UAE Legal Resources - Legal Advice Middle East

كيفية التصرف عند إنهاء علاقة العمل عبر مكالمة هاتفية

س: مرحبًا، في 17 يونيو عند الساعة الواحدة ظهرًا، تلقيت مكالمة هاتفية على رقمي الشخصي من ابن صاحب الشركة التي أعمل بها كمدير تنفيذي منذ 2009 ليخبرني أنه بسبب الوضع المالي السيء للشركة، فقد قررنا الاستغناء عن خدماتك. وحتى هذه الساعة لم أستلم أي إخطار كتابي، ومازلت أمارس عملي كالمعتاد. أرجو إفادتي بالمتوجب عمله حتى أحمي حقوقي المالية!

The legal way of claiming passport from the employer

Q: What to do if the employer does not give a passport? Who can help and what to do? Thank you in.advance.

Calculation of unused annual leave upon termination

Q: The employee was being terminated due to the non-availability of projects (Project-based) but under unlimited contract. He has 32 days as an unused leave. Article 5 of the Labour Law mentioned that accrued annual leave shall be paid on the basic wage, while Article 79 mentioned that it shall be paid on the wage basis. Please give clarification on this to avoid disputes. Shall we pay him basic only or plus allowance? Thank you for answering!

Termination of employment contract for unsatisfactory performance

Q: Dear Sir/Madam I am a Relationship Manager In a bank in Dubai. My employer has terminated my services (discontinuation of services) with reason as unsatisfactory performance during 2017. They have given me 30 days` notice period and have mentioned in the letter that I am exempted from attending office during the notice period. I seek your valuable advice, can I claim 3 months` full salary for my such termination where it was done all of sudden without alerting me with warning letters. Also if you can advise me how to file a case against the employer in order to claim 3 months` salary. Thanks and regards

Limitation period for claiming contract debts by the bank

Q: Dear Ma`am, I was recently contacted by a debt collection agency through a phone call on behalf of a bank in the UAE. They alleged that there are outstanding credit card dues from the year 2000 for some AED 200,000! I left the UAE in 1997 and did not continue my relationship with that bank thereafter. I do not recall the credit card debt in question and may have inadvertently missed out on the credit card payment, if any, at that time while leaving the country. What are the implications at this time? Now, that over 18 years have passed, can the bank enforce this debt to be recovered? Would appreciate your advice on this matter. Thanks, Regards, S.

Contesting a divorce case and requesting to keep marriage

Q: Hello, My husband has filed a divorce case after 11 years of our marriage. The marriage took place in India as per the Hindu Marriage Law. I appeared before the court on 20th June with my documents. I was asked to bring my documents after translating them to Arabic. I do not want to give him a divorce and I am a financially dependent woman on him all alone in Dubai as an expat Indian wife. I do not have enough money to hire a lawyer. What should I do? Do I need to keep a lawyer or I can get my documents translated to Arabic and submit to the judge? Since I don`t have money to give the lawyer, is my husband legally liable to provide me with the lawyer fees for the divorce case? Or is there any lawyer who can fight my case and get his legal fees from my husband? I need urgent help as the next hearing is after two weeks.

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أثر الاستقالة من عقد غير محدد المدة خلال فترة التجربة

س: التحقت بعملي وصدرت إقامتي منذ شهرين ولكنني لا أرغب بالاستمرار وأود أن أقدم استقالتي فهل هناك من حرمان؟ وكم مدته؟ علماً أن عقدي غير محدد المدة. ولكم جزيل الشكر.

المطالبة بمستحقات التركة بعد تجاوز الوكيل حدود وكالته

س: السلام عليكم و رحمة الله و بركاته، قمت أنا وإخوتي بتوكيل أخي الكبير وكالة عامة لمدة ثلاث سنوات بعد وفاة أبي لتسهيل المعاملات الإدارية والبنكية للشركة. بما أننا كنّا مقيمين خارج الإمارات، وبعد إتمام دراستي ورجوعي للاستقرار بالبلد، اكتشفت أن أخي استغل الوكالة العامة واختلس أموالنا وزور ميزانيات مدة الثلاث سنوات. حالياً، جاري التدقيق بالحسابات وأود معرفة كيفية استرجاع نصيبنا الشرعي أنا وإخوتي في أرباح الشركة. شكراً

Signing a clearance of labour entitlements for visa cancellation

Q: Dear Mr Khalifa I have recently resigned from my company in Dubai where I have worked for over six years. Currently, I am serving the notice period up to 30th June 2019. I resigned on 11th June 2019 but my company is asking me to serve 30 days notice period. The reason for leaving is they are not paying me my salary on time which has now increased to almost three months. My dues include 3 months salary (April, May and June 2019), 6 years gratuity and 10.5 days annual leaves. The total amount due is around AED 115,000. When I asked my company to cancel my resident visa (which is already expired on 22nd June 2019), they have sent me the final settlement which states the following declaration: "I, the undersigned do hereby certify that I have received all my dues from my Company/Institution and I have no right to make any claim after this date." I told my company that the dues are not cleared yet, how can I sign this form? but they are saying that this form will not affect my dues. Please advise.

Can the bank freeze the EOSB upon resignation?

Q: Hello, As I have resigned from my job, my last salary was marked and has been put on hold by the bank due to a salary loan. My question is, can the bank call my employer regarding my end of service payment?

Responding to the defense raised by the employer in a labour case

Q: Hi. I have filed a court case against my ex-employer for not paying my pending salaries and final settlement even after 4 months of my resignation and serving the notice period, and finally mutually agreed on labour and VISA cancellation. Today in the court 2nd hearing, the employer`s lawyer has given a bunch of documents against which I have to reply. The document mentioned FALSE STATEMENT that the employer has already paid all my pending salaries and even my final settlement. Also, the document states that I have not provided the required PROJECT`S COST VARIANCE REPORT for the projects which I was handling. The fact is I have not received my two months salaries and not even my final settlement which includes the gratuity and the leave salary. I have provided them with all the COST VARIANCE sheets for my projects and I have a mail proof of that. I wish to make a strong reply on this with all the legal terminologies. The claim amount is AED 60K. Need guidance to prepare a reply. How far my previous employer can drag this case?

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Quantifying and claiming damages in a criminal case of assault

Q: Someone attacked me in the parking lot in Abu Dhabi. He was arrested but got bailed. We will have a hearing, what can I ask them for as damages?

The difference between limited and unlimited employment contracts

Q: We are into hospitality and our hotel staff has been offered with unlimited employment contracts based on the management decision. But most of the companies are hesitated to provide unlimited contracts. What is the difference between providing Limited and Unlimited Contracts for staff?

Defaulting on the repayment of a loan and expected penalty

Q: I had taken a personal loan of AED 160,000 from the bank and I was paying regularly. Unfortunately, my boss took a huge loan and left the country, hence we have got stuck without salary and unable to cancel the visa. Finally, we found our local sponsor and cancelled the visa and got a new job with a lesser salary after 7 months. By that time, I became a defaulter and the bank bounced my cheque of AED 242,000 along with a police complaint. Now, what should I do? Do I get imprisonment? I am very scared.

Termination of a limited contract and entitlement for gratuity

Q: Dear Madam, Please advise. If an employee terminates the limited contract before its expiry date, is he entitled for gratuity/leave salary/air ticket? He had completed only 14 months.

Travel ban check and clearing any possible cases

Q: Hi, I would like to check if I have a Travel Ban against my name/passport, could you please advise what I need to do to check this out? Regards, F.

Self-help