Middle East Legal Resources - Legal Advice Middle East

Can a forged medical certificate lead to the termination of an employee?

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

How to claim the full price of my car that got damaged in an accident not due to my fault?

Q: My car got damaged in an accident, and it was not my fault. The insurance said they will cancel the car and give me AED 5,500, whilst the car value on Facebook maybe is AED 12,000. The sum insured as car value is AED 7000 with insurance Can`t I claim pre-accident condition whatsoever the value of repair as it is not my fault? I believe that the faulty party insurance must pay for all the damages that happened to my car due to the others` fault. Why do I have to bear losses in depreciation and cancellation? Please advise.

Trapped in the UAE with expired visa and fines. What to do?

Q: Good day, I have an issue regarding my visa. My contract with my previous job ended on July 12th of last year. They canceled my visa on July 18th, leaving me with one month remaining in the UAE. Unfortunately, I unintentionally lost my passport at that time and was unable to renew my visa before it expired. I was also processing my new passport, which is why I overstayed in the UAE. My previous company filed an absconding case against me and I now have fines to pay. I have all the necessary documents to prove that I did not have my passport at that time. I went to the AMER in an attempt to reduce my fines and I also have a new offer letter from a new company I applied to. When the AMER attempted to reduce my fines in their system, it showed that immigration blocked me. I need to go Al Awir Immigration. They said I need a letter from the new company to remove my absconding. Please tell me what should I do about this. Thanks!

The ex-husband wants custody and the current one is abusive. What to do?

Q: Dear Sir/Madam, In 2019, I got divorced and moved to Abu Dhabi with my son. I worked at a school for four years. Recently, I moved to Dubai and have been working in healthcare for the past two years. My child is now 13 years old. In March 2022, I remarried after my divorce. My ex-husband has been blackmailing and tormenting me, saying that he wants custody of my child because I remarried. The Indian court had already granted me full custody during our divorce, but my ex is threatening to take my son away. I don`t trust him because he is violent and abusive. My current husband is aware of my situation, but he is often upset about my ex`s messages to my child and he is also abusing me and doing domestic violence. I feel unsafe. I am currently nine months pregnant and I have a 13-year-old son. I want to be protected, along with my two children. How can I escape this situation and live peacefully?

Am I obliged to serve a notice period to leave job if the contract expired?

Q: Good day, My contract expired on 02/12/2022, however, my visa is expiring on 15/03/2023. I intend on leaving in 2 weeks as I have been offered another job. Since I am already out of contract, do I have to serve a notice period?

My employer filed a labor complaint for loss and damage after cancellation. Can I travel?

Q: Dear Team, My visa has been canceled on 13 Jan 2023. After a few days on 23rd Jan 2023, my employer lodged a labor complaint for damage and loss. My question is that, will that case be valid after the cancellation? And due to an emergency in my family, can I leave the UAE for my home country now? Please help.

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Returning to the UAE: the effect of mother's debts on the daughter

Q: Dear sir/madam, My friend wants to return to the UAE. She previously held a mother sponsorship visa in the UAE. However, her mother has outstanding loans/credit card debts and she is a supplementary cardholder. In 2016, both their visas were canceled and they returned to the Philippines. Will this affect her chances of returning to the UAE? She did not sign anything for these loans or credit cards, as she is not the principal holder. However, since her visa is sponsored by her mother, who is the debtor, and she holds a supplementary card, will this affect her? Or will it not because she has not signed anything?"

كيف يمكن تقديم شكوى ضد طبيب بسبب خطأ طبي؟

س: السلام عليكم، أجريت عملية تصحيح الحاجز الأنفي، ولكن لم يقم الطبيب بالإجراء الصحيح وما زلت أعاني من المشكلة الصحية. للتوضيح أكثر، لم يتم تصحيح الحاجز الأنفي بالشكل الصحيح. كيف يمكن تقديم شكوى وأخذ تعويض؟

Do you need to change the landlord on tenancy contract upon selling the property?

Q: Good morning, If a property is sold with an active tenancy contract (with a legal eviction notice), does the landlord`s name need to be changed with an addendum or new contract? Does no new information need to be provided? I look forward to your reply. M.

حجز جواز السفر وعدم توفير عمل بعد مرور أشهر على توقيع العرض

س: السلام عليكم ورحمة الله، وقعت على عرض عمل مع شركة في دبي بتاريخ 07/2022. مر أكثر من 6 أشهر ولم يوفروا لي العمل. حاليًا لم يتبقى لدي مالاً لأصرف على نفسي. حالتي الصحية في تدهور. عندما طالبت بجواز السفر، الشركة قالت أنه يجب على الوسيط الموافقة أولاً وبعد ذلك نسلمك الجواز. الوسيط قال أنه يريد المقابل، مع العلم اني دفعت له 2500 درهم إماراتي مسبقًا. ذهبت إلى المحكمة للإبلاغ عن حجز الجواز. أصدرت المحكمة أمرًا بتسليم الجواز لصاحبه، لكن مركز الشرطة المعني بالأمر بدلاً من تنفيد أوامر المحكمة بكاملها اكتفوا فقط بالاتصال بالوسيط والأخير يقول أنه سيسلم الجواز لصاحبه، ولكن إلى الآن لم يفعل. وكإجراء بديل، حرروا لي بلاغ فقدان جواز السفر في مركز الشرطة لأجدده في السفارة. السؤال: هل يمكنني اتباع هذا الإجراء أم تترتب عواقب على هذا النوع من الإجراءات؟ وماذا أفعل لأحصل على الجواز بطريقة قانونية؟ شكرًا جزيلاً!

When would a notice period begin upon resignation rejection?

Q: Good day, I am currently under a 2-year limited contract in Dubai, which began on March 17, 2022. I submitted my resignation on January 15, 2023, due to personal reasons, as I need to return to my home country. My employer replied on the same day that my resignation has been rejected. I will be serving my 2-month notice period, which will end on March 14, 2023, as stated in my resignation letter. I have also requested to have at least 10 days removed from my notice period, which can be deducted from my remaining leave credits. As of today, I have not received any update regarding my resignation, except for my direct manager replying to the rejection email from our HR department. - When will my notice period start? - Will I be liable to pay early termination compensation to my employer even if I serve my notice period? - Will I be entitled to a 1-year gratuity, since my resignation has not been acknowledged until now, and my notice period will end around my 1st year in the company? Kindly advise. Thank you!

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Can the landlord serve me eviction notice to rent the villa higher than RERA Index?

Q: Good morning, I`ve been renting a villa on an annual lease since 1st March 2021. In November 2021 (90 days` notice), the landlord informed me that he would be increasing the rent by just over 20%. This was above the RERA rental calculator but we talked and agreed on 10%. In November 2022, I received an email stating that he would be raising the rent by 33%. Nearly 50% in 2 years. We`ve talked again but cannot reach an agreement. The RERA calculator states no increase allowable. I have now been told that he will be selling the property and received a recorded delivery (12-month) notice of eviction dated November 25th, 2022. 1. Law 33, 2008 states that the 12-month notice should be given upon expiry of the lease. Should the contract be renewed for one more year from 1st March 2023 to 29th Feb 2024? 2. Should evidence be provided to corroborate the intention to sell the property? 3. What rights do I have to ensure that the property is indeed being sold and not re-let at the higher rent?

What to do in case of issuing cheques to a friend for rent and is not paying the amount?

Q: Hi Ms. Jennifer, My friend in Dubai opened her dance studio in Karama & requested me to give her 4 cheques in my name as they had some issues opening an account. She assured me that every alternative month before the due date of the cheque she would deposit the said amount in my account. The 1st cheque was on 10 Nov 2022, for which she put the amount in my account. On 10 Jan 2023 was the 2nd cheque & this time she did not put the money in my account, I borrowed money from my known sources to avoid the cheque bounce case. It has been 13 days now & she has still not deposited my money in the account. How can I get out of this situation? I want to take back my 2 pending cheques from the landlord as the class does not belong to me, I just helped on humanitarian grounds & this is what I got in return. I have been messaging her pleading with her to deposit the money in my account but she has been giving me excuses. Please guide & help me.

Tenant's residency visa renewal while the landlord filed a case against him/her

Q: Good day! My landlord is filing a case against me today. I have my visa renewal this month. Can this case affect my visa renewal process? I applied for a police clearance letter a few days ago, it was approved and I have it. I hope this case won`t affect my visa renewal. Please, I need some advice!

How to claim the refund from an immigration agency after failing to fulfill obligation?

Q: I approached an immigration consultancy in Dubai for a Canada work permit, we signed an agreement and I paid AED 28,600. The agreement said if the company doesn`t process my work permit within 6 - 8 months, I will be entitled to a full refund within 90 working days. The company defaulted on the processing time and I requested and signed a refund document with the company stating that a "refund will be given within 90 working days". From the look of things, the company isn`t willing to refund the money after 90 working days. In this case, what should I do or where should I complain to get my money back from the company ASAP? Note: my visa will expire on February 24, 2023, and the 90 working days for the company to refund me will end on February 04, 2023. Thanks for your assistance.

The landlord is insisting on a 70% rent increase or eviction. What to do?

Q: Dear Lawyers, My landlord gave me a court-notarized eviction order to sell the apartment. However, the landlord has not sold the apartment yet and the notice expiration date has passed. He offered me to stay, but only if I agreed to a 70% increase in rent, despite the RERA index showing a 0% increase. I made an offer and deposited it in RDC, and the judge ruled in my favor to renew my lease on the same terms for one year. I sent this ruling to the landlord and confirmed that the cheques for rent are ready for collection. However, the landlord is now threatening me with legal action, forced eviction, penalties, and damages. Can the landlord still evict me without selling the apartment, despite the RDC`s order for a renewal on the same terms?

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