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UAE

تنفيذ حكم صدر في 2007 بمبلغ نفقة حدث تصالح بشأنه في حينه

س: السلام عليكم، نفذت زوجتي الصيغة التنفيذية على حكم من 2007 بمبلغ نفقة 5000 شهريًا وتاريخ التنفيذ اليوم في 2021 ومكتوب في الحكم أنه حضوري ولم يخبروني عن هذا الحكم لأننا خرجنا من الجلسة وحلينا المشكلة في 2007 ورجعتها البيت والآن مطلوب تنفيذ الحكم الأسبوع القادم. ماذا أفعل؟
Questions & Answers
UAE

How to claim back the property investment promised by the developer company

Q: I have invested some money in a project 1.5 years ago but the project did not start yet. The person who is the CEO of the project promised me via email to pay my investment back by 15 Jun 2021 but has not fulfilled his written commitment. What choices do I have now? I have the signed MOU and advice for funds transfer to his designated account.
Questions & Answers
UAE

Employer refuses the resignation of the employee and forces him to leave country

Q: Hi I submitted resignation to my company in the UAE but the HR department is not accepting my resignation. 20 days passed and I have also requested them many times to accept my resignation and they are refusing to accept it. But after 20 days, the management is terminating me and saying "we will not cancel your visa and will not allow you to work for another company." They are saying "we will send you back directly to your home country without any notice period." I have a job offer from a company in the UAE. Please advise.
Questions & Answers
UAE

Expiry of partner visa while abroad after closing the airport due to COVID-19

Q: I have a partner visa in Sharjah. I am out of the country and I want to come back but flights are closed due to COVID-19. My visa expired on 26 May 2021. How can I renew my visa? Or did the UAE government extend visas?
Questions & Answers
UAE

The bank holds the EOSB after changing administration despite paying instalments on time

Q: Hi, I would like to ask for advice. I worked in a semi-government laboratory here in the UAE. Recently, it was acquired by another government entity and our end-of-service benefits were credited to my bank of which I have a loan and credit card. The EOSB was held by the bank. I have never missed any installment as my salary is also remitted in the same bank. I submitted all the documents required. I have no changes in my salary and benefits with the present employment. What remedy can I avail for the bank to release my EOSB? I already contacted them about this but the customer service is always telling me to wait for the call of the concerned department, which I have not received until today. Thank you.
Questions & Answers
UAE

Can a real estate agency hold a percentage of a property sale until transfer is done?

Q: A real estate agency has signed an MOU stating that a 10% security deposit from the buyer and the seller will be kept in the real estate agency and will be released upon transferring the property. The transfer of the property was blocked due to the court order. According to my colleagues, the real estate agency is not a trustee and they are not allowed to have taken my security check in the first place, is this correct?
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UAE

How can I get my pending salary and labour rights and remove absconding case?

Q: Good day. I just want some help and advice regarding my case. Last July, my employer sent me to jail. After holding me for a week, the court found me innocent and sent me out of jail. After I cleared my case at the court and took my passport, the CID called my employer to cancel my visa, they said that they will cancel it and also bring our things to the embassy, as well as our pending salary. But until now they didn`t do it. I went to immigration to check my status but they told me my employer filed me absconding after I cleared my case. I filed a complaint to the labor as well and they proceeded to the court, but I didn`t get any response yet. What should I do to proceed with my complaint? And is there any possibility to clear my absconding because I have court documents when they sent me to jail before? Best regards, R.
Questions & Answers
UAE

تقديم بلاغ هروب ضد موظف لدى فصله من العمل

س: تم إنهاء عمل والدي في الشركة التي كان يعمل بها. طُلب من الوالد إنهاء إقامته وإقامة أبنائه ففعل ذلك ليُفاجأ بالصدفة بوجود تعميم بذريعة الهروب مع العلم أن الوالد موجود بالدولة ولم يغادرها وجواز سفره محجوز لدى الشركة نفسها. هناك خطاب فصل من العمل من الشركة وأيضًا لم يتم تسليم الوالد مستحقات إنهاء الخدمة ونتيجة لذلك تدهورت أحوالنا المادية والاجتماعية والنفسية وأيضًا تدهورت حالة الوالد صحيًا ولم يعد قادرًا على الحركة كما السابق. في ظل هذه الحالة، ما الإجراءات التي يجب علينا أن نتبعها لرفع هذا التعميم والتعويض عما تسبب به هذا التعميم الكيدي من أضرار مادية وصحية ونفسية؟ شكرًا جزيلاً!
Questions & Answers
UAE

Asking an employee to pay money to get his passport back

Q: Good afternoon, I have joined a company as a DSA in Deira. I had completed my documentation in 1st week of April. They took 620 dirhams for visa status change and kept my passport. My visa status has changed; it is showing employment and the last date is 23 June 2021. They did not book my medical or visa process till the 15th of June and the last date is coming within 1 week. When I told them that I want to quit, they asked me to pay 3000 to take my passport back. What I have to do? Kindly suggest!
Legal blog
Tunisia

حدود تجاوز المحكمة للأسس القانونية للدعوى

لقد تبين لنا من خلال المقال السابق (تجاوز المحكمة للأسس القانونية للدعوى) أن المحكمة غير مقيدة بالأسانيد القانونية التي يتمسك بها الأطراف، إذ أن عليها أن تفصل النزاع طبق القواعد القانونية التي ينبغي تطبيقها عليه، ولكن لهذه الإمكانية حدود تتمثل أساسا في العناصر الواقعية للدعوى وفي إرادة الأطراف.
Questions & Answers
UAE

How to get your finder's fee if you are not a registered real estate broker in the UAE

Q: I am not a real estate agent. I just happened to match a sale of property deal between two licensed agents, one is the seller`s agent and the other is the buyer`s agent. I wanted to know if legally I can get paid referral or finder`s fees if the property is sold. If yes, I need help drafting the agreement between all 3 parties.
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UAE

Can the employer force the employee to renew a limited contract upon its expiry?

Q: I`m working as a security guard for the last 3 years in Dubai, since June 2018 and still working. My visa is going to finish in August 2021. I don`t need to renew my contract again but my employer is accepting my resignation paper before 45 days. They are forcing to renew the contract. If my visa is finished, can I go to my country? Also, my passport is going to finish this August after my visa expires. Can I complain at the police station?
Questions & Answers
UAE

Rights of the employee in case of termination during probation for poor performance

Q: I am working in Dubai under probation. If my employer terminated me and canceled my visa because of the warning letter that I received stating poor performance, do I get a ban and can I claim my last salary?
Questions & Answers
UAE

Right of the wife to claim custody in the UAE after losing it in home country

Q: My ex-wife and I are of the same nationality, non-muslim. We were married back home and divorced back home in Feb 2021. The court granted custody to me. I live with my children here in the UAE. The children are 16 and 9. She refused to go back home and now is an illegal alien in the UAE having an expired tourist visa. She threatened me to go to court here to take back custody. Can she do that?
Questions & Answers
UAE

What is the expected punishment for testing positive on drugs in the UAE?

Q: My friend was caught 2 months ago for an attempt of promoting drugs. 3 days later, I was taken for questioning and they did a test which was positive (crystal meth) and I was released on the 3rd day. A few days ago, I received a message saying I should attend a court hearing this 30th. My question is, will there be any deportation? Or will I have to pay a fine? I was caught for consumption only, not promoting neither possession.
Questions & Answers
UAE

Selling the company and handing its bank account without the consent of one partner?

Q: I had a trading company in the UAE with a local sponsor of 51%, myself and my partner 49%. We have a joint signature company account in a bank. I left the UAE and was not able to return back. 1. Can my partner operate that company account without my consent/approval? 2. Now my partner has sold that trading company to another person. Can the bank allow that company account to operate? Please advise. Can you provide services for the above on my behalf?