UAE Legal Resources - Legal Advice Middle East

Termination due to redundancy and settlement of dues

Q: Hi, I am on engineer visa with a 2-year limited term contract from 24-Dec-2017 up to 23-Dec-2019 with my company. The last 2-Jun-2019, my company sent me a 1-month termination notice due to redundancy. Now, I received my settlement computation showing my final salary, gratuity and leave entitlement only. They want me to sign my cancellation of the work permit stating that I received this settlement. My doubt is, am I not entitled to the 3-month compensation due to early contract termination? Does this termination due to redundancy exempt my company from paying me this settlement? I hope you could help me confirm this issue. Thank you.

Getting criminal records of the husband for a custody case

Q: Good afternoon! My name is P. and I am a lawyer in Brazil. Currently, I am working on a case of custody of a child and I represent her mother. We have reasons to suspect that her father is not a good guardian because he was once detained for possession of drugs at the Dubai airport. Unfortunately, the only evidence I have of this is a testimonial, so I wonder if I can get some sort of document proving the detention of someone by the federal police or any other authority in Dubai. Could you help me? Sincerely, P.

تبعات تخلف المستأجر عن إخطار عدم تجديد العقد قبل انقضائه

س: انتهى عقد مستأجر لمحل تجاري يقع بعجمان في 31/05/2019. لم يجدد العقد حتى الآن وطلبت منه أن يجدد العقد لكنه رفض وقال أنه سيُخلي المحل خلال فترة قصيرة، قلت له ستدفع الإيجار عن المدة الإضافية لكنه رفض. ما العمل؟ وهل يحق لي إجباره على الدفع؟

شروط إنهاء عقد عمل غير محدد المدة

س: ما النص القانوني الذي يُجيز لصاحب العمل (شركة بترول وطنية) إنهاء عقد عمل غير محدد المدة لعامل (موظف مباشر)؟ وما شروط صحة إنهاء العقد؟ وهل هناك طريقة للعامل أو الموظف لتجاوز ورفض هذا الاجراء؟

The procedures of divorce and rights of wife and child

Q: Hello I need to ask that if a non-Emirati wife seeks a divorce from an Emirati husband, what would be her rights? The husband always threatens her with divorce and wants to be treated as a God. He is always bragging about what he pays for the electricity, house maintenance, water...etc, which is her basic right, and they have a daughter who is 3 years old. So she’s sick of all these threats and unhealthy relationship. He tells her if he divorces her, she will be in a very bad situation. So kindly tell me and guide me what is the law here and what are her rights if she filed for divorce. She’s not working, she’s a housewife and non-local. Married for 5 years only.

Arbitrary dismissal and entitlements after being made redundant

Q: Hi, I will be grateful to you if you could advise me on the following: I have been working for an international company for about 12 years. Due to a recent restructure, I was made redundant. My questions are: 1. Will this redundancy be considered an arbitrary dismissal? If so, will I be compensated based on my full salary, or the basic? 2. I have not taken my annual leaves for many years. Can I be compensated for the days I did not take in the past 12 years? Your kind response will be highly appreciated.

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Calculation of gratuity upon resignation in a limited contract

Q: I have completed my first two-year limited contract and renewed for another two years. If I resign after completing a year of the second contract, after a total of three years of service, how would my gratuity be calculated?

Can I pay the court order in installments?

Q: Hi The labour court of the first instance has asked to pay my employee AED 12000. Can I ask them to pay in 3 instalments?

The impact of a company shareholder on closure decision by majority

Q: Hi, I am a partner of a Dubai based (mainland) company. Due to the financial restraints, the investor (shareholder) has decided to close the company. Now, I want to know if they can do this without my consent as the sponsor 51% and partner 26% have decided this. My share is 24%.

Expected legal actions for defaulting on a bank mortgage

Q: I have a property mortgage loan that I have paid for its instalments over more than 3 years without any failure. However, due to my financial situation, I will not be able to pay any more, because my income turned to zero. I need to know the legal actions they can take against me.

Calculation of gratuity in case of visa transfer to a sister company

Q: My company is a group of companies, and now they want me to switch/transfer the visa with one of their companies which is under the same group. I want to inquire how my gratuity and dues will be cleared as they are saying there is no need for clearance as it is a group of companies. Please advise, how my visa can be changed or transferred without cancellation? How will the gratuity be forwarded to the transferred company? Please advise as I want to know the law, accordingly will ask my company.

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Lifting a lifetime ban based on a court order

Q: Dear Sir, Good day to you. I have a lifetime ban from the Sharjah court given in 2014. I was arrested in a theft case in Sharjah which I did not commit but was scared of the police, so I signed where they asked me to and it was a confession paper in Arabic. We tried appealing in Abu Dhabi Crown Prince Office (Diwan) but it has been rejected. My father, mother, little brother and my wife are all living in the UAE. I too was living in the UAE since 1992. Is there any way I can come again to the UAE?

تعثر بسداد قرض وأثره على عائلة المتعثر

س: السلام عليكم أخذت قرض بقيمة 100 ألف درهم إماراتي في يونيو الماضي 2018 بنظام سداد 2757 درهم شهريا لمدة 48 شهر. للأسف، بعدها بشهرين تم فصلي من عملي وإعادتي إلى بلدي ولم أعطَ حتى فرصة البحث عن عمل حيث أن جوازي وهويتي كانا مع إدارة الموارد البشرية لصاحب العمل. المهم استمريت في دفع الأقساط وعملت توكيل لأحدهم لعمل سداد مبكر. البنك يطالبني بدفع 80 ألف درهم، علماً أن المستحق هو الأصل وفوائد السنة الاولى أي حوالي 108 آلاف درهم إماراتي. سؤالي هو: 1- لدي أسرة بالإمارات. هل يمكن أن يتأذوا في عملهم أو أن يمثلوا للقضاء إن تخلفت عن دفع ما يزيد عن 108 آلاف وهي القيمة الفعلية التي ينبغي علي دفعها (الأصل وسنة فوائد)؟ 2- ما هي العقوبة القانونية إن لم أدفع سوى المبلغ المذكور آلاف وهي القيمة الفعلية التي ينبغي علي دفعها (الأصل وسنة فوائد) وتخلفت عن باقي المبلغ المطلوب؟

Bounced rental cheques and expected consequences

Q: Dear Sir I have 2 cases registered in a Dubai police station under rental cheque bounce, with a value of 13000 & 18000. What will be the consequences? Will police detain me if I go to them or what will happen, Sir? Please let me know. Thanks

The significance of the expert opinion in a civil case

Q: Sir, I have a civil case going on in Abu Dhabi and now the judge has sent to expert opinion. What does this expert opinion mean and how does it work? The civil case is against me from my previous company.

Importance of Corporate Governance and its Basic Principles

It is the first article in a series of articles written by the author to give a better insight to the readers about the corporate governance practices under the best practice principles and the UAE legal system through innovative suggestions of its implementation for your organisation. Next series will be on the UAE regulatory framework on corporate governance.

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