I have been working in a company for more than four years under an unlimited contract. The company’s financial condition has not been good and it has not paid salaries regularly. I have not received my salary for the past four months. Just a week ago, I submitted my resignation to my company by email because the company refused to accept my resignation letter delivered by hand. However, I received a letter from the company stating that I was dismissed from the company as per Article 120 of the Labour Law because I have caused losses to the company. The company mentioned that it has proof for its claim and it asked me not to come to the company until discussing the subject with the management. Does the company have the right to do this after I resigned? Should it have accepted my resignation as per the UAE labour law? What action can I take against the company?
The action of the company against the questioner is malicious and against the Labour Law. The termination as under Article 120 of the Labour Law in this case is illegal, because the article’s paragraph C, which the company mentioned, requires that the company shall inform the Ministry of Labour within 48 hours from the date of the employer’s knowledge of the incident [causing loss to the company]. Therefore, the resignation of the questioner is valid even if the company did not approve of that because the Labour Law does not require the consent of the employer for resigning from a job. Therefore, I would advise the questioner to file a complaint against the employer immediately in the labour ministry so that the employer does not file an absconder notice against the questioner.
Tenancy contract valid even if
real estate office is changed
Three months ago, I signed a tenancy contract with a real estate office. I paid the rent for one year in post-dated cheques and one cheque for 10 per cent of the total amount of the tenancy contract as a security deposit and some other service charges as demanded by the real estate office. I also paid for Ejari [attested tenancy contract] and received the same. Last month, I received a letter from the real estate office stating that they are handing back the building to the landlord within one month. They want me to cancel the tenancy contract which I signed through them and I have to collect my cheques including the security deposit cheque. Can the landlord or a new real estate office, which may take over the building, demand a higher security deposit and higher rent? Do I have to sign a new contract?
If the questioner has signed the tenancy contract with a real estate office, which officially represents the landlord, his contract is legal and the real estate office shall not have the right to request the tenant to cancel the same nor increase the rent or the security deposit on the pretext that the real estate office has handed the building back to the landlord. Changing the real estate office or changing the landlord does not affect the rights of the tenant. Therefore, the tenancy contract which the questioner has signed is legal and all parties will have to abide by the same.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants