Question 1: I work in a company based in Dubai. My Labour contract is under the Ministry of Labour and it is attested by them. I also signed an internal contract provided by my company two years ago at the time I joined the company. In my internal contract, it is mentioned that maternity leave is not applicable as per the company’s rules and that the internal contract, which I signed with my company, voids my maternity leave, which is supposed to start next month. My company is saying that, in case I go on such leave, it will be considered as annual leave and it will be for a period of just one month. As per UAE Labour law, do I have the right to get my maternity leave given that the contract with the company states that I am not entitled to get maternity leave? Please advice as per the UAE labour law in detail on the period of maternity leave I may be eligible for and my rights in this respect.

Answer: I would like to clarify to the questioner what is stated by Article No. 30 of Federal Law No. (8) of 1980: “A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer’s service for a continuous period of not less than one year. If she has not completed the previously mentioned period of service, she shall be entitled to maternity leave with half pay.”

On the expiry of her maternity leave, a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women’s work or confinement.

The leave provided for in the preceding two paragraphs shall not be deducted from other periods of leave. Therefore, as per the abovementioned article, the questioner has the right to take the maternity leave and what is mentioned in the internal contract and signed by the questioner and the employer may be considered null and void against the abovementioned Article.

Sublease contract

Question 2: Six month ago, I rented a villa from the main tenant for one year. In the main tenancy contract between the landlord and the main tenant, it is mentioned that the main tenant has the right to sublease. Therefore, I signed my lease contract with the main tenant and I paid him the rent in postdated cheques. My contract is going to expire in May 2018. Two months ago, I was not in town. When I came back, I came to know that the landlord has filed a rental case against the main tenant at the rental court. The landlord is asking the rental court to terminate the main tenancy contract and seeking vacation of the villa. The case at the rental court is not yet finished. My questions are:

1.) What is my legal position in case the rental court passes judgement against the main tenant terminating the tenancy contract and ordering vacation of the villa?

2.) Do I have the right to challenge the judgement? Please advice.

Answer: I would like to advise the questioner that the questioner has the right to file a rental case immediately against the landlord and the main tenant requesting the rental court to allow him to remain in the villa until the expiry date of his tenancy contract. Therefore, as per the rental court law, in case the rental court passes the judgement against the main tenant by terminating the main tenancy contract, such court will allow the sublease tenant to remain in the premises as long as the sublease permission is mentioned in the main tenancy contract. Therefore, the rental court may allow the sublease tenant to stay in the premises until the sublease contract is expired.

(Ask the Law questions are answered by lawyer Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants)