What will happen if he is not replying to this newspaper notice also? How am I going to get the money? 2. Some say that the court will distribute the money from your company security deposit, is this true? 3. Will he face any legal action for this case? Ex: Account ceases, travel ban (Because he seems to be like running away from the country), anything like that.

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Rescheduling the payment of a rent because of COVID-19 outbreak

Q: Please advise on this case as a landlord. My tenant informed me that she has lost her job because of COVID 19 and wants to delay the rent cheque due this month. On asking for how long she wants the delay and what is her plan for the future, she said that she does not want to pay for 3 months and then continue payment after 3 months. She has no plans to leave Dubai or the property; her whole situation is uncertain because of the current situation. The property is a townhouse in Dubai. Please advise what should I reply to her? Quote from her email (Please ask the landlord to either send back the 15th April cheque or maybe overwrite it and send a picture. My kind request is to freeze the payment for the period of 3 months and continue payment from the next cheque on the 15th of July. As for your question, I do not intend to leave Dubai, and I hope the situation will get back to normal soon, so I will be able to get a job.)

Consequences of resignation with notice period in limited contracts

Q: Hello, I am working in a security company based in Abu Dhabi as a Security Guard since Jan 17, 2020. I have spent the last 3 months here but the company has just paid us a few expenses and the job has not started yet. I paid around 16k AED for this visa. I have a 3 years visa (with limited employment contract) and Emirates ID. I don`t have any labor card. 1. Is it a free zone company? how do I know? 2. I want to resign with notice period, is there any ban on me when quitting this job, or would I change my visa to any other free zone or any state of the UAE? Your suggestion and advice will be highly appreciated and helpful to me. Thanks!

Claiming refund of money paid for a service due to Coronavirus

Q: Hi, I`m L. My story is I paid for consultation services going to Poland for a work permit. I initially paid AED 3k last Jan. 30 and said the other amount which is 3k will be paid on Feb 28. I`d sign an agreement after the initial payment then just 2 days I realized I need the money, so I asked for a refund. I called the agent I was talking to, which she says at first that she was working for 12 years on that company, did not know about refund and have to wait for a week to answer the question. But then 1 week had passed, I called again and it was not her who answered the call, and told me she was on vacation. So, I decided to go there and ask the reception regarding the refund and she answered that she doesn`t know. Before I went there to ask about a refund, I have already read it. There is refund but should be within30 days from the 1st day of signing the agreement. So I told her I have read that there, how come you don`t know? And I already sent a notice that they should answer my questions regarding refund and hoping I could get. The notice letter which told them to answer my questions regarding a refund, I made it myself though browsing. Let`s get back to the story, so the receptionist there gave me emails and numbers to contact, it was written there contract department and legal department. Well, before she gave me those emails, the agent I was talking to had given me the legal department email address which I sent the notice letter. So the receptionist told me to wait for their response but a week had passed, and no reply at all. This agency was sending me a notice to pay the remaining balance which confuses me because I was refunding the money. Then sent me a legal notice after a week which now I didn`t ignore. For the first time, their legal department had a response but a legal notice. What is this?. So I replied to that, I had a long message that I request a refund and will not expect to pay anything because just 2 days of initially paying I request for a refund because I need the money to help my loved ones and we are on a pandemic situation. My questions are, were actually two and both paid on the same date but he`s the only one who receives email that he needs to attend a civil dispute on Dubai courts on April 21, any help or actions he can make? For me any legal actions I can make before they send me email against me which clearly I should be the one submitting a complaint.

Resignation from a hospital to take another governmental offer

Q: I am working as a registered nurse in Abu Dhabi in a reputed hospital. Recently, I got an offer from a government hospital. I am planning to resign from my hospital, but they said that they will issue a 1-year ban against me and I need to pay 3 months salary. My contract is limited and I have just completed my 2 months. Would anyone give me a clear idea?

حقوق الأطراف في عقد المضاربة من حيث الربح والخسارة

س: هل يتحمل كلا الطرفين، في حال وجود عقد مضاربة بينهما على مبلغ مالي، الربح والخسارة أم يعتبر دينًا على أحدهما في حال الخسارة؟

Self-help

الإجراءات المطلوبة لبيع عقار بعد وفاة الشريك خارج البلاد

Reducing salary by the employer and keeping it the same on WPS