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UAE

التصرُّف الأمثل عند تعرُّض الشركة لأزمة مالية وعدم الوفاء بالالتزامات

س: لدينا شركة ذات مسؤولية محدودة بدبي وهي مدينة بموجب عقود مع عملاء وديون أخرى لشيكات مستحقة الدفع. لا توجد أموال طوال العام المالي 2019 وحتي هذه اللحظة مع العلم أننا كنا وما زلنا نحاول إخراج الشركة من الأزمة وضخ أموال من جيوبنا الخاصة أملاً في استقرار الوضع المالي، ولكن حين جاءت أزمة كورونا، زاد الامر سوءًا. كيف نتصرف عندما نواجه دعاوى قضائية؟ وما الحل؟
Questions & Answers
UAE

Is it legal to give a post dated cheque against the final settlement?

Q: I should have my final settlement on May 9 as my last day of work will be May 2nd. The company offered me to pay me in 2 payments. A bank transfer was made in the 1st week of May and the second 50% in the 1st week of June by giving me a post-dated cheque. The issue is I didn`t plan to stay 1 more month as I should leave the country. 1- Is this legal to offer this kind of payment? What can I do? 2- If I have to stay, they have to pay my expenses (rent and bills) to stay one more month in the country?
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Egypt

إثبات صحة عقد شراء شقة بالتقسيط رغم إبرامه باعتباره عقدًا نهائيًا

س: مساء الخير، اشتريت شقة بالتقسيط وأعد الرجل عقد نهائي ولكن كتب في بنود العقد إنها بالتقسيط وكذلك قيمة القسط الشهري. هل يمكنني عمل صحة توقيع على العقد أم يلزمني تغييره بعد سداد كامل الأقساط؟
Questions & Answers
UAE

Resignation during the unpaid leave period due to COVID-19

Q: I am a manager in a UAE company, I have served 2 years on an unlimited contract. I have been instructed I am on unpaid leave for a 3-month period in light of the current situation. The company is asking me to sign an annexe to my contract that I accept this unpaid leave period. If I do accept, can I still resign during this 3-month unpaid leave period if I get another job?
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UAE

What to do with a labour case which is not moving forward

Q: Hi, When a case gets transferred from MoHRE to Dubai Courts for non-payment of FNF by an employer (accumulation of salaries), what happens there at the court in terms of process, proceedings, charges, cost of hiring a lawyer...etc? In my case, I worked with a company and left them in April 2019; I have not received my dues till date. Have followed up multiple times; got a case raised as well but they still didn’t clear the amount. It’s been a year almost and I`m very stressed out because of this. Please advise, what can I do? Thanks S.
Questions & Answers
UAE

Filing a divorce before a year has passed on marriage

Q: Hi, This is about filing a divorce in the UAE and its credibility in India. Also, we got married in September 2019 so do we really need to wait for a year as per Indian law. Requesting you to guide, please. Thanks
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UAE

Execution of a labor court judgment while the company no longer exists

Q: A labor court judgment was ruled in my favor (I`m an employee) in December 2019, against my ex-employer, for nonpayment of salaries, expense claims, and gratuity. Unfortunately, they still haven`t settled my dues. Worse, the owners left the country and the company no longer exists in its physical form; there is only a legal structure. They do not have any assets either. Does it make sense to still seek judgment execution? Also, are there any provisions to pursue the execution order in their present country of residence?
Questions & Answers
UAE

Application of Resolution No 279 of 2020 on Freezone companies

Q: Ramadan Kareem! My husband was employed with a Dubai Freezone company and has been made redundant with a 90 day notice period. Due to the current pandemic, it is difficult to travel because flights have been grounded. He can`t either find another recruitment. My question is that is the Ministerial Resolution No 279 of 2020 applicable to a Dubai Freezone company and is the company liable to pay HRA even after the termination of employment?
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UAE

Time frame needed for the cancellation of purchased property and refund

Q: Salam. My developer has agreed to give me a refund after AED 50000 deduction. But my concern is that they say it might take a long time. They wrote we shall issue a cancellation agreement which needs to be executed by both parties. On submission of the documents and RERA approvals on the cancellation and refund from the escrow account, the fund will be released and your name will be de-registered against the unit in Dubai Land Department. The above process can take anywhere between 1-3 months in normal times which we are hoping to still be able to do that now but may expect delays up to 3-6 months due to COVID-19. Can you please confirm if this is the case?
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UAE

مطالبة الزوج زوجته بإجهاض الطفل والتصرُّف القانوني حيال ذلك

س: السلام عليكم، أنا وافدة سورية وزوجي سوري. متزوجة منذ 4 سنوات ولدي طفلة والآن أنا حامل في شهرين وزوجي لا يريد الطفل. لا أريد قتل الطفل. كيف أستطيع العودة إلى أهلي بالشام مع ابنتي؟
Questions & Answers
UAE

Waiving the fines for visit visa overstay due to financial difficulties

Q: My mom came to the UAE on a visit visa. Her visa is issued from Abu Dhabi. Now, she overstayed by over a year and the amount of fines is huge and accumulating. I don`t have this amount to pay to legalize her status and let her leave the UAE when the lockdown is over. Is there a way to waive all the penalties and not only reducing them due to severe financial difficulties?
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UAE

Canceling a visa of a deputed employee after a dispute with the client

Q: Hello, I was working in an Indian company. We were deputed to the UAE for some client locations. The client provided me with a visa under their quota (labor category) since my company doesn`t have any branch in the UAE. We had a dispute with the client, then we canceled our work and I left the UAE within 10 days of getting the visa. So please advise me on how to cancel the existing visa without any future dispute?
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UAE

Dealing with a credit card after losing job due to COVID-19

Q: I’ve lost my job due to COVID-19. I am a school teacher. My school will open in September. I have a credit card with a bank. What legal action can I do? No means of paying them for the meantime.
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UAE

Leaving the UAE before receiving labour dues to avoid overstay fines

Q: Dear Madam, My limited contact finished and the company didn`t renew the contract. The visa validity finished on 11 April 2020 and I am in the grace period now. Until now, my company didn`t settle my dues including the leave salary and gratuity and they are forcing me to sign the cancellation papers without giving the pending dues including the exit air ticket. My passport is with the company. What to do now? Seeking your advice on this situation. How long they can they hold my passport & do I get any fines for overstay if I didn`t sign the cancellation papers even after the grace period? Please advise.
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UAE

Case by a company after failing to provide its services or return fees

Q: I paid a company AED 5000 by cash deposit into their bank account as an initial payment for a job that they didn`t do. So I contacted them to refund the payment telling them I will file a police case against them. They started stalling until they stopped answering their mobile phones and stopped responding to emails, so I asked around some common work acquaintances for their address or if they know anything about them. I received an email two days ago from them showing they filed an online case for slander and other claims that are pure lies against us as well as demanding compensation, it has a reference number...etc. I want to know how to deal with this because all their accusations are pure lies, they filed it as a way to escape from paying my AED 5000 back. I want to know the procedure and the steps to solve this. Thanks
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Syria

التحري عن وجود عقد زواج للأم غير الزواج من الأب

س: كيف لي أن أعرف عن وجود عقد زواج في المحكمة لأمي ولكن من شخص غير أبي المتوفي؟