Self-help
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UAE
Claim against a developer for failing to deliver the agreed quality
Q: We bought a property in a project from a developer at a premium price of AED 5.4 million. Handed over was in January 2019. We signed off the snagging as prima facie everything looked okay. Once the tenants moved in, the nightmare began. Not a day has gone by without a major issue surfacing. Recently the switchboard caught fire and could have led to a major fire harming the tenants. Anyway, I want to know how we can proceed to escalate the issues against the developer for not delivering as per the SPA by using cheap materials, cutting corners in fittings, structural flaws. I just want to make sure that the developer does not get away with shoddy work. They should not take any customer for granted or for a ride and have such a callous attitude. We don`t want our fate befalling others. Appreciate the legal thoughts on the best approach to proceed with ensuring that the developer honours commitments and that proper quality check performed by the developer before handover. Thanks in advance. Questions & Answers
UAE
Resignation for non-payment of salary and claiming entitlements
Q: Dear Sir / Madam, I have been working here in Hamariyah free zone company as an Accountant Executive for the last one year. For the last 5 months, I am not getting my salary. That’s why I wrote a mail to the top management regarding this issue to release my salary. But the management was so rude and warned me not to ask for the salary. And if I am not happy with the company policy, I can resign. I resigned already from the company with 30 days’ notice period, in spite of that, they are not releasing me. It is very hard for me to stay here without money. Already 2 months finished but nobody is listening to me here in the company. Please tell me what can I do now? Can I complain to Hamariya free zone labour department? Please show me the right way where I can get help. Questions & Answers
UAE
Gratuity calculation for termination before one year of service
Q: I am a teacher and I worked in one of the schools in Sharjah. I want to ask about my gratuity if I am eligible to it or no. I started school on the 3rd of September 2018 and my service ended on 11 July 2019. Questions & Answers
UAE
The punishment of taking and promoting drugs in the UAE
Q: Drug takes provocation Hello everyone. I have a short story about what happens with my friend on 1st July 2019. She was invited for a birthday celebration in one club in Barsha with 2 of her friends. Once she went to the washroom with her friend, she met there an English girl. She proposed her to have cocaine and my friend agreed to take it but her friend pushed her to do it too, she said okay, we do it, why not. My friend was already under alcohol effection and you know dear lawyers how it works. They made it in the female washroom. The next day, they opened the door (home) and the police came to her home and arrested her. So, the urine test was positive for cocaine. I have 100% feeling her friend cooperated with CID and she pushes the girls to do it, then she reports it to her friend (CID). As I hear she have an issue (legal) and maybe she makes that to my friend because she makes a deal in that dirty way. Questions & Answers
UAE
Resignation and cancellation of visa due to holding salaries
Q: Madam How can I cancel the visa and join another company? My company is not allowing to go. I have an offer letter with me. My salary is four months delayed [last Feb received]. Can you give me advice? Questions & Answers
UAE
Is the passport required to cancel visa after leaving the UAE?
Q: Sir, I was working in the UAE for 8 months and my company transferred me back to India. Now, they want to cancel my UAE visa and asking for my passport. Is it possible to cancel the UAE visa without giving my passport? Questions & Answers
UAE
Claiming days of annual leave after getting paid for them
Q: Hi. Good day, One of our employees filed for annual leave last October 30, 2018, although he still had not completed 1 year in service. However, due to lack of manpower, we granted 10 days leave only and we paid 20 days for his leave salary. Now, he is saying that he is eligible to take that 20 days` leave but without pay. If the company will not grant, the company needs to pay him an additional 20 days salary. Our company will not grant that leave as he has accrued leave days in his 2nd year. Please advise if it`s lawful to pay him? Legal blog
UAE
The Due Alimony for Wife And Children After Divorce
There are rights and obligations for both parties of the marriage contract arise as a result of divorce, which often disputed by the spouses. Here we will explain the due alimony and its types for the wife (divorced - widow) and children after divorce in accordance with the UAE Personal Status Law, Federal Law No. 28 of 2005 and its explanatory memorandum. Questions & Answers
UAE
Renting an apartment without a tenancy contract
Q: We are asking for a tenancy contract for our flat. But the agent told us that they cannot provide now because the ruling has changed and only rent of AED 45,000 and above will get this contract. Is this true? Questions & Answers
UAE
Acting against an employee who left the country
Q: Hi, One employee at my company went for a vacation after 3 months of getting a visa, and she doesn`t want to come back. It`s been 10 days. Can we cancel her while she is staying in her home country and what will be the status of our quota? Questions & Answers
UAE
Resignation from a limited contract for deducting salary and overtime
Q: Good day I just want to ask regarding my contract. As of now, I`m working under a limited contract. If I want to resign, can I pass my resignation and stop my duty right away? If my employer does not agree, what should I do? I`m willing to pay also the 1 and a half month from my salary to them. But can I ask them for my overtime pay and the amount that they deduct from my salary in return? All the overtime, cancel off and salary deduction are in hard copy with me. Thank you in advance. Questions & Answers
UAE
Assistance with the procedures of divorce by mutual consent
Q: My query is about mutual consent for divorce, I would like to know more info about this. My husband and I have been separated for 7 years now since 2013. We tried to reconcile but it was not successful. We both are here in the UAE until now and have different lives already, we have 1 daughter in the Philippines under his mom`s care. Support comes from both of us. We talk once in a blue moon if it concerns deeply our daughter. No idea where he lives now in the UAE. I communicate with my daughter through my mother in law. We do not have a joint savings account or property in the Philippines. A long time has been wasted. I would like to file for Mutual Consent for Divorce so my name will no longer be associated with his and we both can move on legally. Please also advise roughly on the cost of the consent for divorce. Questions & Answers
UAE
Deduction of visa expenses from the dues of an employee
Q: Hi. I had been working in Dubai for a certain LLC company for more than 5 years and recently resigned. When I got the cheque for my dues I noticed in the calculation that they deducted visa expenses from it. Is this correct? Questions & Answers
UAE
Claiming cheque amount from a debtor after closing bank account
Q: A person who owes me money gave me a PDC dated 1/2/2019. I deposited the cheque on 1/6/2019 and the cheque was returned saying "the account is closed". How much time do I have to file a police complaint and to file a suit against him? The cheque amount is AED 750,000/- Questions & Answers
UAE
Claiming money from a debtor after leaving the UAE to his country
Q: My debtor took cash and purchased his personal flight tickets by my credit cards and went back to Ireland. The total amount is 5000€, and I only have the Whatsapp message to prove that he agreed that he owes me 5000€. He failed to return me money for 7 months. He agreed to return me money on 26th of June, but he failed again. Afterwards, he is not responding to any text or calls regarding paying the debt. He even threatens me to report me to the police because I try to contact him and his family regarding this issue. Should I send him a letter as before legal action? However, I don’t know his address in Ireland. I only found his company’s contact and address. Should I contact his company regarding his debt issue? Questions & Answers
UAE