Middle East Legal Resources - Legal Advice Middle East

Best way to file a case against my ex-wife to pay her agreed part of kids education

Q: My ex-wife had signed a document unconditionally agreeing that she will pay 50% of the cost of education for children. I registered an expert dispute case with my ex-wife as a party. The court appointed an expert who determined that the share that my wife should pay is 468,300 AED. Are the conditions for the performance order met? Or should I register a regular civil case?

فتح ملف تنفيذ بعد كسب قضية عمالية بدون نتيجة. ما الحل؟

س: السلام عليكم، كسبت قضية عمالية وتم فتح ملف تنفيذ. تقدمت بطلب الحجز على مقر الشركة والرخصة التجارية والحسابات البنكية بدون أي نتيجة. تقدمت بطلب إحضار للمدير وتم رفضه من قبل القاضي. لو تكرمت أخبرني بما يمكن فعله، علمًا بأن الشركة مساهمة محدودة المسؤولية وتم فتح ملف التنفيذ منذ أكثر من شهرين بدون تقدُّم. شكرًا!

What kind of agreements do you need to set up a company?

Q: We are 3 friends planning to start a business. One is a sleeping partner as he is working with another company. So could you please suggest to me what kind of agreement I can make to add myself legally to the company?

How to sue a stocks trading company and claim back invested money

Q: Hi Lawyers, A lot of people had invested in a Forex trading company based in the UAE. Do we need to get a lawyer to file a case or can we report it to the police station to summon the party involved so they can settle and refund our money back? Please help us. Thank you!

How long is the notice period to vacate if the landlord is selling his property?

Q: My landlord is selling his villa and wants us to leave. I thought he should give 1-year notice. Our lease is up on 14 March, 85 days from now. My rent is 220k per year, he has now advised today an increase to 260k per year. Is this aligned with the law? Thank you

Termination of an employee after filing a labor complaint for non-payment of dues

Q: 2 months back I filed a complaint to the labor because I wasn`t getting off days. My employer decided to give me two off days per month, but after two months he came back saying he is going to terminate me because all workers are complaining, and he going to compensate me. Among the money calculated was all the overtime money, gratuity, pending salaries, dismissal amount (3 months` salary). So we agreed on the amount to be paid, but when they presented the end of service entitlement form, the agreed amount wasn`t stated and I refused to sign it. I went to the labor office and filed my complaint. Now because I filed the complaint, the company has immediately stopped me from work. Is it right for them to stop me? And was the amount I calculated the right one?

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The visa is rejected due to a cheque bounced by mistake. What to do?

Q: Hi, I forget to take my cheque from the landlord when I left the house after getting the clearance letter from the landlord. By mistake, that cheque is given to the bank and it bounced back. Now after a year when my company was trying to file a VISA for me, it gives visa rejection. Any suggestion to get out of this.

How to remove a rental cheque case and travel ban after paying the amount in cash?

Q: Hey I rent an apartment in a building managed by a bank and had a one-year contract. They changed the management after three months of the contract. And then I had a bounced cheque so I went to the bank that was currently managing the building and paid them in cash. They said the old bank will send me my cheque back within a month. But after a few months, I received a message from the police that I have a criminal case so I went to check and found out that I have a travel ban as well. My mom was sick and I was traveling with her on Sunday and this happened on Thursday, 2 days before that. I went to the bank and got to know that they received the email but yet they filed the case by mistake and until this day I haven’t received my cheque back. It’s been 10 months now. Kindly let me know if I have a case.

إلغاء توكيل حُرر في مصر من الإمارات

س: السلام عليكم، حررت توكيلاً رسميًا عامًا بالبيع والشراء في مصر وأنا الآن مقيم بالإمارات. الشخص الذي حررت له التوكيل العام خان الأمانة وأنا الآن أرغب في إلغاء هذا التوكيل حتى لا يستطيع الإضرار بي أكثر من ذلك. أفيدوني أفادكم الله!

Returning to the UAE to find another job if the previous employer did not cancel the visa

Q: Dear sir/madam, I have returned to the UK as I resigned in my 6 month probation period due to my parents` health. I still have a valid residency visa in the UAE as my workplace has not canceled it yet. If it was not canceled yet, can I return to the UAE and find another job? Is that possible even if on a holiday visa? Or would it be wise to start another job with another visa in say 3 months` time or even 6 months going through the visa process again? I didn`t abscond. I followed through with the finishing process exactly as required where my workplace was concerned.

The employer got all necessary documents but did not processed the visa

Q: Hello, I joined my employer in Dubai mainland 5 months ago. I gave him all the documents necessary for visa processing including the visa cancellation letter, but since then, he has not processed the visa. I am now in overstay.

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How can you exit a limited-term contract before the end of its term

Q: My contract is limited. I want cancelation because before 2 years.

Can you resign after finishing one year of service to take a better offer?

Q: I have been working as a Finance Manager in an LLC. My labor contract was executed in November 2020. Now 13 months over and I have got another job offer with a better salary in another LLC and in another emirate. Can I submit my resignation to leave within 30 days? Please let me know the legal issues.

Claiming the labor dues after working in India for a UAE company without contract?

Q: Hi ma`am, A company has released an offer letter to me to work in Delhi for interior projects. I joined the organization in Delhi and worked on 1 project which is nearing completion and is in the handing-over stage. As there is no office in Delhi, I was working from home in Delhi. No joining formalities were made. As the situation was getting difficult day by day. I asked them to allow me to work from my home town (approx 3k KMs from Delhi), they said Ok but no work was assigned nor they were making my salary payment even for the month I worked at Delhi. To join this company, I have resigned from an organization where I served for 5 years 6 months. Please suggest the way forward to deal with this issue, please!

ادعاء العميل وجود عيوب خفية في المواد بعد تركيبها بأشهر

س: السلام عليكم، نحن شركة ألومنيوم وحديد ونجارة. قمنا بتركيب حمايات حديد وأبواب وشبابيك ألومنيوم وأعمال مطبخ وغرف نوم وساونا لأحد الزبائن وكذلك قمنا بعمل مخالصة بيننا وبينه على الأعمال. بعد 3 أشهر، يدعي العميل وجود عيوب خفية في المواد المُسلَّمَة له ويريد تقديم دعوى. هل هذا جائز له؟ مع العلم أنه كان يتابع تركيبات جميع أعماله أولاً بأول ومطلع عليها.

رأي في القرار التعقيبي المدني عدد 76935 الصادر في 11 نوفمبر 2020

أصدرت الدائرة المدنية والتجارية الرابعة بمحكمة التعقيب، برئاسة السيد منصف الكشو وعضوية المستشارين السيدة نجوى الغربي والسيد محمد المعز العروسي، القرار التعقيبي المدني عدد 76935 في 11 نوفمبر 2020، وهو قرار غير منشور.

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