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UAE

Claiming benefits upon termination after travelling to home country for medication

Q: Madam, I worked for a company in Dubai for 23 years and have not been paid my end of service benefits and sales commission. I came to India for treatment and I could not resume my duty soon since the treatment was lengthy, so the company has canceled my visa and hired someone in my place. I have requested severely to pay the service benefits but the HR manager misbehaved and threatened in an unethical and unprofessional manner! what should I do? I can file a case against the company for claiming my benefits? I am paralyzed and can not walk properly now and suffering a lot! Can you please help me?
Questions & Answers
Egypt

هل يمكن للقاصر سحب أمواله من البنك؟

س: أنا قاصر وأختي الوصية عليّ. هل يمكنني سحب مبلغ من البنك؟
Legal dictionary
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Punitive damages

Punitive damages, also known as exemplary damages, may be awarded by a judge in addition to actual damages, which compensate the claimant for the losses suffered due to the harm caused by the defendant. Punitive damages are a way of punishing the defendant in a civil case and are based on the theory that the interests of society and the individual harmed can be met by imposing additional damages on the wrongdoer.
Questions & Answers
UAE

Can I request changing a limited contract to unlimited to resign without restrictions?

Q: Good Day, Ma`am, I am S. H. from India and working with the waste management company in Abu Dhabi. My employment contract is limited and finishing in June 2021. I want to change it to an unlimited contract so I can leave whenever I want for a better opportunity. Requesting your valuable advice, thank you. Regards, S.
Questions & Answers
UAE

How to claim the payments made for a property after cancelling the project

Q: This is the brief of the request I have submitted: I have paid AED 183,000.00 for an apartment in a residential project, in 2 instalments of AED 91,500.00 each. However, the said project was later cancelled by the developer. A refund of the money already paid was promised by the developer but to no avail. The matter was raised to the Dubai Courts, where I pleaded my case against Case No [-----]. Dubai Courts Real Estate Committee have confirmed my name in the list of investors via official email on 08/10/2020. Now the said case has been transferred to Dubai Land Department. I, therefore, plead with the concerned office of your department to please update me with the latest information on the said case, and request for a timely decision and refund of the amount paid by me as an investor for the said cancelled project. I would be highly obliged and grateful for your just advice on the above.
Legal blog
UAE

The Legal & Psychological Effects of Mental Well-being on Marriage

An interview-format article covering the topic of the legal & psychological effects of COVID-19 on marriage. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
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Questions & Answers
UAE

Right of the buyer to terminate the SPA and request refund for delay in handover

Q: I purchased an off-plan property in 2017 in Dubai. Handover per the SPA was early 2018. I served a formal request for handover in 2018, however, the builder used 1-year extension as per the SPA and revised the handover date to early 2019. Then in 2019, I enquired about the handover, but the builder used an additional 1-year extension as a remedy period. Again I enquired in 2020, construction was incomplete but the seller/builder promised mid-2020. Now in 2021, the building is near to completion (but still not certified). However, I have raised a formal request to claim a refund as per the contract due to delay. Can I personally go to the Dubai Courts service center and make a legal notice to the builder. I am a non-Emirati, however, a resident. Please advise
Legal dictionary
All countries

Unconscionable

A doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favour of the party that has the superior bargaining position, that they are contrary to good conscience. Such terms would usually make the contract unenforceable because no reasonable or informed person would otherwise agree to them.
Legal blog
UAE

Domestic Violence and Its Impact on Individuals and Society

Domestic violence is considered a serious issue prevalent globally, especially in the Arab world. Many Arab households and families experience verbal, physical, and emotional abuse, directed towards both wives and children. This form of violence is deemed a dangerous and widespread phenomenon, carrying numerous negative effects on both individuals and society, as we will explore in this article.
Questions & Answers
UAE

How to hire employees outside the UAE while the entity is in Dubai?

Q: Hello, We have an entity in Dubai Freezone. If we want to hire employees outside the UAE, for example in India or in London, any other location outside the UAE, how do we hire them? I`ve heard of RemotePass which helps to make contracts for contractors outside the UAE. Is this the solution to hire people outside the UAE legally with only an entity in Dubai?
Questions & Answers
UAE

شركة أجنبية ترغب في تأسيس شركة ذات مسؤولية محدودة

س: نحن شركة أجنبية في الولايات المتحدة الأمريكية ونريد أن نفتح شركة ذات مسؤولية محدودة في إمارة أبوظبي بشراكة مع مواطن إماراتي. ما الإجراءات المطلوبة لذلك؟ وهل هناك موافقات من الجهات المختصة داخل الولايات المتحدة؟ وما التكلفة؟
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UAE

إعلان التكليف بالوفاء ضد شركة موجودة خارج الدولة

س: كيف يتم إعلان التكليف بالوفاء ضد شركة موجودة خارج الدولة (إسبانيا)؟ وما جهة الاختصاص القضائي في الدولة في حال عدم ذكر ذلك في الاتفاقية أو العقد المُبرَم بين الشركتين؟ وهل المبلغ الواجب ذكره في تكليف الوفاء يشترط أن يكون بالدرهم الإماراتي أم بالعملة التي تم التعامل بها؟ وما اللغة الواجب استخدامها في الإعلان: العربية أم الإسبانية أم الإنجليزية؟
Questions & Answers
UAE

Paying the police fine while the loan is settled with the bank

Q: I had AED 120,000 personal loan + 20,000 interest out of which I paid AED 100,000 till last May 2020. I was out of UAE due to transplant surgery and was unable to go back due to the Covid situation, meanwhile, in July 2020, the bank deposited my security cheque of AED 120,000 & it bounced. For the past 1.5 years, I am without a job or income. I am trying to reach a settlement with the bank to clear the cheque bounce case. My questions are: 1) If the bank agrees to a settlement and, after payment, withdraws the cheque bounce case, should I still pay the police fine? 2) While entering the UAE, will I have any problem after settlement? 3) What are all documents that I should request from the bank before & after settlement? 4) I have AED 40,000 outstanding on a personal loan, requesting the bank for a one-time settlement of AED 20,000. Can any law firm help/assist me with that?
Questions & Answers
Egypt

رفع دعوى بإيصال أمانة بدون بصمة أو رقم بطاقة

س: إذا كان لدي وصل أمانة مكتوب عليه اسم شخص معين بدون بصمة أو رقم بطاقة، فهل يمكن رفع دعوى باستخدام الوصل أم أنه مُلغَى؟ وما الحل إذا تكرمت؟ شكرًا لكم!
Questions & Answers
UAE

Is the seller of goods liable toward the buyer when the supplier fails to deliver?

Q: Hi, We entered a contract as a trading company to supply goods to a client in Europe from the supplier company in Vietnam. Terms of sales were FOB. The supplier in Vietnam did not perform and deliver the goods to the client`s forwarder. We have filed a civil case in Vietnam against the supplier to refund the payment made to them or provide the goods. The amount is USD 800,000. The end client in Europe is threatening to file a case against us in the UAE even though they are fully aware that we have transferred all funds to the Vietnam company. Under good faith, we kept them updated but now they are impatient and want to recover the money from us saying their contract is with our company and have nothing to do with the supplier in Vietnam. My queries: 1. Can we place a defence if a civil case is filed against us. 2. What are our rights to defend?
Questions & Answers
UAE

تسوية قرض بعد التعثُّر لما يقارب سنتين والعودة إلى الإمارات

س: لدي قرض من بنك. كان المبلغ فوق ٣٠٠ ألف. الآن المبلغ تقريبًا ١١٠ ألف ولكني مُتعثِّر وغير قادر على السداد لما يقارب سنتين وخارج الدولة. هل ستكون هناك أحكام ضدي من البنك؟ هل يمكنني الرجوع إلى الدولة؟ هل يمكنني تقسيط المبلغ بقدر ألف درهم شهريًا إذ لا تسمح إمكانياتي بأكثر من ذلك؟