Middle East Legal Resources - Legal Advice Middle East

What law was in use for non-Muslim marriage before issuing the new law of civil marriage?

Q: Does anyone know what Federal Law was in use for non-Muslim marriage registration in the UAE before the new law of civil marriage was implemented in February 2023? Perhaps there is a Federal Decree that authorized churches and worship places to register marriages in the UAE? I am looking for the official document.

Is it sufficient to add a clause in the tenancy contract and send a notice to evict the tenant?

Q: I have inserted a clause in the rent contract being the landlord that the tenant will vacate and hand back the apartment at the end of the contract. I have also sent a written notice separately giving the tenant one year’s notice personally which he has acknowledged. Is this sufficient to ensure that I will get my apartment at the end of the tenure as I want to sell it?

Global procreative tourism marketplace: Legality for Dubai-based companies

Q: Dear Sir/Madam, Can a Dubai-based company legally offer a marketplace (website) for procreative tourism, such as in vitro fertilization and surrogacy, where fertility clinics and agencies from different countries can list themselves for visitors from around the world? The Dubai company would connect patients and clinics globally and charge a fee from clinics, either per lead or as a revenue share.

What should we do if our resigned employee claimed unused air tickets in court?

Q: Hi, Our resigned employee filed a labor complaint in MOHRE to claim unused air tickets amount. As it was not amicably settled, labor transferred the same to the court. But till now we didn`t get any intimation from the court as maybe the employee didn`t register the complaint. So what will be the next step taken by the company? If we transfer the gratuity amount to the employee`s account, then can he approach the court again regarding the unused air ticket claim? Please advise.

My uncle passed away in the UAE and we made a POA from the heir in India. What's next?

Q: Asking on behalf of my uncle`s family who recently died at his workplace in the UAE. The company PRO told me that we need to prepare a Power of Attorney in order to get the following: 1. Death compensation (Diya/blood money) 2. Gratuity 3. Pending Salary + Any outstanding payments 4. All other financial + legal documents We have prepared the Power of Attorney in India and the following has been done from our side: 1. Sign the power of attorney before a notary public in India 2. Ministry of foreign affairs Attestation in India 3. Certified by the UAE Embassy/Consulate in India Now, my main question is what has to be done with this Power of Attorney in the UAE now? Is there a standard process?

The law does not protect fraudsters

The UAE Penal Code, like all other laws, addresses the crime of fraud in Article 399 of the UAE Federal Penal Code, which stipulates that whoever seizes, for himself or another, a movable property, or obtains a document or signature thereon, cancellation or destruction thereof or amendment thereto by fraudulent means, or by assuming a false name or capacity, where such an act leads to deception of a victim and leads him to surrender shall be punished by imprisonment or fine.

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Deportation due to a misdemeanor: what is the process?

Q: Dear Sir/Madam, My friend is facing deportation due to a minor criminal case, specifically a misdemeanor resulting in a one-month jail sentence and deportation. Can you explain the deportation process and how long it will take? Does he need to have his passport with him? Is he required to pay for his ticket? Additionally, can he travel to a country outside of the Middle East? I hope you can provide answers to these questions. Also, is there an option for him to make an appeal after the public prosecution has denied his online request for an appeal six times?

How can a Pakistani expat start practicing law in the UAE?

Q: Dear Sir/Madam, I am an ex-pat from Pakistan with an LLB degree and two years of post-graduate experience. I am registered with both the Punjab Bar Council and the Lahore Bar Association as a practicing lawyer. I am interested in starting my legal practice in the UAE, but I am unsure about the process. Is there a bar council in the UAE that I need to register with to obtain a practicing license? Additionally, what steps do I need to take to become a legal advisor in the UAE and start practicing law here?

I'm Asian and married to Emirati national with 4 children. How to get their passports?

Q: I`m Asian and married to Emirati national with 4 children (3 boys and 1 girl). Due to financial problems, my husband decided to send us to my home country way back in 2011 and now it`s already 2023. He never showed up since then with no financial support. My children are already grown up, the eldest is 22 y/o, the second is 20 y/o, the third is 19 y/o and the last is 14 y/o. Since he left us in my home country, he took all my childrens` passports with him and has no plans to give them back. What is the best way to get my childrens` passports back from their father since they are holding Emirati national passports, they don`t want to lose their citizenship. We`ve tried complaining to the embassy but there was no good result. The only advice they gave is to contact the father, but the father always ignores all the calls and messages. Please send advice, I need help. Very much appreciated.

Contract expiring soon. Need to serve 3-month notice to leave?

Q: Dear Sir/Madam, I am a medical coder, and I have been working for a company for four years. Yesterday, I received a new job offer, and my employment contract will expire on April 22, 2023. Do I still need to serve a three-month notice period, even though my contract is limited?

Can I resign during my probation period in a limited contract?

Q: Dear Sir/Madam, I am on probation period in a limited contract. Can I resign during my probation? Or what will be the suitable time to resign?

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My company terminated me and filed a breach of trust case without giving me EOSB

Q: I left the company as they terminated me and signed a notice period in a mutual agreement, so my notice period started on 07 Feb until 07 March 2023. The cash is short at that time from three ledgers. I was handling other accountants` work as they are on leave so it was mismanaged at that time. I cleared the short cash on my last day and the remaining is to be settled from my EOSB balance as per management decision. So after 17 March 2023, they sent me a message also that your settlement is ready. Now after 40 days, they changed their mind and now they don`t want to give me my EOSB. On Friday I filed a complaint to MOHRE regarding my passport and EOSB. We both received a message from MOHRE to settle. On Monday, the company as a reaction launched a breach of trust complaint at the police (Khianat Amanat) against me. What can I do as Eid is near and my family is here? I have to go back as I am jobless for 50 days. Please help, this is the whole story.

Do I have to give a notice that I am not willing to renew my labor contract before expiry?

Q: Hi, My visa is for 3 years and my contract is a 2-year limited contract. My contract expired on Feb 17 and I didn`t get any info about contract renewal and cancellation from my office. Due to health issues, I resigned on March 13 and presented my medical report to the office. The manager informed me I have to serve the notice period but no need to go to work only after the completion of the notice period date they will process the cancellation. Now they are asking for visa money they are telling me my contract got auto renewed and I need to pay. I should have resigned 30 days before my contract expiry date. I already finished 2 years Do I have to pay any money and will there be any problem as I didn`t attend the duty in my probation as the manager told me only by word not to go to duty? But I mailed about my condition and my medical report As I enquired, our company comes under Al Aweer immigration and Taseel has no info about my contract or any info. Where to get more info and guidance?

الإلزام بسداد الأقساط تحت طائلة الإحضار

س: السلام عليكم، ما معني القرار التالي: يُكلَّف المُنفَّذ ضده بالالتزام بسداد الأقساط وفقًا لخطة التقسيط (تحت طائلة الإحضار). علمًا بأن المنفذ ضده دفع فقط جزء من القسط الذي حددته المحكمة فتقدمت بطلب إحضار بحقه، فصدر هذا القرار. ما معنى القرار؟

Is the company obliged to pay the notice period if the employee requests not to serve it?

Q: Topic: Pay-out of Notice Period (UAE) Employer`s Question: An employee (who has resigned) does not wish to work his notice period, and the company agrees with this as they see no reason for the employee to work. Does the company become liable to pay out the employee`s notice as this was a mutually agreed decision? Thank You

Tenant refuses to vacate despite registered email notice

Q: Dear Sir/Madam, I gave a 12-month notice to vacate to my tenant, using the registered email service from Emirates Post. Now, two weeks before the eviction date, my tenant refuses to leave the apartment claiming the notice was not given rightfully and that the notice letter must be stamped by Dubai courts and be delivered in English and Arabic, and that the registered email is not recognizable by law. As far as I understand it is an either/or question: either you send the vacation notice through the Dubai courts or you send it privately through registered mail, where it is not necessary for the notice to be stamped and attested by the court. According to Emirates Post, the registered email is fully recognized by law. Advice on this matter is very much appreciated. Thank you!

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