Will I be entitled to gratuity?
Mr Mohammad in Dubai asks: I have worked in one of the security companies in Dubai since 2000. My contract renewal is due next month and I have no interest to renew my contract as I want to go back to my homeland, Nepal. I would like to know whether I will be eligible for gratuity and return ticket to Nepal?

The labourer may choose not to renew his contract after it expires. He is entitled to receive all his legal entitlements in addition to his return air ticket as long as he does not violate the labour contract or labour law.

Car complaint
A reader in Dubai (name withheld on request) asks: I recently purchased a luxury car and I was told about certain features of the car before I purchased it. However, after I made the payment, I did not find the features in the car and on asking the company they told me that its not technically possible for them to install this technology as the car is not compatible. What should I do as I feel that I have been cheated?

If the questioner has adequate proof for his claims, then he may file a complaint before the Economic Department in addition to filing a Criminal Police Complaint against the company and claim refund for the car or get the difference in price. Winning such case is subject to the questioner's ability to prove his claims. We advise the questioner, before taking any action, to show the car to a specialised expert and obtain a report about the car's condition. Then it will be more proper to start with the complaint.

Invasion of privacy
A reader in Dubai (name withheld on request) asks: My landlord has decided to sell his property though we have paid rent for a full year till the end of November. He started showing his property to several people since about three months now. Is there a law to protect us tenants if we refuse agents coming to examine our property? We feel our privacy has been invaded and we have indicated that we would like to stay here for a long time or even buy the property. Where do we stand as we are worried about new buyers telling us to leave before our contract ends?

As per the Article No 770 of the Civil Law: The landlord shall not disturb the tenant or challenge his utilisation all the tenancy period and he is not allowed to make any change in the premises in a way that affects or prevents the tenant from its utilisation.

At the same time, the owner; whether old or new is not allowed to eject the tenant from the premises before the contract expires as long as the tenant is paying the due rent amount. Thus, the tenant has the right to prevent anyone from entering the flat.

Visa transfer
Mr Saheed in Dubai asks: Please tell me what I should do if I change jobs? What is the law if one is to change companies if one gets a better offer after completion of one year? Will there be a ban or what should you do? The former company is prepared to issue an N.O.C.

The question is subject to visa transfer rules mentioned in Article 68 of the executionary note of the expatriate law, which states: If the visa transfer is sought from a private sector to another private sector, then the following are required:

1- Approval by the old sponsor and new sponsor

2- Approval from the Ministry of Labour if the sponsored is listed among the classes that follow the Labour Relations Arrangement Law

3- Confirmation by the Residency & Naturalisation Department

If the above conditions are met, then there will be no ban.

Work visa
A reader in Dubai (name withheld on request) asks: I just want to know regarding my work visa. If I don't want to renew it, can my employer get a ban imposed on me? If my present company does not give me NOC, is it still possible to work for another company without going out of the country? What legal actions can you suggest to help me decide whether to leave my present job or not?

The questioner may not renew his work visa but there will be a ban for six months. However, he might transfer the sponsorship without the consent of his previous sponsor, upon expiration of the contract only after paying the determined fees for amendment of his status without the need to exit the country.

The employee shall, in all cases, not violate the labour law and not breach terms of non-competition in the contract, if any.

Insurance tangle
A reader in Dubai (name withheld on request) asks: I had full insurance on my car. However, I had a car accident a few weeks ago, and it took a full month to repair my car. I was not at fault, as the accident was caused by a second party who violated traffic rules. My question is: I was left without a car for one month and had to rent a car. Does the insurance company have to pay for this? Secondly, my insurance company said the other party's insurance company may decide to cancel the car's registration and pay me cash. In this case, I will lose the car registration and insurance, which I have paid for one full year. Does the insurance have to reimburse that as well? If not, why do I have to bear such huge losses (car rent during repair, insurance and registration if the car registration is cancelled, etc) while the whole accident was not my fault?

As per the current regulations prevailing in car insurance, the insurance company does not provide with a reserve car during the period of repair. Upon cancellation of the car registration, the insurance company is responsible to pay the car value only as mentioned in the insurance policy without any other charges or expenses.

Buying house
A reader in Ajman asks: If I buy a house in one of the new developments in the Northern Emirates, such as Ajman or Ras Al Khaimah, does it come with a permanent residence visa like the ones in Dubai? Another question is, am I entitled to work while I hold a house visa? And in this case, can my employer ban me for any reason? Would I still need an NOC to change jobs?

This visa is granted for residence only not for work. If the holder of such visa wishes to work under the same then he must apply for a labour permit as per regulations prevailing in the Ministry of Labour, and if the holder gets a ban, he will be banned from working but it will not affect his entrance to the country by virtue of such visa. As for the purchase of such flats in the Northern Emirates, it will grant the buyer a residence visa, as per the company involved in the transaction, and it will be according to the same rule prevailing in Dubai.

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