I rented a villa in Dubai from a real estate office for family use. I signed the tenancy contract for three years and paid the whole amount in post-dated cheques. The real estate office cashed the first cheque, but has not given me possession of the villa till date on the pretext that the villa is under maintenance. Someone from the real estate office informed me that the old tenant has not yet vacated the villa. I asked the office to cancel the tenancy contract since I cannot wait. I also asked them to return the cheques. However, they refused and told me that I should wait as they cannot cancel the contract. Can I ask the police or court to stop payment till I settle the matter amicably or through the rental department court?

The questioner should immediately file a case before the Rental Judicial Committee and seek cancellation of the contract and the return of all cheques on the basis that the landlord has not committed to tenancy contract and hand over the villa from the beginning of the contract. This case is under the jurisdiction of the committee and the questioner cannot stop payment on the cheques through the court or police.

Maternity payment

I am a woman working in a Dubai company. Two weeks ago, my company terminated my limited contract due to financial problems. Am I eligible for maternity pay, considering that I am six months pregnant and have worked for the company for almost three years? My employer states that I am not eligible.

The questioner is not eligible for maternity pay presently as the company has terminated her services while she is six months pregnant, which means that the delivery date is still months away. The questioner shoulc ask the Ministry of Labour for compensation from the company for breaking the limited contract. Financial problems is not sufficient reason for the company to terminate the contract. The questioner is also entitled to end-of-service dues. If the questioner fails to reach an amicable solution with the company before the Ministry of Labour, she may ask the ministry to refer the complaint to the competent court for consideration.

Holiday compensation

If a public holiday falls during an employee’s annual leave, is the employee entitled to compensation when he returns, like taking an extra off day, or full day’s payment ? I was on annual during the recent Eid holiday.

As per the labour law, if a public holiday falls during the leave period, such a holiday cannot be compensated.

— Compiled by Bassam Za’za’, Legal and Court Correspondent