Middle East Legal Resources - Legal Advice Middle East

What is the maximum number of days a worker can work without an off day?

Q: Hello, Appreciate it if anyone can give clarity on the below Article of UAE labor law, Article (19): Overtime 5. A worker shall not be instructed to work for more than two consecutive weekend days, except for day workers. As per the above point, if a company gives Sunday as a rest day, what is the maximum number of days a worker can work without an off day? Since it says "weekend days", can he work 14 days or 20 days? That means workers can work till the 3rd weekend. Please advise!

Changing the judgment of a labor case when the value is less than the appeal limit

Q: Our company is currently in the execution stage of a labor case filed by one of our ex-employee and we are paying the claim amount in installments. Before the execution took place, we had filed for an appeal and lost for the same citing the value of the claim was less than AED 50,000.00. The amount claimed by the plaintiff is bogus and we haven`t justly served in this case. Is there any way we can file a fresh complaint against the ex-employee or make any amendments to the current execution?

The employee can't afford the expert fee. What is the best solution?

Q: Hello, When an employee filed a case against a company about some pending salaries and because of some complications in the case about the calculations, the court ordered to hire an accountant expert and all expert fees the employee has to pay. Here I have some questions please answer: - If the employee can`t afford the expert fee, what is the best solution? - If the employee pays for the expert fees, later, will he get back this cost? - If the employee refused to hire an expert, what will be the negative impact on his case? Thank you!

How to know whether you have a case filed against you or not?

Q: Dear Advocate Khalifa, A strange situation happened to me on Saturday 14th of January and I am a bit concerned about it. I was dropping two guests, who came as tourists to a hotel in Dubai and I parked at the drop off area. I was saying good bye but a car stopped behind me and start horning. The driver lost patience and blocked my way. He came to talk to me and even gave me a slap on my hand. I didn`t want to pursue the discussion and even said sorry (as maybe he was in a hurry). Nonetheless, I drove away when he moved his vehicle and he said he will call the police. He took my vehicle number. As it is now, I am unsure whether he filed a case against me. Is there any way of verifying this and how much does it cost bearing in mind the incident happened on Saturday? Thanks for your support and regards, A. J.

How to retrieve a loan given to a friend in cheques for business set-up?

Q: Dear sir/madam, I gave one of my friends AED 35,000/- to set up his business in Dubai. It has been almost a year now and he`s not willing to give me my money back. I gave him the money via cheques, but we didn`t sign any agreement.

Asking for a four-year rent while the tenant was not using the property. What to do?

Q: Dear sir/madam, I have a case in RDC (RERA). I forgot to cancel my tenancy contract in 2017, and now my landlord has filed a case against me (they automatically renewed my contract without my concern), demanding that I pay the entire four-year payment. He wants to impose a travel ban. Please give me advice on how I can solve this issue!

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إمكانية استئناف دعوى قيمتها 20 ألف درهم

س: السلام عليكم أستاذي، أود السؤال عن إمكانية استئناف هذا الحكم: حكمت المحكمة حضوريًا بإلزام المُدَّعَى عليها بأن تؤدي للمُدَّعِي تذكرة عودة لموطنه أو قيمتها نقدًا ما لم يلتحق بخدمة صاحب عمل آخر وبالمناسب من المصاريف ورفضت ما عدا ذلك من طلبات. وما معنى "وبالمناسب من المصاريف"؟

A company forced an employee to sign a cheque as a guarantor. What to do?

Q: Dear sir/madam, My company (Dubai mainland) forcefully made me sign as a guarantor in a cheque bounce case without telling me anything. Dubai Court has issued a travel ban because of this and now I cannot travel. I am not the owner nor the signatory of the cheque. Please tell me whether the guarantor can be changed to another person. If yes, what is the procedure? And how much will it take to relieve me from this?

Can the landlord rent a villa again after evicting the tenant and failing to sell it?

Q: I am a landlord and gave notice (Notary Public) to the tenant to vacate the villa for personal use or to sell 14 months back. Now the tenant has vacated the villa two months before after completing one year of the notice period. There are three real estate agents working to sell the villa for the last two months but the price offered is less compared to my purchase price. Please let me know if I can rent the villa again since I am not able to get a buyer for the villa and keeping the villa vacant for more than two months is a loss for me. I have to pay monthly house loan EMI and it is becoming difficult to manage.

How is the indemnity of a Bahraini citizen be calculated upon resignation?

Q: I am a Bahraini citizen registered with GOSI working for a private company for 4 years and I will be resigning. How will my indemnity be calculated? 1/2 salary for the first three years and one full salary for the next year or something else?

A second-hand car is found defective after purchase. What to do?

Q: Dear sir/madam, I bought a second-hand car from an Indian seller. At the time of the sale, he said that it is perfect inside and outside, and in perfect mechanical condition. The car passed an RTA inspection so we trusted him. Three days later, the car broke down while we were driving. We took the car to a mechanic and they discovered that there are 11,000 dirhams worth of mechanical failures. One of these was in the brake system with low brake fluid and pads that need to be replaced. We are upset because the man told us the car was in perfect mechanical condition and also because we could have been injured by driving a car with failing brakes. Is there anything we can do about this situation? Hope we hear from you soon!

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ترك صاحب العمل والانتقال إلى آخر بسبب تأخير الراتب

س: السلام عليكم، نقلت عملي إلى مؤسسة قبل أشهر عديدة وصاحب العمل لا يلتزم بالراتب ويتأخر في الدفع وأستلم راتبي على دفعات ١٠٠ ريال و٢٠٠ ريال. حصلت على عمل أفضل وأريد أن أنتقل إليه. أفيدوني جزاكم الله خيرًا!

Illegal pressure and retention of passport by the employer

Q: Dear Sir/’adam, My two-year contract ends on June 12th, 2023. I submitted a request for marriage leave from March 1st to April 10th, with plans to return on April 11th, but management denied my request due to the contract period, even though I have 20 days of paid leave remaining. The management is now pressuring me to renew my contract and go on vacation or resign from the job in order for them to find a replacement. They are also holding my passport. Please advise!

The refusal of evicting a property and asking for a new eviction notice

Q: Dear Lawyers, An eviction notice with the intent to sell was served by the previous owner almost 12 months ago in January 2022. The existing tenancy contract at that time expired in September 2022 and was renewed by the previous owner until the end of January 2023 (the expected eviction date according to the legal notice). I purchased the property in December 2022. Now, the tenant does not want to leave and is requesting another 12-month notice since I am the new owner, and he was told by someone at DLD that the old notice lost its validity. Please advise on what action I should take if I want to move into the property in February 2023.

Unpaid debts at a former company led to a travel ban on an employee. What to do?

Q: Dear sir/madam, When working at my previous company, during the final stages, court papers were being received from many suppliers due to unpaid debts. As I was present at the company at that time, I received such papers and a court official took a photo of my ID. Now, when I try to travel, it shows a travel ban and asks me to approach the court. I have also obtained a police clearance certificate. Is there a chance to initiate a travel ban due to the above issue? Please advise!

طريقة حساب أجر الإجازة السنوية

س: السلام عليكم ورحمة الله، نما لعلمي أنه تم تعديل قانون العمل الإماراتي. لدي سؤالان: 1. في حال أكملت سنة مع الشركة التي أعمل بها، هل يتم احتساب أجر الإجازة السنوية وفق الراتب الأساسي فقط أم من الأجر الكامل؟ 2. في حال تغيير قانون العمل وتغيير بعض البنود، هل هذه البنود تُطبق فورًا وتتغير البنود القديمة أم يبقى الحال كما هو عليه لحين الحصول على عقد عمل جديد أو تجديد عقد العمل؟

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