Self-help
Available entries: 13622 entries
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UAE
The buyer is unable to handover the salon after paying a down payment, what to do?
Q: Thank you in advance for this platform which helps others. My wife paid a business owner a down payment of 45,000 AED for a salon that they are selling. This was in December. The owners signed an agreement that they will hand over the documentation and tenancy contract to us. They gave us the key to the unit as well since the salon is closed. Due to an issue with their property management, the handover was delayed and they missed out on several deadlines that we have an agreement on in writing. They gave a security cheque of 45,000 AED as a guarantee with a promise in writing that if they don`t hand over the business, we can encash the cheque. It has been 3 months since they committed to hand over the business, They are not answering calls and are not cooperating. We want to deposit the cheque. If it`s bounced, we will bring it to the attention of the police. May we request your advice on this situation! Questions & Answers
UAE
Asking an employee to resign due to failure to meet his target
Q: Hello Maam /Sir, Please advise on my case! I was hired last April 6th, 2021 with a visa for a tourism company here in Dubai. I truly signed on both parties for my monthly salary amount of 2500. At the end of the month, I received 1000 as HR advice was to reach my target before I get my salary. Unfortunately, I was not able to bring them the target as mandated monthly. Today, my employer called me to his office and was angry due to sales target issues. In short, he was advising me to send my resignation and said that he will make my life a hell. Now my question is: will it be possible to report absconding against me when I send my resignation to them? Kindly be informed that my contract is a limited contract. Please advise! Questions & Answers
UAE
Non-renewal of a limited contract without notice after confirming its renewal
Q: I am working with a commercial laundry in Abu Dhabi since last two years. My visa has expired on 15 May 2021. A few days ago, my manager and HR asked about renewal and I said "yes" and they also said "OK". Now, the company manager is saying they will not renew my contract (fixed 2 years). There was no information or notice given to me to date and still, I am working with the company even while my emirates ID and visa have expired. It is hard to find a job within days. It was better if they would have informed me at least 30 days prior to the visa expiry date, so I could look for something around. What are the legal procedures or actions which I can take against the company because it is not the right way to cancel my visa without telling me on time? Questions & Answers
UAE
An employee issued a security cheque on behalf of the company, what to do?
Q: Hi, I had given a security cheque of AED 5000 on behalf of a company I was working for as at that moment the owner was in the process of changing the bank account. Therefore on goodwill, I had given my personal cheque. I left the company and now the company is not paying the service provider and therefore the service provider has deposited the cheque even though I clearly asked them not to, as I am not part of the company any longer. I have now asked the service provider to return back my cheque and to send their collections team to the head office to get their payment sorted. Is there any way I can take this matter to the police as the company is still running and the owner is still around? All invoices were issued under the company. I would much appreciate your assistance on this matter! Questions & Answers
UAE
The calculation of annual leave in different scenarios
Q: Hi, Quick questions: 1- How is the annual leave calculated if someone has completed more than one year in service. a- Leave of 30 days in 12 months; i.e. 11 months of work + 1 month leave = 30 days in 12 months. b- Leave of 30 days after completing 12 months every year; i.e. 12 months of work + 1 month leave = 30 days in 13 months. 2 - Is the leave period considered for the calculation of subsequent leave entitlement? Or is it calculated from the date of rejoining after leave (leave period excluded)? Questions & Answers
UAE
The landlord is not responsive when informing him about vacating the apartment
Q: I informed the landlord via WhatsApp and emails that the apartment is vacated and I am ready to return the keys. There is no reply from the landlord. I returned the keys via RDC. The landlord demands the full rental amount now for not returning the keys earlier. Legal blog
Tunisia
الطعن بالخطأ البين
لم يجعل المشرع التعقيب درجة ثالثة للتقاضي وذلك لاختصار المنازعات وضمان استقرار الأوضاع، ولذلك فلا يمكن مبدئياً الطعن في القرار الصادر عن محكمة التعقيب. غير أنه استثنى من هذا المبدأ المعمول به في القانون المقارن حالة الخطأ البين، إذ خول في هذه الحالة الطعن في القرار الصادر عن إحدى دوائر محكمة التعقيب. فقد قضى الفصل 192 من م.م.م.ت أن الدوائر المجتمعة تنظر أيضاً عند وجود خطأ بين في قرار صادر عن إحدى الدوائر. وقد حدد المشرع ثلاث حالات لهذا الخطأ، عند وقوع إحداها جاز الطعن بالخطأ البين طلباً لتصحيحه. Questions & Answers
UAE
Applying additional 3-month probationary period upon changing position
Q: After the 3-month probationary period passed, the company discussed with me about adjusting my position, but asked for another 3-month probationary period, is it legal? Questions & Answers
UAE
Job role is different from what the employer told the employee
Q: Dear Mam, I am currently working in Ras Al Khaima as a limited contract staff. Currently, I am in probation period and have finished my 4th month of probation. In the present condition, the job role is different from what the employer told me at the time of joining. I would like to know, am I able to resign after my probation period? And should I pay anything for my company? And will be there any problem for submitting resign before the completion of my contract? Kindly requesting your advice, Thank You! Questions & Answers
UAE
رفع دعوى عن واقعة سب وقذف بعد مرور ثلاثة أشهر
س: 1- هل تُقبَل شكوى أو دعوى شخص عن واقعة سب وقذف إلكتروني (عن طريق استخدام وسيلة تقنية المعلومات) بعد مرور أكثر من 3 أشهر؟ 2- في حال أنها رُفِعت للمحكمة وحُكِم بالبراءة في مرحلة الاستئناف من التهمة، فهل يحق لي المطالبة بالتعويض عن الأضرار الناتجة عن هذه الدعوى؟ 3- هل المطالبة بالتعويض تتم في نفس الجلسة أم برفع دعوى أخرى؟ Questions & Answers
UAE
حقوق وافدة متزوجة من إماراتي في حالة استحالة العشرة
س: أنا مصرية الجنسية ومتزوجة من إماراتي ولدينا طفل. لاستحالة العيش معه طلبت الطلاق منه، ولكن رفض وقال لي "ابرئيني من كل شيء أطلقك"، "ولا مليم ولا درهم تأخذيه مني". لا أدري ماذا أفعل؟ علمًا بأنه متبقي من المهر مبلغ؛ وهو تقريبًا يقصد هذا المبلغ إذ لا يريد أن يعطيه لي. هل يمكن أن أحصل على حقوقي أو باقي المهر وحقوق الطفل؟ أرجو ذكر حقوقنا أنا والطفل؟ هل أرفع دعوى طلاق أم أتوجه للتوجيه الأسري؟ أرجو إفادتي بالله عليكم! ماذا أفعل فأنا أقيم حاليًا بدولة الإمارات وليس لدي بيت لأنه لم يوفر لنا بيت للعيش فيه ولكني أقيم في أوتيل مؤقتًا؟ أريد سرعة إتمام الإجراءات اللازمة. شكرًا لكم! Questions & Answers
UAE
Does taking commission for providing leads to another business abroad need a license?
Q: I have a friend based in Canada and runs a company (registered and based in Canada) that is into placing individuals for jobs and providing them work permits. He promotes his business to generate leads online by mentioning his Canada phone number along with my UAE number and KSA number (another friend`s number in KSA). I get calls from potential leads for inquiry and I get a small % of commission for successful conversion. Will my answering calls for potential lead inquiry tantamount to business and will I need a trade license? Questions & Answers
UAE
How long do the execution procedures take before getting your labour dues?
Q: My labor execution case number is [----]. Al Adheed center informed me to get back after 21 days. More than 21 days passed but I was informed to wait till June 01. Still in process. I need to know how long it will take to get my settlement from the company. Kindly advise me. Questions & Answers
UAE
The required procedures to get the dues after leaving to home country
Q: I was working in a company in Dubai and in July 2020, I came home and after that, they didn`t call me back to join again. My visa is still active and I have a pending leave salary and other dues. What is the procedure to get my dues? Questions & Answers
UAE
The required documents and procedure to transfer late father's property
Q: Hi, My father, who is an Egyptian Moslem and never was a resident of the UAE, has 4 properties in unfinished developments in Dubai who he was paying instalments on. We (the heirs - myself, my two sisters, and my mother) would like to transfer the properties in our names so we can continue to pay the instalments. I understand we need to file a case at the Personal Status Court to obtain a court order and give it to the Dubai Land Department to update their records based on the Dubai Court Order. I have the following documents: - Father`s death certificate attested by the Egyptian Foreign Ministry and UAE embassy in Cairo. - Inheritance certificate stating that we are the legal heirs attested from the Egyptian Foreign Ministry and UAE consulate. - General PoA from my sisters and mom to myself attested from Egyptian Foreign Ministry and UAE consulate. - Passport copies of all of us including my dad. - Contracts for properties from developer. Do I need anything else? Questions & Answers
UAE