A reader from Dubai asks: The company in which I have worked for two years has terminated my services citing poor performance. They also held me responsible for a debt on which a client defaulted. I want to transfer to a new company and would like to know my end-of-service gratuity as per the labour law. Will the gratuity is calculated on the basis of 21 or 30 days? Am I entitled to a return ticket? Finally, does the company have the right to withhold my end-of-service benefits till I recover the client’s debt?
Article 132 of the UAE Labour Law states: “A worker who has completed a period of one or more years of continuous service shall be entitled to severance pay on the termination of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows: 21 days’ remuneration for each year of the first five years of service and 30 days remuneration for each additional year of service provided that the aggregate amount of severance pay shall not exceed two years’ remuneration.”
As for the return ticket, the questioner is entitled to it as long as he leaves thge UAE and does not join a new company in the UAE.
Finally, as per the labour law, the employer has no right to hold an employee’s end-of-service benefits to force the employee has to collect the debt owed to the company. The employee can only be held responsible for the debt if he had made himself personal guarantor for collecting the money.
Evicting a tenant
A reader from Dubai asks: Under the Dubai Rental Law, does a landlord have the right to ask a tenant to vacate a property before the expiry of the tenancy contract?
Article 25 of law No 33 of 2008 by the amendment of some of the provisions of law No 26 of 2007 concerning the regulation of relationship between the landlords and tenants of properties in Dubai, states the following: “ A landlord may demand eviction of a tenant prior to expiry of the tenancy period in the following cases: 1) If the tenant fails to pay rent value, or part thereof, within 30 days of the landlord’s notification for payment; unless parties agreed otherwise. 2) If a tenant subleases the property, or part thereof, without the landlord’s written approval. In such a case, eviction shall be applicable to the tenant and subtenant, and the subtenant’s right to refer to tenant for compensation shall be reserved. 3) If a tenant uses, or allows others to use, the property for illegal or immoral activities. 4) If the leased property is a commercial shop and the tenant left the same without occupation and without legal reason for 30 continual days or 90 non-continual days in one year; unless the parties agreed otherwise. 5)If a tenant causes changes that endanger safety of the property in a way that it cannot be restored to its original condition or if he causes damage to the property intentionally or due to his gross negligence to take proper precautions or if he allows others to cause such damage. 6) If tenant uses the property for purposes other than the purpose it was leased for or if he uses the property in a way that violates planning, building and land using regulations. 7) If the property is in danger of collapse provided that landlord must prove such condition by a technical report issued by Dubai Municipality or accredited by it. 8) If tenant fails to observe legal obligations or tenancy contract conditions within (30) days from date of notification by landlord to abide by such obligations or conditions. 9) If development requirements in the Emirate require demolition and reconstruction of the property in accordance with government authorities’ instructions.”
The landlord is required to notify the tenant through the Notary Public or by registered mail.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
