Ask the law: Rental cheque encashed but villa still occupied

Same premises, two tenancy contracts

Question: I signed a two-year tenancy contract with a real estate office for a villa in Dubai more than a month ago. I paid the rent amount through postdated cheques. The real estate office encashed the first cheque but has not handed over the villa till date on the pretext that it is under maintenance. 

I have come to know that the issue is that the old tenant has refused to vacate the villa due to a dispute with the real estate office. I asked the said office to cancel my tenancy contract since I cannot wait anymore and need the accommodation immediately. 

I was not aware that the villa was already rented to another tenant. I asked them to stop encashing the next cheque but the real estate office refused, saying that I will have to wait for a few more weeks till the villa becomes available, as they cannot stop the cheque and cancel the tenancy contract. Is the real estate office entitled to encash the cheque when it cannot honour the contract? 

Can I approach the police or the Public Prosecution to stop the real estate office from encashing the cheque until the matter is settled? Does the real estate office have the right to sign a tenancy contract with me when they had already signed a tenancy contract for the same premises with another tenant?

Answer: I would like to clarify to the questioner that this case comes under the jurisdiction of the Rent Court and the questioner may not approach the police or the Public Prosecution for stopping the cheque encashment. 

He shall immediately file a rental case before the Rent Court and ask it to cancel the tenancy contract and order the return of all cheques to him on the basis that the landlord has not honoured the contractual commitment to the questioner and has flouted the rental law by signing two tenancy contracts for the same premises. 

For the second reason cited, the real estate office cannot hand over the premises to the questioner either. 

Finally, the questioner has the right to file a criminal complaint with the Public Prosecution against the real estate office manager for cheating the questioner by signing a tenancy contract with the questioner for the already occupied premises.

Maternity leave for temporary staff

Question: I have worked in a company in Dubai for 14 months. I am on my husband’s sponsorship. Two months ago, I completed my annual leave period. Currently, I am seven months’ pregnant and I have some questions in this regard.

Am I entitled to maternity leave though I am not under the company’s sponsorship and am working in the company under a temporary work permit from the Labour Ministry?

According to my company, if a woman works in a company but remains to be under husband’s sponsorship, she is not entitled to maternity leave as per the ministry’s rules. With my 14 months of service, what is supposed to be my maximum maternity leave period as per the UAE Labour Law?

​

Answer: I would like to clarify to the questioner that the Federal Law No. 8 of 1980 [labour law] states the following:

Article 30: 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 the 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 services specified by the competent health authority or if the authority concerned 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.

Finally, as per the UAE Labour Law, a woman employee is entitled to maternity leave even if she is not on the company’s visa as long as she has the official work permit from the authority concerned.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants