Self-help
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Balance of probabilities
Evidence which is more convincing than evidence that is offered in opposition to it; standard of proof in civil cases requiring that one side’s case must be more likely than not when deciding on liability. Questions & Answers
UAE
Checking a possible travel ban or case by the bank before returning to the UAE
Q: My mum had debt cases before and served a prison sentence for them in 2011. After she got released, she went back to the UK. I live here and she wants to visit. I need to know if it`s possible for her to visit without running into problems. Questions & Answers
UAE
How to appeal a case after losing it while its first appeal is rejected?
Q: My employee has filed a case against me. I lost the case. The employee is claiming AED 54,000/- from the court. Dubai court has given a decision against me. In the "Petition for review - labor" section, I filed for an appeal which I lost again. I need to appeal again in order to file a case as he has forged my signature and his salary was AED 2700/- and all salaries are paid while he is claiming that AED 50,000/= was paid by him as company expenses. Questions & Answers
UAE
Can the employer force me to sign a statement to deny my EOSB?
Q: Good afternoon, If I break the company regulations and rules and my employer forces me to write a statement and include that if I do a mistake again I will not get my end of service benefits, is it in order? What can I do if I am forced and write the statement for the protection of my job? And if the company terminates me, is there a chance for me to get my end of service benefits? Thanks Questions & Answers
UAE
How to get money as per the final judgement when the company declares bankruptcy?
Q: I have won a labour case from the Abu Dhabi labour court against my company and execution has done during Nov 2020 but the money is not yet received. The company is now working. If the company will declare bankruptcy now, what are the chances of getting my money as per the final judgement? Questions & Answers
UAE
What are my rights in case of termination after completing probation period?
Q: Hi I completed my probationary 6-month period out of 3 years contract and after 2 months, my company didn’t want me to work anymore and I don’t have a job right now. They don’t want to terminate me, instead, they want a settlement. They offered me my 25 days pending salary, 2 months accommodation pending allowance and leave pay. I refused and asked them for money as negotiations but they keep delaying it. My question is 1. Can I ask for compensation from them while negotiating the settlement? 2. Should I file a complaint against them for not cancelling my visa? 3. Is it good for me to wait for the settlement and wait for the cancellation? 4. Why they don’t want to terminate me? 5. Approximately, how much should I get from the company if I file a complaint for damage? Questions & Answers
UAE
How to check possible cases by the bank before renewing your visa
Q: Hi. I just need advice. My friend lost her job for more than a year now since the pandemic started, and unfortunately, it affects her credit card obligations. Her credit card debt as of January 2021 reached AED 20k already and she has no way to pay it since she has no work. Right now, she is currently holding a visit visa while trying to find a new job. Next week she is about to renew her visit visa and she is afraid that she won`t be able to obtain a new visit visa due to her credit card debt and thinking that she might be in jail. Please help me, how can she solve her problem? What actions should she do so she can renew again her visit visa? How can she know if the bank already filed a case against her and what can she do about it? Thank you so much in advance for your help! Questions & Answers
UAE
How to get a police clearance certificate while being outside the UAE?
Q: I had a loan which I have settled and paid off. Now the bank is telling me that they will clear it but I need to have a lawyer go to court on my behalf. I am not living in the UAE anymore and I only need to get a police clearance certificate (PCC). Do I need to get a lawyer to get the PCC? Or will the bank clearing be enough? If I do need a lawyer, how much will it be? Questions & Answers
UAE
Would a promotion offered with less salary be considered constructive dismissal?
Q: Hello, I am originally from the UK and relocated to Dubai in 2004 when my company established a new office. I originally joined the same company in 2001, based in the London office. Since then, I have grown with the organization and am in a middle management role. Recently, the company announced they would downsize the Dubai office, and affected staff would be offered to relocate back to an office in their home country (India) or to the new office being established in Spain. I have been advised that my present role will be made redundant in Dubai but have been offered a new role in Spain. The new role is seen as a promotion but there are little to no benefits and it`s a major drop in salary (basic salary would drop by 40%). There are no additional allowances. Currently, I receive basic salary + allowances. I have been in the UAE since 2004 and my options appear to be limited to accept redundancy or a new role with a significant drop in salary. Would this be considered constructive dismissal? Questions & Answers
UAE
Obligation to serve notice period upon resignation for working on tourist visa
Q: I am working in a restaurant on a tourist visa. I resigned while still on the probationary period. Now they are asking me to do a notice period. What is my right as an employee for this matter? Questions & Answers
UAE
The non-compete clause in case of working in a different field
Q: My previous company is claiming that I broke the non-compete clause even though I am working in a completely different field. Questions & Answers
UAE
How to object to the maintenance charges determined by the building management company
Q: Hello, I am the owner of an apartment in JVC. The building management company charged very high maintenance charges. They are asking to pay AED 22 PSF, not worth paying even AED 10 PSF if you see the building condition. Also, no one invited us while selecting this company. It was forcefully implemented on us by the property developer because this company belongs to the same owner of the property. Now I have received a notice from the Rental Dispute Center. What should we do? Please advise! Questions & Answers
UAE
An employer delays issuing the cancellation papers after completing the notice period
Q: My office is in Tecom Free Zone. I resigned one month back and now completed the notice period but they didn’t cancel my visa. My new employer is asking for cancellation papers to get me onboard. The current company is not issuing them. I would like to know how many days can a company hold my visa cancellation? And what steps I have to take if they delay my visa cancellation? Questions & Answers
UAE
Inability to attest the Tanazul paper because landlord company trade license is not renewed
Q: I had a bounced check case. My landlord made a police case in 2018. After several attempts to make a settlement, the landlord finally agreed to settle the matter. I was asked to make the payment of the settled amount. I paid the amount at the police station and received a Tanazul paper from my landlord. After making the payment, the police asked me to visit the public prosecution. Upon visiting them, they said that this letter is not acceptable as it has to be notarized, and then it would be acceptable. Today, after visiting the Notary Public, they asked for the landlord company trade license which is not renewed. The landlord says he can not renew the trade license. I want to remove the case from the system by paying the fine. Please guide if it is possible. What should I do? I want the case to be closed. I made the payment in front of the police officer. Your kind suggestion in this regard would be highly appreciated! Questions & Answers
UAE
A friend borrowed money and is paying back in small installments, what to do?
Q: My friend borrowed 10k dirham from me. She isn’t paying them back. She is paying a very small amount like 200,300 per month. If I file a case, then can the court help me to get back the full amount of money in one installment? Or will the court allow paying slowly because her salary is 3k per month? And if she pays slowly in installments, then I’ll have a loss because I need to build my house and I need all money. What should I do? Please help! Questions & Answers
UAE