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UAE

Claiming pending labor dues while being in home country

Q: I am a newly resigned hospital employee here in Abu Dhabi, I have salary pending for the following months as enumerated below: June 2019 AED 10,000 July 2019 AED 10,000 Oct 2019 AED 10,000 Nov 2019 AED 6,500 (given AED 3,500 only) Dec 2019 AED 6,200 (given AED 3,800 only) Jan 2020 AED 7,400 (given AED 2,600 only) Excluded from those pending salaries are my gratuity pay (basic pay of AED 2,000) and my leave pay for the year 2019 of 45 days wherein I was told to receive the payment at end of service. I intend to go home immediately to my country and come back later to claim the settlement from the hospital because it is difficult to sustain life here without any source of income. What would be the possible best course of action I could take? Thanking you in advance!
Questions & Answers
UAE

Fixing damages to an apartment caused by water leakage when the tenant was absent

Q: Hi Raluca, I`m facing a problem with my landlord and I hope you can assist me. While I was away on business (for 5 days), the water heater tank in my apartment broke (through no fault of mine) and caused leakage damage to my apartment and two apartments below mine. My landlord is saying that the cost of the damage caused (approx. AED 15,000) should be paid by me because I was absent from the apartment during the time of the leakage and thus responsible for it. As you can imagine, I am contesting this. The lease states that the landlord is responsible for maintenance repairs of over AED 500, except where they are caused by the tenant. If you could assist me, that would be much appreciated.
Questions & Answers
UAE

Renewal of the residency visa to stay in the UAE during COVID-19 outbreak

Q: Hello there, This is an issue that has come from Covid-19 and I am in desperate need of assistance. I left my last employment a month ago and was moving to a new job. This was then withdrawn once I left my last employment due to Covid-19. I am now in the country not wanting to leave but my residency visa will expire on the 27th, March. I can`t go home to Germany as the outbreak in Europe is very bad. What can I do to get either an extension or a travel visa without having to travel at this time?
Legal blog
UAE

What Can I Do If I Have a Dispute With My Joint Shareholder?

An interview-format article covering the topic of shareholder disputes in the UAE and pre-emptive measure to be considered. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Questions & Answers
UAE

Requesting judge's guardianship to marry

Q: My father abandoned us and I want to marry a Muslim man. How can we go on the marriage process?
Questions & Answers
UAE

Banning an employee after exceeding vacation period in home country

Q: I have completed 11 months as a general accountant in Dubai. During the last month of my first year, I had to leave for family matters. After leaving, I couldn`t get back to Dubai due to family problems and the international pandemic COVID-19. My boss shouted and informed me that he will ban my visa permanently. Is this possible?
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UAE

The effect of an old TB scar on wife's residence visa issuance

Q: Hi, I am sponsoring my spouse and daughter for a UAE residence visa. I am here with a work permit and my spouse is currently here with a visit visa. My wife has an old TB scar (18 years before) which is cured. Can this lead to any issue regarding visa approval for her? Thanks and Regard,
Questions & Answers
UAE

Termination of off-plan apartments' contract without sending written notice

Q: I purchased 2 off-plan hotel apartments in 2016; both ACD Q2, 2018. One is 100% paid, the other is 30% as per the SPA. According to SPA: "Without prejudice to the Seller`s rights under Clause 21 in respect of a Force Majeure Event and/or Foreign Delay Events, the ACD may be extended by the Seller, in its absolute discretion without cause, by written notice to the Purchaser for a period or periods of up to a total of twelve (12) months." No written notice was received, despite requesting it on 21/09/2018 by email (no reply). After several misleading communications and changing completion dates, they are now saying that because I did not exercise my entitlement to send written notice requiring completion of building works within 1 year from ACD ("Remedy Period"), I am not entitled to terminate. I didn`t send this notice as I was waiting for them to send theirs as per SPA obligations. Current RERA status is 61.59% (due 30/06/2020)and 84.54% (due 31/05/2020). Is this a good cause for termination?
Questions & Answers
UAE

فصل العامل قبل انتهاء فترة الاختبار دون سبب والمطالبة بالتعويض

س: فصلتني شركتي من العمل قبل انتهاء فتره الاختبار، ٦ أشهر، بثلاثة أيام فقط. من الواضح أن النية كانت مبيتة لهذا القرار؛ فليس من المنطق أن يكون السبب أن أدائي لم يكن جيدًا وهذا لم يُلاحَظ إلا في آخر ثلاثة أيام فقط! هل يحق لي المطالبة بتعويض عن هذا الفصل التعسفي؟
Questions & Answers
UAE

إزالة اسم من قوائم الإنتربول بعد صدور حكم بالبراءة

س: السلام عليكم، قضيتي إنتربول من العراق والقضية منتهية في الأردن وأخذت قرار فيها من المحكمة ببراءتي؛ فهي قضية ملفقة وغير قانونية وغير صحيحة. قدمت إلى دبي وسُحب جوازي في المطار لأن الاسم لم يُسحَب من الإنتربول الدولي.
Questions & Answers
UAE

دفع مكافأة نهاية الخدمة لعامل مع الإبقاء عليه

س: هل أستطيع أن أدفع لعامل لدي مبلغ مكافأة نهاية الخدمة عن مدة قضاها، حوالي 10 سنوات، وذلك بناءً على طلبه ويُسجّل لي تعهد باستلامه كافة مستحقاته العمالية وأبقيه يعمل لدي على أساس تاريخ بدء العمل الجديد على ألا يأتي بنهاية العقد ويطالبني بكامل الفترة؟
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Questions & Answers
UAE

Refund of an off-plan apartment payments for delay in handover

Q: I bought an off-plan apartment a long time ago and paid almost 80% of the property value per my contract. Unfortunately, the developer couldn`t manage to deliver it on time and transferred it to another developer 4 years ago. The apartment is not ready by the second developer yet and they say that it might be ready by 2024 (Per our contract it should have been completed by 2009). I called the second company and asked them to terminate my contract but they told me that they are not responsible for it and I need to contact the first company. I also sent a couple of emails to this company (the second one) but they didn`t reply to my email. How can I get my money back? What is the legal process in the UAE for such a case? Thank you!
Questions & Answers
UAE

Filing a complaint because of harassment for debt collection

Q: Hi, Can I file a complaint for being harassed to collect my debts to a bank here in Dubai? They`ve been calling me in my landline office and they`ve been calling my boss as well at work. Can you help me? Thanks, W.M.
Questions & Answers
UAE

Sending a proper legal notice to the developer for handover delay

Q: I have purchased an off-plan apartment from a developer. It was supposed to be ready on phase 1, 2019. The contract states that the legal delay is 12 months. After that period, I should send a legal letter to the developer and they need to finish the project within 90 working days. I was advised by their customer service representative to write an email. He told me that an email with my name, unit number, and a complaint is the legal letter I need to send, but it does not sound right to me. Should I get a legal letter from a Dubai Court? The progress of the project is only 33% by now and I want to get my money back.
Legal blog
UAE

Have you Appointed a 'Beneficiary'​ for Your EOSB at Your Company ?

The appointment of 'Benficiary' applies to payments made in respect of EOSB – End of Service Benefits, other emoluments due to the employee, unpaid salaries, employee insurance claim benefits, and all other cash and /or asset benefits due to the employee.
Questions & Answers
UAE

Taking action against a bank for freezing the EOSB without consent

Q: Good morning, I work for the MOE. I changed the emirate and they paid out my End of Service Benefit. My salary is still the same and I am still employed by the MOE. My bank put a freeze on my EOSB and subsequently used it to pay down my loan and credit card. Their reason was that my debt ratio was too high. I did not give them permission to do that but they did it anyway. I have never been late in paying them and I have been a customer since 2016. My question is, can the bank legally do that? Do I have to file a case against them? Also, how to stop the bank from taking my entire salary to pay down their debt if they can take my EOSB even though I am still working with the same company; with the same salary being deposited into the bank? Please advise!