Question: I found out that a bank in Dubai has registered a police case against me, although I have not heard anything from the bank yet. I have debts that I cannot pay and do not have the money to make monthly payments. I have missed four months of repayment after I lost my job.
I want to leave the country so I do not go to jail and want to know if I can fly from the airport in Abu Dhabi instead of Dubai? RV, Dubai
Answer: If a police case for debt is registered against someone, it will show up on immigration department computer systems across the entire country. Dubai and Abu Dhabi are separate emirates but still part of the same country, so any legal cases like this are applicable across all emirates.
Non-payment of debt is a federal offence and while there are fewer criminal consequences than in the past, it is still against the law.
This means anyone who has a case outstanding for non-payment of debt is likely to be prevented from leaving the country through any point of exit as the case will show up once a passport is scanned.
If someone leaves the country, a debt is not written off and the person can sometimes be traced to their home country to repay it through a collection agency.
Q: I am thinking about changing jobs but am hesitating as it could be risky. A particular new role looks great, but the company has been operating for only a few months and is in a field that has challenges. As I have a mortgage to pay and a family to support, it is making me hesitate although it could be a great opportunity.
I would like to know if I could add something to the contract that I want to have a minimum of, say, two years of employment to get the new venture to a point of better security and only after can they terminate my employment, if need be.
This would mean I would have a guaranteed income for two years, so even if my contract was terminated after six months, they would have to pay me for another 18 months. Would this hold up and be enforced by the law for the company to honour if we made such a contract? How do I go about doing it and is there any kind of UAE government body to attest the contract, or a lawyer? TM, Abu Dhabi
A: Provided a contract of employment abides by all the minimum requirements of UAE Labour Law, it is possible to include a variety of additional terms on the basis required, so long as this is fully accepted by both parties.
I would strongly recommend taking advice from a lawyer who is experienced in this area to ensure the contract is fully binding on both parties and will stand up if challenged. It is very unusual to see terms like this in the UAE, but it could be done if both parties are willing.
It would be best if the contract was not only signed by both parties, but also witnessed by a respected third party, such as a lawyer in their professional capacity, or the notary public, to ensure there is no degree of coercion from either side.
What needs to be borne in mind is that only the version of a contract that is registered with the Ministry of Human Resources and Emiratisation (or relevant body if in a free zone) is legally recognised. In addition, if a company closes for financial reasons, TM could still have issues in being paid any dues.
Q: I have accepted a role in Saudi Arabia and have been issued an entry visa. However, the start date needs to be postponed by two months for multiple reasons, mainly due to my family issues. By the time of the new start date, the entry/employment visa will have expired. Is it easy to apply for an extension? PJ, USA
A: The validity of an employment entry visa for Saudi Arabia can vary depending on the type, but it is often valid for a two-month period. Such visas cannot be extended, so PJ has two options.
He can either ensure he has entered the country before the expiry date, even if just by a day, or the whole process has to start again. That means the prospective employer will have to reapply.
It would be best to have a chat with the employer as they are unlikely to want the additional expense and hassle. PJ could start with some additional goodwill by avoiding that.
Contact Keren Bobker at keren@holbornassets.com or at www.financialuae.com. The advice provided in our columns does not constitute legal advice and is provided for information only
