A reader asks: One month ago, I was at Sharjah airport travelling with my family to our homecountry. I met a person whom I owed money to for two years, While we were talking he insulted me in front of my family. I tried to call the airport police but I could not because I was in a hurry and my plane was about to leave. Ten I left Sharjah airport. Presently, I am here in UAE and my inquiry is whether I am entitled to file a complaint against the person who insulted me despite the fact that the incident occurred more than one month ago. Please advise me.

Answer: I would like to clarify to the questioner that Federal Penal Code No 3 of 1987 and, as amended, chapter six thereof states that the crimes on reputation (libel and abuse) and article No 10 of the Criminal Procedure Law issued by Federal Law No 35 of 1992 and the laws issued in amendment thereof state that any criminal case over the following crimes shall be filed on the basis of written or oral complaint from the victim or his legal representative; crimes such as insulting and libelling people. The law also states that such a complaint will be accepted three months after the victim’s knowledge of the crime and its perpetrator unless otherwise provided by law. Therefore, the questioner may file a criminal complaint in which he proves the abuse by the offender by all means of proof, provided that the incident did not occur more than three months ago.

Salary increments

A reader from Dubai asks: I have been working in a company for the past three years. My basic salary was Dh8,000 when I joined my company. In addition to the basic salary, the company provided me housing and an air ticket. Every year there is a three-month appraisal with 5 per cent increment. I do not have any other allowance other than basic salary since 2011. When I got the increment in 2014, the company treated the increment as allowance. Because of this my basic will be constant always and the increment will also be the same all the time. When I asked for an explanation, I was told that the UAE labour law says that every employee should have 60 per cent basic and 40 per cent allowance and every time my company makes different calculations, and not on the last amended salary. My question is whether as per the ministry of labour increment in basic salary is treated as allowance. If not, what is the procedure to claim the loss? Please advise. My contract is for a limited period and expires in October 2015

Answer: I would like to clarify to the questioner that the UAE Labour Law does not interfere in the issue of allowances or extension of the basic salary rate or other allowances, as all of these are determined by the rules applicable in the company and as per agreement between the employee and the employer. Therefore, what the company has stated is untrue, that is, “Labour Law stipulates that the basic salary shall be 60 per cent and allowance 40 per cent”. Therefore, as per the Labour Law the employee is entitled to basic salary plus allowance as provided in the labour contract or as agreed by both parties on the basis of the last salary which the worker received.

Subletting apartments

A reader from Dubai asks: I stay in a rented apartment in Dubai. Three months ago I went on annual leave outside the UAE. I sublet my apartment to a person for two months only until I returned from my annual vacation. When I returned I found that the landlord had filed a rental case against me before the Rent Committee in Dubai Municipality asking me to vacate the apartment on the basis that I leased the apartment to someone else without his permission and he mentioned this is against the Dubai Rent Law. My question here is whether the landlord has the right to such an action and whether the rental law prevents me from subletting for a short period of two months only during my absence. Please advise me. As per the Dubai Rent Law, is it possible for the landlord to get a judgement forcing me to vacate the apartment and terminate my tenancy contract? Please advise.

Answer: I would like to clarify to the questioner that the Dubai Rent Law does not entitle the tenant to sublet to anyone without permission from the landlord whether it is a short or long period. Therefore, the Judicial Committee for consideration of rental cases might issue its resolution of vacation against the questioner if the case is proved.

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