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Legal View
K.K. Sarachandra Bose is a Partner/Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O. Box 11243.
Job offer letter not treated as a binding contract
Q) I am working as a manager with a Fujairah-based company. In August 2009, my wife and two-year-old son left the UAE for India as my wife was pregnant with our second child. They are still in India and will be able to come back to UAE only in October 2010. What will be the procedures? Can they come on the same visa (which will expire in 2011), or do I have to get a new visa for them? Please advise.
A) Since your wife and son are staying outside the UAE for the last one year, the validity of their UAE residence visas have automatically expired. If you can produce documents to prove that their stay in India was for medical reasons or any other unavoidable circumstances, then the authorities may, upon your request, reconsider reviving your wife’s and son’s visas upon payment of a fee.
Q) I have been working as an electrical engineer with a company in UAE since March 2009. I have decided to resign and cancel my visa. Is the six-month ban applicable to me? Is there any other way to cancel this possible ban?
A) Since you have not completed three years in your company you may get the ban. If your contract is unlimited and you have completed one year in your present company, the ban may be lifted on paying the required fees to the concerned authorities.
Q) I came to the UAE on a visit visa and got a job. I have signed the job offer letter. The employer asked me to go back to my country saying they’ll be sending me the visa. I would like to know if this job offer letter has some legal value or not.
A) The job offer letter that you have signed may not be treated as a binding contract. It is merely an offer to appoint you for the job. If the job offer is cancelled by the employer, there is nothing much you may be able to do as you are on a visit visa and you’ll have to leave the county before the expiry of the visit visa.
Q) I have been working as a marketing specialist with a company in Abu Dhabi for the last 17 months and my contract is unlimited. Recently, I have got a good job offer from another firm in the UAE. I would like to know if I would be banned if I resigned from my current company after serving 30 days notice period.
A) Since you have not completed three years service in your company, ban may be imposed on you. But since yours is an unlimited contract, you may get the ban lifted by paying the required fees to the concerned authorities.
Q) I own a freehold apartment which I have rented to a company until October 2010. The company gave me four post-dated cheques at the time of agreement in October 2009. The first two were cheques bounced and payment was made in cash. The third cheque bounced too, but the company made partial payment in cash and gave me a post-dated cheque. The balance payment has not been paid till present. When I called the company officials, but they used abusive language. In March 2010, I asked them to vacate, but they did not respond. In May, I sent them a notice to vacate and hand over the apartment in July, but the tenant still did not revert back. What am I supposed to do?
A) You may file a complaint against the tenant at the Dubai Rent Committee requesting payment of the due rent and also for eviction of the tenant.
The Rent Committee, after perusing the relevant documents and hearing both the parties, will pass judgment and may order the tenant to pay you the rent dues, and may also pass orders to evict the tenant based on the terms of the contract.
(Compiled by Ahmed Shaaban)
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