Middle East Legal Resources - Legal Advice Middle East

A birth certificate application is rejected. What to do?

Q: Dear sir/madam, My wife was pregnant when we got married in Abu Dhabi. She gave birth to a baby in Dubai. Now we are unable to get a birth certificate. We applied many times but it got rejected. What do we have to do to get the birth certificate?

رفع زوجة وافدة دعوى طلاق بسبب سوء العشرة

س: السلام عليكم، أريد استشارة بخصوص رفع دعوى طلاق. أنا وافدة وزوجي مواطن إماراتي وأنا زوجة ثانية. مشاكلي معه تتمثل في أنه يرفض أن يعدل بين الزوجات، ولا يصرف على بيته كما ينبغي، ولا يعطيني حقوقي الشرعية كباقي المتزوجات؛ فقط وقت فراغه، ولا يهتم بطفله كما يجب لدرجة أنني تشاجرت معه بسبب حليب لطفله لمدة أربعة أيام ولم يتحمل طفلي حتى اضطررت لبيع ذهبي لشرائه له وشراء أكل لي لأني حامل وأعاني من فقر الدم بسبب سوء التغدية، كما يقطع عني الإنترنت لكي لا أتواصل مع أهلي.

An absconding report against an employee for not reporting to work for 7 days

Q: Dear sir/madam, One of our employees has not reported to work for 7 consecutive days and we are unsure of any whereabouts. Can we file an absconding report? What are the fees and implications for the employer? Do we need to pay WPS and gratuity if the employee returns? The employee has been working with the company for over a year now.

توكيل شخص لبيع الممتلكات في دولة أخرى

س: السلام عليكم، كيف يمكنني توكيل شخص لبيع ممتلكاتي في الكونغو؟ أنا حاليًا في دبي.

How will the visa get canceled after filing a labor case?

Q: Dear sir/madam, I received a judgment in my favor from the Abu Dhabi Labor Court on January 11, 2023, regarding my labor complaint for the payment of my end-of-service benefits and last month`s salary due to my employer issuing a termination letter without notice. On January 26, 2023, I opened a Labor Enforcement case to get the payment from my employer, and the next trial date is February 13, 2023. My question is, who will cancel my visa and my family`s visa and how many days will it take to receive the payments? My visa and my family`s visas are still valid until November 2024. Thank you!

Claiming the labor dues after judgment while all assets are sold

Q: Dear sir/madam, We are five employees working for a Dubai-based LLC company. We had a labor case with the company. We won the case, and the court appointed an expert to sell the company`s assets. The process has been completed, but the GM had sold all the valuable assets in advance. As a result, there is nothing left in the company. When we checked with Al-Adheed (Dubai Court) for a travel ban, we were told it is not possible as it is an LLC company. At this point, we (with a total claim of 300,000 AED) want to hire a lawyer to: 1. Check if we can request a travel ban or arrest warrant against the GM of the company. 2. We believe that he transferred the money to his personal accounts. So, we want to audit the two company accounts (FZC-AJMAN and LLC-DUBAI) for the last 5 years. The company has mainly two branches, one LLC-DUBAI and FZC-AJMAN. Our visas were under LLC, but most of the invoices and payments were through the FZC account. The owners and VAT numbers of both these companies are the same, and we have email and account statements to prove this. Kindly advise!

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A landlord evicts a tenant for selling the property but then moves in himself

Q: Hi, I was recently evicted by my landlord through a proper eviction notice of 12 months that was issued by a public notary. The notice stated that he intends to sell the property, but he moved in within one week of my moving out. I know that he did not re-rent the property to anyone for a higher rent, but since he evicted me for the wrong reason, stating that he wants to sell but then moving in himself, can I sue him? Will this case have a chance in RDC?

Employee eligibility for 3 months' salary if the employer terminated the limited contract

Q: If the employer terminates a limited contract early, are they liable to pay the employee 3 months` salary compensation? This is aside from the notice period they must give.

الترحيل من الدولة بسبب مخالفات الإقامة

س: السلام عليكم أخي الكريم، أنا في دولة الإمارات. يوجد عليّ مخالفات على الفيزا وأنا في الشهر السابع من المخالفات وليس لدي القدرة المالية على أن أسددها. أريد البدء في إجرات الترحيل ولا أعلم أين أذهب وفيزتي على أبوظبي.

What are your rights in arbitrary dismissal if the company terminates you without notice?

Q: Under the new law, all contracts will be under the limited contract. If they terminate you, are you going to receive a notice or not? My company terminated me and gave me only 1 month`s salary but no notice. Please advise. Thanks

Do I need to pay my employer any money if I leave job and was on a visit visa?

Q: I`m working here in the UAE on a visit visa and I want to go back now to my country. Do I need to pay the money they use on me just to travel here in the UAE? Please tell me what should I do now.

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Verbal agreement gone wrong: seeking repayment of misused funds from a co-worker

Q: Dear sir/madam, I entered into a business venture with my co-worker, but we only had a verbal contract. I gave him 100k QR, but he lied and said he was sending the money to his mother for a lending business. Unfortunately, he actually invested it in a pyramid scam. Do I have a chance to win my case and obligate him to pay me back the remaining 66k QR? My only evidence is WhatsApp messages, bank transactions showing that I sent him the money, and his bank transactions showing that he sent money to my account. What should I do now?

The applicability of the non-compete agreement on a swimming coach

Q: Hello, I have questions regarding the non-compete agreement which was written in a contract: The employee will be committed not to work in the same competing business of the company in the UAE for the period of 2 years if the employee has terminated the contract or if their employment contract had expired as per Article 127 of the Federal Labor Law no. 8 of 1980 without prejudice to the companies legal or contractual obligations. In such case, the additional conditions shall not breach Applicable Laws, or the articles stipulated in this contract or the Annex hereof. In case of adding such conditions, this contract and the annex hereof must be referred to the relevant labor relations authority within MOHRE for review prior to approval thereof. Is this law in reality enforceable or unenforceable? My position is not a high senior position (I’m a swimming coach). Does this mean that I am not entitled to work in the UAE for 2 years after my resignation or after my contract ends? Thanks!

Eviction and property sale: How does it affect the rental contract?

Q: Hi, Our rental contract ends on June 2023, but in November 2022, we were officially served eviction through Dubai courts stating we need to vacate the property by November 2023. The landlord is planning to sell the property. What happens in terms of the contract for the time period of June to November 2023? Does the current landlord extend the current contract until the end of the eviction? What is the process? I did contact RERA but did not receive any information over the phone. Thanks!

How to defend a case from a business partner who gave cheques and took cash after exiting?

Q: A person wanted to buy shares in my business. He issued cheques and then changed his mind and got cash from me. Now he filed a legal case against me. What shall I do?

Is submitting a forged sick leave a valid reason to terminate the employee without notice?

Q: Can a forged medical certificate lead to the termination of the employee without notice under Article 44(1) of UAE Federal Law No.33,2021?

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