Self-help
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قرار قضائي ملزم للأطراف المتنازعة ويتم تنفيذه ولو بالقوة الجبرية، ويصبح القرار نافذًا إذا انقضى ميعاد المعارضة أو الاستئناف دون رفعهما، أو بالحكم فيهما إذا رُفعا. Questions & Answers
UAE
How to sue an employer after revoking a job offer?
Q: I received an offer letter from a company (the offer letter has the Managing Director`s name mentioned but no signature) which was accepted by me (via email confirmation). This was followed by a face-to-face meeting with MD to finalize my joining date (which was agreed to be 01-Apr-2021). Accordingly, the new employer asked me to resign from my current job and submit a business plan for my new role. I resigned from my current position and, as requested, a business plan was submitted. I and my new employer, along with another co-founder, had a detailed discussion on zoom call on the business plan and everything seemed fine. Suddenly, after that meeting, my new employer is not responding to my calls and messages. Also, they are not giving any clarity on my joining date. In case my new employer revokes the offer, do I stand a chance to sue the company and claim compensation? Questions & Answers
UAE
Claiming compensation and full refund due to delaying property handover
Q: Hi, I need advice. I have purchased a property that is still under construction. Payment terms were 40% during construction and 60% on handover. I have paid 70% (not mentioning developer name here). As per SPA, the handover was supposed to be Dec 2018 and it has been delayed for over 15 months. Expected possession is by end of the year. I would like to know about the chances of getting compensation for delay (mainly covering potential Rent loss or Interest cost) or I would like to terminate the SPA and receive whatever I have paid. Can someone please advise what is the average fee to the lawyer and court expenses? Litigation expenses: Will it be payable by the developer in case the court ruling is in my favor? Thanks! Questions & Answers
UAE
Getting married when the Wali is unable to travel to the UAE due to COVID pandemic
Q: Salaam, I want to get married in Dubai. Due to the current pandemic, my father and brother are unable to travel to Dubai to be my Wali. Is it necessary to appoint someone as my Wali? What is the process of doing this? Thank you! Questions & Answers
UAE
Terminating an employee's limited contract due to being absent for more than 7 days
Q: My employee has not reported to work for more than 7 days now. Can I terminate his limited contract under Article 120 of the UAE Labor Law? He claims not to report to work until next month and is also claiming the end of service benefits which become null and void under Article 120 (clause j). Can I send a termination letter? Questions & Answers
UAE
شركة مقاولات أوقفت العمل بسبب زيادة الأسعار بدون اتفاق مسبق مع العميل
س: راعي شركة مقاولات أوقف العمل لأن سعر الحديد الإماراتي ارتفع في السوق ويطلب مني فرق وفائدة وقف العمل في الموقع. لقد وقعت العقد الخاص بأرضي وليس به أي بند بخصوص ذلك. Questions & Answers
UAE
The application of a travel ban due to offensive language
Q: Hello, In case someone complains to the police for offensive language / bad words in the UAE, is there any immediate travel ban against the offender? Or in general, is there any travel ban if the case is open for such an offense? If yes, then at what stage of the case the offender cannot leave the UAE? Questions & Answers
UAE
The buyer pays seller and buyer agent fees, is this correct?
Q: Hi, I recently bought a townhouse in Dubai. I paid both the seller and buyer agent fees (2% each, 4% total). I was told that it is the way to be done in Dubai. Is this correct? Questions & Answers
UAE
How to claim money back from a partner after separation
Q: Good afternoon, I am writing from Italy. Before going to court, I would like to know, according to UAE`s laws, if I`m entitled to claim my money against my former Bangladeshi partner. I will sum up the situation briefly: I and my Bangladeshi partner opened on 23rd April 2019 a fifty-fifty trading company in Ajman FreeZone. Due to Covid in June 2020, we decided to separate. Meantime in July, we received an order from a customer with a shipment date in November. After order, proforma invoice, adjustment quantity, etc, on 1th of September, we received a definitive LC at sight from the customer. On the 14th of September, I signed in favor of my partner and left him all my 50% shares for free. I want to know if I`m entitled to ask for my part of the money because I brought the customer and my former partner doesn`t want to pay. Please note that I signed a transfer share form in Ajman FreeZone offices, but nobody wants to give me a copy. Many thanks for helping! Questions & Answers
UAE
The rights of husband in case of KHUL demand by wife
Q: In case of KHUL demand by wife, do I as a husband have the right to ask for compensation for all the expenses incurred during marriage and return of our gold given during marriage including mahr and money spent during marital life? Is it mandatory for the husband to accept Khul when demanded by the wife for such marital discords? In case of domestic violence by husband, what are the legal consequences here in the UAE? And also what is the law for verbal abusive nature of the husband? There are phone recording and voice recording proof for this. Is it legal? Can the husband claim custody of children? If the marriage happened in Dubai Sharia Court, can divorce procedure be done in India? Can home country law be applied for the divorce proceeding in Dubai? Both of us are Indian. How to issue a travel ban for kids? How a father can take custody of children after 11 years of age? What are the requirements? Questions & Answers
UAE
How to settle possible cases for a bank loan and return to Dubai to find a job
Q: Last year, in 2020, I had to leave Dubai due to a personal issue and I still had an outstanding loan. And now I want to go back to Dubai ASAP to find a job. What should I do? Questions & Answers
UAE
How to settle an outstanding bank loan to return to Dubai and find a job
Q: In Jan 2020, due to my personal issue, I had to go back to my country. When I left Dubai, I still had an outstanding personal loan of 125K, but the bank already deducted 49K from my gratuity money. According to the bank, I still have 73K, but I`m unable to pay my instalment since I don`t have any job or income source. I`m planning to go back to Dubai ASAP to find a job, but I also understand I will face a travel ban, and they will catch me once I enter the country. I would like to settle the outstanding if I have money, could someone advise me. Many thanks Questions & Answers
UAE
The consequences of resignation before stamping the visa on the passport
Q: Hi, I have just joined a company in Dubai for 2 months. In the contract, it does not show any probation period. They said that they are already done with my visa but not yet stamped on the passport, also not yet done with my EID. If I resign, can they ban me? Or I have to give 30 days period before I can quit? Thank you! Questions & Answers
UAE
How to make sure the employment visa application won't be rejected for TB
Q: Dear Madam, I worked 14 years as a sales supervisor at one leading retail company in the UAE, Dubai from 2005 to 2019. I left the UAE and returned back to my home country Nepal in August 2019. Now I got a job offer from the same company and want to return to Dubai. I am wary regarding medical fitness test as I was diagnosed with tuberculosis TB in 1999 while I was in Kathmandu and treated at a government hospital and completed my medication and thereafter, I never experienced any medical issues related to TB. Kindly let me know the process, how to apply for the UAE residence VISA. Thanks and best regards P. from Nepal Questions & Answers
UAE
What happens if you resign before completing your probation period?
Q: Hi Ma`am, I am working for a private company. My contract is unlimited and I have been here for 4 years. My question is if I resign with one month notice period before 6 months completed with an unlimited contract, will the employer impose a ban? What will happen if I resign from the company before 6 months? Questions & Answers
UAE