Self-help
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UAE
Procedures to exit partnership in Dubai companies and get your share
Q: I wish to part ways with my business partner in a free company in Dubai. The business is profitable. There is no breach of law. We just do work together and I want to offer my partner an exit from the LLC. I am the appointed business director. I manage the business personally. On grounds of incompetence and personal differences, I wish to offer her a sum and get the partnership solved. What are my options and how does one evaluate the share to be dissolved fairly. Like is there a formula such as a multiple of net profits to be offered? Thank you! Questions & Answers
UAE
Filing a case against the employer for holding the passport after cancellation
Q: My employer is refusing to give me passport back after visa cancellation. Which is the best to get it back, should I file a complaint in MOHRE or should I get it through court order? Which is the quickest and most effective option? Thanks Questions & Answers
UAE
Checking a travel ban due to outstanding loan before entering the UAE
Q: My friend has left the UAE in 2018 without closing his personal loan (28000 balance). He got an interview chance there and would like to go back. He is ready to repay the amount once he gets the job. Is there any ban on him? He needs to close one credit card payment also which is pending. Please help Questions & Answers
UAE
Clearing bank cases and obtaining police clearance certificate
Q: Hi I had some cases from the banks due to a bounced cheque and I fled the UAE. After a few years, I have now cleared all liability with all banks and they have provided the clearances and NOCs. I need help in ensuring my cases are cleared and to obtain the respective police clearance certificate on an urgent basis. Request for an appropriate lawyer to kindly comment and also quote their fee for this. Thank you Questions & Answers
UAE
Forcing the employer to cancel the visa and take another job
Q: Hello. Kindly advise on the following matter. I am employed in the free zone in Dubai. My name is in the trade license and I am registered in the company as a manager. In March, I resigned from the company. The employer doesn`t want to cancel my visa and to revoke me from the license. Authorities of the free zone told me they cannot do anything because my name is in the license and employer has to first appoint another manager and then cancel my license. In case they don`t want to do it, I can only go to the court (they don`t know which type exactly...). How can I enforce my visa cancellation? Only by court order? Which kind of court? I have found another job but I`m stuck on the old company visa. Please advise. Thank you Questions & Answers
UAE
Can the employee claim additional damages if the company ceased operation?
Q: Dear Mr Bakheet, The company that I have worked at for 4 years as a regional sales director had decided to cease its operations in the Middle East and Turkey (my scope). The management took this decision to protect global profitability and to increase the shareholder value. 3 weeks ago, the decision had been announced in that way over a webcast to all the employees. Instead of complete closure, the legal entity will be kept but the payroll will be terminated by end of September after a legal notice period of one month (I have received today itself), which will be starting the beginning of September. The company offers the legal end of service based on fix salary only without any additional damages payment or commissions included. Is there any additional damages payment by the UAE law? Any ex gratia practice in this case? Questions & Answers
UAE
Which one prevails in case of contradiction, offer letter or labour contract
Q: I have a notice period of 90 days as per my offer letter, whereas as per my labour contract registered with JAFZA it is 30 days. Please let me know which one will prevail over the other. I would also like to mention that it is specified in my offer letter that in case of conflict between the labour contract and the offer letter, the terms of the Company`s offer letter will prevail. Questions & Answers
UAE
Resignation during probation and taking another job offer
Q: Dear Team, My name is M. I. I joined a new company in Dubai two months ago with unlimited contact. But I`m not satisfied with my work and I got an offer letter from another company. Can I resign in the probation period? And will there be a labour ban? Please give me advice. Questions & Answers
UAE
Possibility of reducing maintenance for ex-wife due to job loss
Q: Hello Here is my situation. I`m a man, divorced with one child who lives with her mother. I signed a contract with her that I offer my child AED 10.000 a month. The contract was signed in the court - department of personal matters of Dubai. I paid for one year and a half. Since this time I got a health issue of my parents and lost my work. My situation now, I`m without work and can`t afford to pay this amount now and would like to know how I can make it low so I can be able to pay. Thank you for your help. Questions & Answers
UAE
Filing a case against husband for extramarital relationships
Q: My husband is cheating on me. We are married for 21 years and I always suspected this, but this time I have some proof with a new lady. What are my rights? Questions & Answers
UAE
Defaulting on a business loan and possible cases
Q: I have 2 bank loan cases and it’s not a personal loan, it was a business loan. The amount on the cheques is 370k and 490k But for 1 bank I have paid most of its amount, and according to me, there will be an outstanding amount of 200k. What will be the consequences if we take the case to the court? Questions & Answers
UAE
Claiming labour dues and visa transfer after resignation
Q: I have a case of unpaid salary for 8 months and non-renewal Of residence visa case. I resigned on June 9th 2019 & requested for the settlement and reported the issue to MOHRE. However since June 9th 2019 onward my employee has not completed any of his obligations. Please note that my total due remuneration due is AED 96000 and leave salary AED 9600 as well as settlement amount of AED 6720 which is amounting to AED 112320 as per calculation. I have all communication of my reminder email and communication over the social media Whatsapp messenger, as well as the reference of the MOHRE complaint no. to share with you in case required. I would request you to help me in my matter to seek my settlement as well as regularize my residency so that I can work in a company where I have got the offer. My visa is issued from a company in Sharjah, a non-free zone company. What should I do if it’s not resolved amicably in Tawafuq Center? Questions & Answers
UAE
Recovering a personal loan given to a friend without documents
Q: I gave AED 200K amount to my friend to start up a new restaurant in Abu Dhabi. For the last 1 year, he did not pay me anything and always have some excuses. Need legal advice about my rights and how to handle this situation. Questions & Answers
UAE
Claiming labour entitlements to close a pending bank loan
Q: Sir, I have more than 100k due salary from my company & my bank pending liabilities are 80k only. Since I have several month`s salary delay, I could not manage my bank liabilities on time. Please advise what will be my position if I file a case against my company to force the payment and settlement of my dues? Is there any possibility to hold the payment to the bank till settlement of my overdue salaries. Regards S. Questions & Answers
UAE
Labour rights in case of termination for changing management
Q: Hi, My company decided to sell it to a different owner, they said it`s up to us if we want to stay on our job. If we choose to stay, they will cancel our visa and the new owner will process a new visa but we will pay all the expenses for processing a visa, Emirates ID and medical...etc. So I volunteered not to continue working with them. I have been with the company for 7 months. They give us a notice a month ago. Am I capable to get compensation from our previous company? Please let me know, as I`ll be jobless soon. Hoping for your kind advice so I know my rights. Questions & Answers
UAE