A reader from Dubai asks: Six months ago I rented an apartment for two years and paid the rent in post-dated cheques for the period. Now, I would like to vacate the apartment because I have found a better and cheaper one. I wrote a letter to the real estate office, but it replied that I could not terminate the tenancy contract before two years. They refused to return the post-dated cheques if I did. Is the real estate office entitled to retain the cheques although I sent them a letter terminating the contract? Please let me know the legal position as per the Dubai rental law.
As per the Dubai Rental Law, the questioner may not terminate the tenancy contract unless he obtains the consent of the landlord as the contract is binding on both parties. No party is entitled to terminate the same without obtaining the consent of the other party. Therefore, the questioner should try to resolve the issue amicably with the landlord. Filing a case is not advised given that the questioner does not have a convincing reason to terminate the tenancy contract prematurely.
Overdue salary
A reader from Dubai asks: I have been working in a company for more than two years. Three months ago, the owner sold the company and did not pay my salary of three months. I am now working with the new owner, but next month I want to submit my resignation because I am not satisfied with the new management, which is also not paying my salary on time. When I claimed my pending salary from the new owner, he told me that as per the contract agreed with the old owner, the latter is responsible for pending salaries. Who is responsible for pending salaries and my end-of-service gratuity?
Article 126 of Federal Labour Law No 8 of 1980 states: “Where a change occurs in the form or legal status of establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability.”
Loan insurance
A reader from Dubai asks: I lost my job two months ago and am currently employed. The bank from which I have taken a credit card has filed a case against me in a Dubai court. The bank is not willing come to a settlement on my outstanding payment at a reasonable interest despite telling them that I don’t have a job and can’t pay. The loan on the credit card is supposed to be insured by an insurance company. I paid the premium through my bank at the time of taking the loan, but the insurance company now claims the contract does not cover loss of employment.
The questioner has to make the insurance company a party in the case filed by the bank. If the court rules in favour of the questioner, it could order the insurance company to settle the Loan.
Withholding passport
A reader from Dubai asks: If there is a civil or criminal case filed against an employee, does the employer reserve the right to withhold his passport or is the company obligated to surrender it to the police station or to the court. In the event that the employer withholds the passport, can the employee file a case against the employer to ensure that the passport is handed over to the authorities concerned?
As per the law, a sponsor is not entitled to withhold an employee’s passport. If authorities or a court hold the passport, they will provide the employee with a certificate stateing that the passport has been retained. If it is found that the complaint made against the employee is untrue and malicious, the employee is entitled to file a complaint before the public prosecution against the sponsor on the matter of the malicious complaint. The questioner may also file a case claiming compensation for damages incurred.
Visa cancellation
A reader from Dubai asks: My pregnant wife is due to deliver in a month. I cannot cancel her visa and send her back home because the doctor is not allowing her to travel. I will cancel her visa after the delivery. Do I have to obtain a visa for the baby or can the baby travel out of the UAE without a visa?
As per the General Directorate of Residency and Foreigners’ Affairs (GDRFA), a baby born in the UAE is entitled to stay in the country for 120 days. After this period, the father is free to complete the procedures of residence for the baby or obtain a permit from the GDRFA to leave the country.
Passport in custody
A reader from Dubai asks: I am working for a company as a safety officer since March 2007 on a limited contract of three years. In July 2008, one of the workers died in a workplace accident. Due to this incident, my passport and the passport of the supervisor has been in the police custody till today. It has been a year, but no legal proceedings have been initiated. How can I know the status of this case?
The questioner should approach the public prosecution to inquire about the case and his passport.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
