UAE Legal Resources - Legal Advice Middle East

Provisions of the notice period before the expiry of tenancy

Q: My contract ends on 20th Feb 2020 and I have informed the landlord on the 24th of December to amend the rent or allow us to vacate on the mentioned date. They have replied that the contract will be automatically renewed as we have not given 60 days notice (technically it is 59 days given) and that if we wish to vacate he is asking us to pay two months rent as a penalty. Kindly advise.

Requirement for the payment of oath certificate in a job offer

Q: I got a job offer from the UAE. Now for the visa application form, they had to send me a form from the Abu Dhabi legal chambers as per my agency`s request for an "affidavit of oath certificate" and they are asking me for AED 3300 for the certificate. Is the oath certificate needed for a job in the UAE if the person hiring me told me that he`ll pay it back when I reach Dubai? Is this true and is there a so-called certificate?

Claiming the amount of a labour judgement from a closed company

Q: Hi, My wife filed a case against her employer due to non-payment of an amount over 60,000 AED. She won the case and it has been a couple of months but we did not receive the payment because the facility where she was working with has been closed already. Please advise what we can do now.

Labour rights to be claimed in case of termination

Q: Hello My company has terminated me saying that the project got finished so my position is not required anymore. I want to know what kind of termination is this and what I am entitled to get. Also, will I get 3 months salary guaranteed or is it up to 3 months salary and it could be 1-month salary only plus gratuity?

Resigning during probation and accepting another job

Q: Hello Ma`am!! I am a Chartered Accountant by profession. I have resigned during my probation period in Abu Dhabi. I am on a limited contract of two years. My current employer is willing to relieve me and asking me to put the paper mentioning "I want to go back to India". Fortunately, during probation only I`ve figured out another job, cracked the interview & the other employer has offered me a job. So is there any labour ban applicable in such a scenario? After resigning, do I have to go back to India or I can join the new company? I will be serving a notice period of 30 days as well as 45 days of compensation as mentioned in my limited contract. It would be great Ma`am if you can assist me as it`s a question of my future.

Possibility to return to the UAE in case of leaving without cancellation before

Q: Is there a ban on free zone visa who left on an emergency but didn`t report back? Can the employer file an immigration ban for free zone visa?

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Legal restrictions in case of resigning to work with a competitor

Q: Dear Sir, I worked as a site engineer in a landscaping company for about 3 years. Now, due to personal reasons, I have to quit the job (notice period given already) and move on to another competitive company. But in my contract, it has been mentioned that I cannot join in any other competitive companies. Please suggest to me if I can happily join another company as I have already given the notice period to my existing company or whether I might face any issues in future? Please reply urgently. Regards,

Procedures and requirements for appealing a judgement

Q: My friend is in Abu Dubai jail for 1 year in a case of foreign documents. How can I get the case copy and how can I appeal to convert the imprisonment into fine? I contact the other party and they are ready to ask anything in court such as this man is not. Does it help?

Rights of the employee in case of termination by new management

Q: In Jan 2019, a part-owner joined our company. My gratuity was paid and I received a new appointment letter, mentioning that I`m continuing with the new management with a lower salary and a 6 months probationary period. But, my labour contract with JAFZA was not cancelled. On my 6th month (182nd day), I received the non-confirmation letter through email. They said that they will give an extension of 1 one month, but I have to request. I did request through email then they replied that the same was treated as my resignation. On my LWD (7th months), my manager told me to continue, so I thought I was going to be retained. But after a week, she sent me an email stating that the company just gave me 1 more month and that they have to discontinue my services due to the change in our department. Hence, I worked for another 1 month. Can I claim arbitrary dismissal in this case? Also, since the previous owner paid the gratuity and leave salary only up to Jan 2019, can I also claim for same from Jan 2019 up to my LWD?

Filing a case of defamation at work leading to termination

Q: My Facebook profile about my depression state was shared with people at work who showed to me and also confirmed in writing addressing the issue via email confirming my post was shared with them. This has caused a lot of damage to my reputation in the workplace and which led to my termination under the false pretence of underperformance during the probation period. They also had facts and records to prove that my performance was good but due to my reputation at work, I was wrongfully terminated. I want to know from a legal point if I want to press charges on the people who showed and circulated my Facebook post which was non-work related, how can I exercise my rights as an abiding citizen? Thanks.

Can the bank request an immediate travel ban in a civil case?

Q: Dear Sir I am a Dubai resident. Last month, the bank filed a criminal case against me for a credit card cheque bounce of AED 16000. I paid the fine and got released from the police station. Now, they send an email stating they are going to file a civil case against me and GCC travel ban (total amount due is AED 30000, including interests). If they file a civil case, will there be any immediate travel ban? How will I know if I get a travel ban? Also, advise if the police can arrest me on the basis of this civil case immediately.

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Calculation of the EOSB and notice period in case of termination

Q: Hello, I was working in a software company in Dubai Internet City (Free Zone), as a Sales Executive. My salary was composed of: 1. Basic Salary 2. Allowances 3. Commission (non-fixed) I would like to understand what the right calculation is as per the UAE Labour Law for the notice period, arbitrary dismissal, gratuity and commission if it is counted. Thank you

Procedures and requirements for copyright protection

Q: Hi, A question regarding copyright in the UAE. I`ve been seeing posts that say I need to have 3 copies in Arabic and English. What copies are these? Are these the materials that I want to apply for copyright? What kind of description should I put? Picture and details about the materials? Thank you in advance.

Filing a case for the recovery of money loaned to a person

Q: I want to file a case against a person who took my money and not returning. Please guide me through the process.

Transferring the shares of the father in a company to his heirs

Q: Hello, I am a Chinese national who came to Dubai for my father`s inheritance case after his passing earlier this year. My father owned 2 LLC companies with the same local sponsor, one of which he had a 49% share and the other 25%. I wanted to inherit the shares and exit the companies but was told there`s nothing for me and my family to inherit. One of the companies is more than 20 years old and the sponsor refuses to show me financial statements for these companies. What can I do, please?

Is it legal to pay the EOSB in an annual package?

Q: Hi Ludmila, If a company pension is given as part of a salary package (and one is made to sign it as an alternative to end of service gratuity) is one entitled to end of service gratuity? I have been told by third parties that I am entitled to claim the end of service gratuity even though I have received annually a company pension payment. I have worked for this international company since 1999. Thanking you for your advice. Best regards R.

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