Self-help

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UAE

How to follow up with the execution and get the payment of a labor judgment?

Q: My dad had worked at a company for 33 years. Unfortunately, the company collapsed and he didn`t receive his salary for the previous 3 years and service money for the past 33 years. He filed a case in labor and won the case in his favor. As his visa got expired he gave fees for execution and left for his home country. Now it`s been two years and not a single penny has been received. How can I move forward? When I inquired with the lawyers whom I had given the case they told me the defendant has transferred all his belongings to his children to show that he has no wealth. Any small piece of advice will be beneficial.
Questions & Answers
UAE

عواقب التنازل عن دعوى عمالية لتسريع التسوية الودية

س: السلام عليكم، رفعت قضية عمالية على الشركة للمطالبة بمستحقاتي وأود أن أسوي الأمر بصورة ودية قبل الجلسة لرغبتي في العودة لبلدي. السؤال: هل يمكن أن تُصدر الشركة حرمان لي بسبب تنازلي عن القضية والقول إنها شكوى كيدية؟
Questions & Answers
UAE

Can the wife resident visa be kept on hold in case the sponsor is changing jobs?

Q: Can the dependent resident visa (wife) be kept in case the sponsor is changing jobs in the same emirate Abu Dhabi, UAE? It is a change from government visa to private company visa.
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UAE

How to claim an invoice amount from a customer residing in the UAE?

Q: Dear sir/madam, I am from Kenya. We supplied flowers to a customer and since February 2021, he has not paid except for some little minimum amount. How do I recover my money? He keeps giving empty promises.
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UAE

What can I do against a neighbor who keeps scratching my can in parking?

Q: My neighbor in my building, who has parking allocated next to my car, always uses rough handling and put scratches on my car from the door. I have asked him many times to be careful opening the door, but he doesn`t stop, what can I do?
Questions & Answers
UAE

Getting a travel ban lifted after a settlement with a bank?

Q: Dear sir/madam, I have just made a settlement with the bank, paid a down payment, and signed the papers of an agreement to pay the rest in installments. My question is now how long should it take to get the travel ban lifted? Is there any way to speed it up? My second concern is that the bank has told me that I do not need a clearance letter to travel once the case has been dropped. Is that right? It is not registered by the Dubai police. I`m just worried I will be stopped at immigration again but I’ve been told once the case is gone, it will not be an issue.
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UAE

Is the tenant obliged to pay paint cost and penalty for early exit from rent?

Q: I have been asked to pay AED 1000 for paint while early exiting the flat. The flat is very neat and is like 5% painting needed which is almost in every case it would be. I stay in Abu Dhabi. Also, I paid Approx AED 10,000 as a penalty for 2 months. I completed 4 months out of 6 months contract. I am not sure what to do in this case. Am I liable to pay for the paint at least? I can`t find anything on the contract. The refundable deposit fee is AED 2500. I saw on Tawtheeq, that there is nothing mentioned about bearing costs of painting or even a penalty for exiting early.
Questions & Answers
UAE

إمكانية الاستئناف إذا كان مبلغ المطالبة 50 ألف درهم

س: السلام عليكم، تم استئناف قضية وتقرر تعيين خبير مصرفي من طرف المحكمة والخبير أعطى تقريرًا بخطأ البنك وعليه رد المبلغ للمدعي، ولكن المحكمة لم تحكم لصالحي ولم تأخذ بتقرير الخبير المُعيّن من طرف المحكمة نفسها. السؤال كالآتي: 1- ماذا لو كان مبلغ المطالبة 50 ألف درهم بالضبط؟ 2- أيضًا ماذا لو كان مبلغ المطالبة 50 ألف درهم (وكان في دعوى المطالبة بفائدة)؟ 3- هل ستقبل المحكمة بفائدة وتعتبرها أكثر من 50 ألف؟
Questions & Answers
UAE

What is the right procedure to deduct an amount stolen by the employee from company?

Q: One of our staff stole money from the company. The staff has confessed to the stealing on a letter - signed with a fingerprint. The staff has agreed to deductions in order to cover up the funds taken. Can we do this? Will there be any issue w.r.t. WPS?
Questions & Answers
UAE

The employer refuses to implement the settlement. What to do?

Q: Hi, I had an issue with an employer so I had complained to MOHRE and we came to an agreement of settlement with MOHRE presence. Now the employer is refusing to implement the settlement and I reactivated the complaint. As per MOHRE, they say that there was no such agreement but I have a recording of the conversation as proof. Can I submit this as proof to the court? Kindly advise!
Questions & Answers
UAE

Does a husband still have to pay an alimony if the ex-wife moves out of the UAE?

Q: Dear sir/madam, My ex-wife will relocate to another country and take our child with her. The agreement we signed in Dubai is obligating me to pay alimony. Do I still have to pay if she moves out of the UAE? The cost of living is very different in her new place. Can the Dubai agreement be enforced outside the UAE? Also in the UAE, the child becomes an adult at the age of 21, but in the new country, it is 18. Which one will apply? Thanks!
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Jordan

تأخير تسليم الوحدة السكنية والمطالبة بضريبة القيمة المضافة

س: السلام عليكم، اشتريت وحدة سكنية من مطور في دبي سنة 2014، ووقت التسليم حسب العقد هو 2018، لكن بسبب تأخر تسليم المشروع إلى اليوم في ٢٠٢٢، طالبني المطور بدفع ضريبة الفات (VAT) كاملة رغم أني اشتريت ودفعت غالبية المبلغ قبل إقرار قانون الفات. أدى تأخُّر المطور في التسليم، حيث أنه لم يُسلِّم الوحدة في بداية 2018 كما مكتوب في العقد، أدى ذلك إلى المطالبة بضريبة الفات. هل يحق للمطور المطالبة بالضريبة؟ علمًا بأن الوحدة السكنية شقة فندقية.
Questions & Answers
UAE

Does the law decriminalizing cohabitation apply also to Muslims?

Q: Does the new law decriminalizing cohabitation apply equally to Muslim or Emirati couples as to non-Muslim couples?
Questions & Answers
UAE

Can a shareholder bind a civil company in Dubai if he is not the manager or director?

Q: Can a shareholder bind a civil company in Dubai? Their professional license refers to the shareholders as partners.
Questions & Answers
UAE

How to remove an absconding case filed by my company that closed without notifying us?

Q: I was working with a company and it was closed without giving us any notice or document. I’m still under their visa and it’s gonna expire next month. So I contacted the ministry of labor to ask for their help and get the cancellation paper because the company closed and all the contact numbers not working. Then the labor sent me a cancellation paper asking me to take it to immigration and get the cancellation. When I went to the immigration, they said I have an absconding case. But I’m still on the company visa and they are the one closed everything without informing us. What can I do to this case and how to remove absconding from my side because I didn’t do anything wrong?
Questions & Answers
UAE

How to evict a tenant and recover the cost of overstay?

Q: Hi, Our tenant has been violating the terms of the contract right from the beginning by: a) Not transferring one utility connection under his name causing us to continue incurring charges, b) Keeping a pet which is against community rules. We have repeatedly received complaints from neighbors and building management regarding the disturbance caused by his pet. We have issued the tenant numerous warnings but all in vain. At the end of one year contract, we negotiated and the tenant agreed to vacate after 3 months (signed 3 months contract). Now after the end of 3 months tenure, he is not vacating and we are not willing to renew the contract considering the distress he has caused us and the neighbors by going against the terms of the contract. What is the legal recourse to evict him? We understand that the first step is to send 30 days` legal notice but what beyond that? Also, how to recover the cost of over-stay as the deposit would not be sufficient to even cover the utility expenses? We are not based in Dubai.