I am going to buy a freehold premises in Dubai. I have heard that many real estate offices which are involved in this type of business are operating illegally and not officially registered. I was advised to take more care while buying a property — in my case, an apartment which is still under construction and slated to be completed in December 2018. I have heard that many of the real estate offices do not have direct relationship with the developer which may cause many problems for buyers. Please advise me clearly how to make sure that the office through which I will buy the premises is legal and how to guarantee my rights regarding the premises. Shall I register the ownership in my name officially? Which is the competent authority for the ratification of the ownership deed and do I need to get the title deed attested by the Dubai Courts?
I would like to advise the questioner that before purchasing the premises in Dubai, make sure of the following:
1. That the real estate office is licensed by and registered with the Land Department (RERA)
2. That the developer is registered and has opened an escrow account at the land department (RERA).
3. That the questioner’s unit is registered in the questioner’s name in the land department (RERA).
4. Finally, that the purchase agreement mentions that at the time of the handover of the premises, the developer will allow the buyer to have the title deed in his name and that the title deed will be officially registered with the land department (RERA). As per the Dubai real estate law, there is no need to get the title deed attested by the Dubai Courts.
No penalty on holiday
December 10 was a holiday in the UAE as declared by the Ministry of Labour. However, in our company, we were asked to come to the office. When we demanded that the management must send a memo as they usually do when we are asked to work on a holiday, they refused. Instead, the HR manager asked the staff in charge to call everybody on our personal numbers and tell us that we must come to the office immediately because it was not an official holiday for our company and that anyone who did not attend duty would be sacked. Some of us came to the office but some did not. Now, the company says salaries of three days would be deducted of those who did not attend duty. Is this legal as per the UAE Labour Law?
I would like to clarify that if the nature of work of a company is not of continuity and non-stop as laid down by the Ministry of Labour such as factories, bakeries and hotels, each company must adhere to the holiday schedule announced by the ministry. Non-commitment to this schedule is considered contrary to the labour law whereby the company shall be subjected to penalty. Besides, the questioner who worked during the holiday should receive financial compensation for the day and the salaries of those employees who did not come for work could not legally be deducted or they be sent notice or subjected to any penalty.
No ban in government sector
I have been working in a private company for more than three years. I recently got a good job offer from a government entity. I requested my employer to accept my resignation and provide me with a no-objection certificate to join the government entity but my employer refused. He asked me to give three months’ notice before leaving the job, As far as I know, there is no three-month notice requirement. If I request my employer to cancel my visa after one month’s notice, can I still change my job? I have heard that an automatic ban would be enforced while cancelling my visa.
Article 118 of the UAE Labour Law stipulates that the notice period shall be one month and may be more than a month if both the worker and the employer had agreed on that and is proved in the employment contract. As for the question about cancellation and moving to the new employer, the questioner may do so after submitting his resignation and completing the notice period mentioned in the employment contract. Then, the questioner may move to the private sector or government sector without the need for approval from the current employer especially as the questioner has spent more than two years at work. Finally, the Ministry of Labour’s (Ministry of Human Resources and Emiratisation) ban does not apply to the government sector.
