Middle East Legal Resources - Legal Advice Middle East

Claiming the EoSB and repatriation costs of a deceased friend

Q: Dear All, My friend passed away two months ago in Dubai and I had to repatriate his body remains to his home country in India. The sponsor company had stated in writing that they would bear the repatriation costs, which I had submitted to the Consulate General of India to cancel the passport for the repatriation. After repatriation, I had visited the sponsor company to claim the repatriation costs and the end of service benefits of my friend. I have obtained the POA in my name on behalf of his legal heirs to claim his end of service benefits from the sponsor company. The sponsor company is now stating that the repatriation cost reimbursement and end of service benefits can only be released together post-opening an account in Dubai Personal Status Courts. I am also getting cues from the sponsor company that it is reluctant to reimburse the repatriation cost and is now stating (verbally) that I should not have born the cost. Kindly advise regarding what should I do to safeguard my position. Thanks in advance!

مساومة العامل على تخفيض راتبه ثم إيقاف تجديد عقده محدد المدة

س: انتهى عقدي مُحدد المدة ٣ سنوات بتاريخ ١٧-٨-٢٠٢٠. قامت المؤسسة بمساومتي على تنزيل الراتب مقابل تجديد العقد فلم أوافق بتاريخ ١٩-٨ أي بعد يومين من تاريخ انتهاء العقد. أرسل كتاب لي بعدم التجديد. ما حقوقي لو أردت رفع قضية ضدهم لأني دخلت بعد يومين في العقد الجديد الذي يُفترَض أن يُجدد حسب قانون الدفاع بنفس المدد السابقة؟ ملاحظة: جددته ٨ مرات سابقة مع نفس المؤسسة.

Claiming the property of husband after his death in the UAE

Q: Good day, My friend now is facing some difficulties to get part of a property located in Dubai. She is a citizen of a Central Asian country and her husband is a citizen of Yemen. They got married in a registry office in Dubai. He had died some time ago and there is no will left. He used to have 2 more wives and children from these wives. My friend (his 3rd wife) wants to get some part of the property located in Dubai. Her husband used to have a residence in the UAE as an investor. Can you please assist whether she can claim for the part of this property (both of them are not citizens of the UAE)? If yes, is it possible to explain in brief the procedure? If no, can she obtain a decision from the Court from her country of residence on the division of the property located in Dubai and later enforce this decision in Dubai? Then will the court of Dubai recognize and enforce this decision of the Civil Court of the foreign country? Thanks

Claiming compensation for malpractice and failing to diagnose cancer

Q: Hello, I went to my doctor in June 2019 with a lump in my breast. I had an ultrasound and mammogram and was told it is nothing (I now have the report which advises a biopsy. This wasn`t done). In March 2020 I went back and said it had grown. She still said it was fine and I demanded investigation. An ultrasound was done. Again she said it was fine. I demanded a biopsy but she then said lockdown is about to happen. I stupidly accepted this as she said it was fine. In May I was in the ER with unbelievable pain. I have stage 4 breast cancer which has now traveled to multiple bones. It is incurable. I am in Dubai alone and the insurance will run out soon even though I haven`t really started the treatment properly. Do I have a case and will someone take me on pro bono? Thanking you in advance

رسوم وإجراءات عقد شراكة لمؤسسة فردية بين مواطن وأجنبي

س: أود أن أسأل عن كيفية عمل عقد شراكة لمؤسسة فردية بين مواطن وأجنبي وما الطرق المتبعة مع الرسوم؟ شكرًا جزيلاً!

التحقق من عرض عمل بدون مقابلة وإصدار التأشيرة من طرف ثالث

س: السلام عليكم. هل يعقل أن يرسل عقد عمل بدون إجراء مقابلة ولو عبر الاتصال بين الطرفين؟ وما حقيقة أن يتولى طرف ثالث إجراءات الفيزا (التأشيرة) وطلب مبلغ مالي مقدماً؟ أفيدونا جزاكم الله خيرا

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تصفية الشركات في القانون الاتحادي رقم (2) لسنة 2015 بشأن الشركات التجارية

للشركات كما للإنسان، دورة حياة. وحيث يبدأ الشيء، فلا بد له من نهاية، ولا باقي إلا الله. وإنه حيث نظم القانون نشأة الشركة، وعقد تأسيسها، فإنه كذلك لم يغفل تنظيم قواعد حلها وتصفيتها، ذلك لأن هذه القواعد بالغة الأهمية والحساسية، فهي تنظم طريقة أداء ديون كافة دائني الشركة، وتحصيل حقوقها، وتوزيع الأرباح أو الخسائر على الشركاء بعد بيان ما لها وما عليها. ونعرض في هذا المقال لهذه الإجراءات بحسب ورودها في قانون الشركات الإماراتي بإيجازٍ غير مخل.

Seeking compensation and termination because of delaying property transfer

Q: Hello, I signed a sales agreement for the property a few months ago and in terms & conditions (issued by Dubai Land Department), it was mentioned that the transfer of the property should be done not later than September 1st. Unfortunately, the seller did not manage to make a transfer until the due date. Until this date, the seller failed to get the NOC from the developer of the property. What could be my legal action if I would like to terminate the contract because of the failure to transfer the property and get back my deposit? Do I have a chance to seek compensation in this situation if in MOU it is only mentioned that the ``seller`` agrees to pay the same deposit amount to the buyer as compensation for the loss of the said property, although it is not lost, but the seller did not make a transfer due to his own act of omissions?

Previous partner's liability for the outstanding bills of Etisalat

Q: I was a partner in an LLC company in Dubai from April 2017 to April 2018 with 4 partners having equal shares. In April 2018, when the trade licence was renewed, it was renewed with only 1 partner which was not me (earlier 3 partners were removed). So the new sole owner who was an existing partner earlier didn`t update the Etisalat with the new trade licence. How am I liable for the outstanding bills which are around 13000 Dhs even though my name is not included in the trade licence?

Possibility of being arrested in Qatar Airport if there is an unpaid loan in the UAE

Q: Hi everyone, I have left Dubai 10 years ago with unpaid loans in the UAE worth around 1 million AED, I know for a fact that I have a police case against me, but there is no Interpol red notice issued. My question is that if I have a connecting flight through Qatar, will I get arrested at Qatar Airport during layover/connection for my police case in the UAE?

Setting up an online shop to deliver goods to all the UAE

Q: Hello! I have an idea to open an online shop and deliver things to all the UAE. I am based in Dubai. Should I have any license to open an online shop? Should I open a new bank account to receive payments from the customers or it can be my personal bank account? Thank you for your answer!

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Changing work visa while there are pending dues with the current employer

Q: Hi, I have been working in the DHCC Freezone for the past 3 years and a half. The employer owes me pending salaries amounting to almost 8 months plus end of service. The employer has no intention to pay the money and is claiming that they don`t have any money in the account. All the staff in the company are suffering the same fate. I have managed to secure a job with a different employer and want to change my visa to the new employer. Can I change it without signing papers stating that I have received all my dues? If not, then what is the legal procedure to change the visa? Does a court case enable the court to allow me to switch?

Traveling abroad while there is a pending personal status case

Q: If a person has a case against him under personal status which is filed in Dubai court, can he still travel outside the UAE? E.g. going on vacations, holidays, etc.

تطبيق قانون التصالح على مبنى ضمن الحيز العمراني

س: السلام عليكم، أرجو من سيادتكم الرد على سؤالي الخاص بقانون التصالح! بنيت بيتي عام 2010 في إحدى قرى مصر ضمن الحيز العمراني. حُرر محضر ضدي ودفعت الغرامة وأخذت براءة في القضية. بنيت بعد ذلك 3 أدوار أخرى على فترات حتى عام 2017 وتُحرر أي محاضر أو مخالفات. هل يلزمني التقدُّم للتصالح؟ وما الإجراءات المطلوبة في حالتي؟ شكرًا لحضراتكم!

Explanation of the notification by notice of action

Q: What does it mean by notification by notice of action?

Guide to the New SMEs Law in Egypt

In this article, we try to guide the start-ups' ecosystem in Egypt to grasp the new tax and non-tax incentives offered by the Egyptian Legislature to the SMEs. This new law offers a lot of hope for this ecosystem and would be a stepping stone for the Egyptian economy.

Self-help