Got Legal Questions? We've Got Answers

We understand that navigating UAE law can be confusing. Below you'll find answers to the most common questions our clients ask. If you don't find what you're looking for, feel free to reach out to us or leave a comment at the bottom of this page.

Cheque Bounce & Financial Cases

In the UAE, a bounced cheque can have serious consequences. Under the new laws introduced in 2022, while not all cheque bounces are automatically criminalized, you may still face:

  • Criminal charges if fraud or bad faith is proven
  • Civil cases for debt recovery
  • Travel bans preventing you from leaving the country
  • Bank account restrictions
  • Damage to your credit history

The key is to act quickly. If you've received a cheque bounce complaint, contact a lawyer immediately. In many cases, we can negotiate a settlement with the complainant to withdraw the case before it goes to court.

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Since the 2022 reforms, imprisonment for bounced cheques has become less common, but it's still possible in certain situations:

  • If you intentionally issued a cheque knowing funds were insufficient
  • If you closed your account after issuing the cheque
  • If you fraudulently prevented the cheque from being honored
  • If you have multiple bounced cheques showing a pattern of behavior

The good news is that most cases can be resolved through settlement before reaching the imprisonment stage. We strongly recommend seeking legal help immediately if you receive a police complaint.

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Removing a travel ban requires resolving the underlying case. Here's what we typically do:

  1. Negotiate with the complainant: We contact the person who filed the case and try to reach a settlement agreement.
  2. Payment plan: If you can't pay the full amount immediately, we negotiate a payment schedule.
  3. Case withdrawal: Once an agreement is reached, the complainant withdraws the case from police/public prosecution.
  4. Ban removal: We then apply to the court to have the travel ban lifted.

This process can take anywhere from a few days to a few weeks depending on the complexity of the case and the cooperation of the complainant.

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Visa & Immigration Issues

An absconding report (called "huroob" in Arabic) is filed by an employer when they claim an employee has abandoned their job or is absent without leave. This is very serious because:

  • Your residence visa becomes invalid immediately
  • You cannot transfer to another employer
  • You face fines for overstaying
  • You may be deported
  • You could face an entry ban

If your employer has filed an absconding report against you unjustly, you can file a complaint with the Ministry of Human Resources (MOHRE). We help clients gather evidence, file complaints, and get these reports removed so they can continue working legally in the UAE.

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Generally, the visa sponsor (your employer) is responsible for visa cancellation. However, there are situations where you might need to take action yourself:

  • If your employer refuses to cancel: You can file a complaint with MOHRE, and they may authorize the cancellation.
  • After employment contract ends: If your employer doesn't cancel within a reasonable time after your contract ends or you resign properly.
  • Company closure: If the company closes down, you may need to handle it through the free zone authority or Ministry.

Important: Never leave the UAE without proper visa cancellation as this can result in fines and an entry ban. Always ensure you get an official cancellation paper.

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After visa cancellation, you typically have a grace period to either leave the country or obtain a new visa:

  • Most residents: 30 days grace period
  • Golden visa holders: May have different conditions
  • Special categories: Some professions may have different rules

After the grace period, overstay fines start at AED 50 per day. It's crucial to track your dates carefully. If you need more time, you may be able to apply for a tourist visa or find new employment before your grace period ends.

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A travel ban prevents you from leaving the UAE. Common reasons include:

  • Outstanding debts or bounced cheques
  • Pending court cases
  • Immigration violations
  • Unpaid credit cards or loans
  • Child custody disputes

How to check: You can check for travel bans through:

  1. Dubai Police website or app (for Dubai residents)
  2. ICP (Federal Authority for Identity and Citizenship) services
  3. Visiting a police station with your Emirates ID
  4. Checking at the airport immigration counter (though risky if you have a ban)

If you discover you have a travel ban, contact us immediately. We can help identify the source and work on getting it lifted.

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Labour & Employment Law

Yes, your employer will cancel your visa after you resign, but they must follow proper procedures:

  • Accept your resignation if you've completed your notice period
  • Cancel your labour card through MOHRE
  • Cancel your residence visa through ICP
  • Give you your end-of-service benefits (gratuity)
  • Provide you with cancellation documents

If your employer refuses to accept your resignation or delays cancellation without valid reason, you can file a complaint with MOHRE. Remember, during your notice period, you must continue working as normal.

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Gratuity calculation depends on your contract type and years of service:

For unlimited contracts:

  • Less than 1 year: No gratuity
  • 1-5 years: 21 days' basic salary per year
  • 5+ years: 21 days for first 5 years, then 30 days per year after

For limited contracts:

  • Less than 1 year: No gratuity (unless contract completed)
  • 1-5 years: 21 days' basic salary per year
  • 5+ years: 30 days' basic salary per year

Important notes:

  • Calculations use your basic salary (not full salary with allowances)
  • Unpaid leave days are deducted from service period
  • Maximum gratuity is capped at 2 years' total salary

If your employer refuses to pay gratuity, you can file a case with MOHRE within one year of leaving the company.

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Delayed or unpaid salary is a serious violation of UAE labour law. Here's what you should do:

  1. Document everything: Keep records of your contract, salary statements, and any communication about the delayed payments.
  2. Talk to your employer: Sometimes it's an administrative error that can be resolved internally.
  3. File a complaint with MOHRE: If your salary is delayed by more than 15 days, you can file an official complaint.
  4. Submit required documents: You'll need your labour contract, passport copy, Emirates ID, and proof of non-payment.
  5. Attend mediation: MOHRE will try to mediate between you and your employer.

If mediation fails, the case goes to labour court. Note: You can file a complaint while continuing to work, or you may be able to resign without notice if salary is delayed for 60+ days.

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Company Formation & Business Setup

Yes! Foreigners can now own 100% of companies in most business activities in the UAE, thanks to recent law changes. Here are your options:

Free Zone Companies:

  • 100% foreign ownership has always been allowed
  • Tax benefits and customs exemptions
  • Can only operate within the free zone or outside UAE

Mainland Companies:

  • Now allow 100% foreign ownership for most activities
  • Can operate anywhere in UAE and government contracts
  • May require a Local Service Agent (for certain activities)

Offshore Companies:

  • 100% foreign ownership
  • For international business operations only

Contact us to determine which option is best for your specific business needs.

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Company setup costs vary widely depending on several factors:

Free Zone Companies: AED 15,000 - AED 50,000+

  • License fees
  • Office/flexi-desk rental
  • Visa allocations
  • Registration fees

Mainland Companies: AED 25,000 - AED 100,000+

  • DED license fees
  • Office rental (mandatory)
  • Local service agent fees (if applicable)
  • Additional approvals for certain activities

We recommend getting a personalized quote as costs depend on your specific business activity, number of visas needed, and office requirements. Many free zones offer packages that include multiple services at discounted rates.

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Criminal & Police Cases

If you're arrested in Dubai, follow these important steps:

  1. Stay calm and cooperative: Do not argue with police officers or resist arrest.
  2. Exercise your right to remain silent: You don't have to answer questions without a lawyer present.
  3. Request a lawyer immediately: This is your right under UAE law.
  4. Contact your embassy: Ask police to notify your embassy or consulate.
  5. Don't sign anything: Without understanding it completely or having legal counsel present.
  6. Contact family: You have the right to make a phone call.

We provide 24/7 emergency legal assistance for arrests. Call us immediately at +971 54 323 1213 or have your family contact us. Early legal intervention can make a significant difference in the outcome of your case.

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Under UAE law, police detention limits are:

  • Initial detention: Up to 48 hours for investigation
  • Extension: Public Prosecution can extend for up to 21 days
  • Further extension: Court can authorize additional detention periods depending on the case

However, if there's insufficient evidence, you should be released. During detention:

  • You have the right to medical care
  • You must be treated humanely
  • You should have access to legal representation
  • Your family should be informed of your whereabouts

If you or a loved one is being held beyond legal limits without charges, contact us immediately for urgent legal intervention.

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Property & Rental Disputes

Yes, but there are rules landlords must follow:

Rent Increase Calculator (RERA):

  • If current rent is 11-20% below market rate: Max 5% increase
  • If 21-30% below market: Max 10% increase
  • If 31-40% below market: Max 15% increase
  • If more than 40% below market: Max 20% increase

Important rules:

  • Landlord must give 90 days' notice before contract renewal
  • No rent increase if notice not given in time
  • Increases only apply at renewal, not during contract
  • Use the official RERA calculator to verify

If your landlord is trying to increase rent beyond legal limits or without proper notice, you can file a case with the Rental Dispute Settlement Center.

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Getting your security deposit back requires preparation:

  1. Document the property condition: Take photos/videos when you move in and when you leave.
  2. Give proper notice: Check your contract for notice period requirements (usually 60-90 days).
  3. Request an inspection: Ask landlord to inspect with you present when you hand over keys.
  4. Settle all bills: Clear DEWA, cooling, and other utility bills and get clearance certificates.
  5. Get everything in writing: Request a written acknowledgment that property is returned in good condition.

If your landlord refuses to return the deposit without valid reason (normal wear and tear is allowed):

  • Send a formal legal notice
  • File a complaint with Rental Dispute Settlement Center
  • Small claims can often be resolved quickly

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Still Have Questions?

Can't find what you're looking for? Our legal team is here to help. Get in touch for personalized advice.

Community Discussion

Share your experience, ask questions, or help others in our community. Your input could help someone facing a similar situation.

Leave a Comment or Question

Mohammed K. December 15, 2024 Visa/Immigration

Thank you for the clear explanation about absconding cases. My employer filed one against me after I resigned, but I had given proper notice. I followed your advice and filed a complaint with MOHRE. They helped me get it removed within two weeks. Very helpful article!

Sarah Ahmed December 10, 2024 Cheque Bounce

I have a question - my company issued a cheque that bounced due to a bank error (account was frozen without notice). The recipient filed a police case. Should I wait for them to withdraw it or should I proactively contact them? Also, do I need a lawyer for this?

AL SAHABA & CO Team Official Response

Hi Sarah, we recommend taking immediate action. Contact the recipient, explain the situation with proof from your bank about the freeze, and offer to pay immediately. If they agree to withdraw the complaint, great! If not, yes, you should engage a lawyer as bank errors don't automatically protect you from legal consequences. We can help - please WhatsApp us.

Rashid H. December 5, 2024 Labour/Employment

My employer hasn't paid me for 3 months. I'm worried if I file a complaint, they'll cancel my visa. Should I keep waiting or take action?

AL SAHABA & CO Team Official Response

Rashid, 3 months of non-payment is a serious violation. Under UAE law, you can file a complaint while remaining in the country, and if your employer retaliates by canceling your visa without cause after you file, this strengthens your case. Don't wait longer - every day increases your overstay risk if they do cancel. Contact us for guidance on filing with MOHRE.

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