Developer not registered with Rera
Question 1: A questioner asks: In June 2009 I bought a freehold villa from a developer through its real estate office and paid 20 per cent of the total value of the property. I later discovered that the developer had not even started work on the villa, prompting me to ask them to return my money. The developer refused and it appears that they cancelled the project after this. I filed a complaint to the Real Estate Regulatory Agency (Rera) within one month only to discover that the developer was not registered with them. Rera directed me to file a complaint before the competent court. Can I file a case against both the developer and the real estate office?
Answer 1: I advise the questioner to make a complaint to the competent court against the real estate office and the developer. If the court finds that the developer is not registered with Rera and also does not have an escrow account the court will direct the parties to return the money and compensate the questioner with all expenses and damages incurred.
Employer must bear visa costs
Question 2: I worked for a company for more than three years. When I started I was on my old employment visa. Six months later my new employer got an employment visa for me. Over the course of time, another company offered me an attractive package and I proceeded to resign and ask my present employer to settle my end-of-service dues. However, my employer refused to grant me my full rights, especially those relating to the period I started employment while under my old visa. The company insists that my period of employment started the day they obtained an employment visa for me. I filed a complaint before the Ministry of Labour after the company refused to settle. The labour office forwarded my complaint to the labour court. How will the court determine the actual date I started employment with my present employer. Furthermore, how do I prove the same? I should add that the employer also wants to deduct the costs of obtaining an employment visa for me.
Answer 2: The court will consider the start date for the questioner as being the actual date he started work. They will disregard the date the employment visa was issued. The questioner can prove the start date from their bank statement showing their salary payment or from the day of appointment letter was given to the questioner by the company. Finally, the Supreme Court has directed that no employer has the right to deduct the cost of obtaining an employment visa from the payout due to the employee.
Labour ban concerns
Question 3: A reader asks: I have worked for a company for more than three years on an unlimited contract. My visa expired two months ago and the company renewed my visa and made me sign a limited contract which will expire in 2015. I am planning to leave my job. Will I be able to get my entitlements? Is it possible to work for a new company without getting a ban?
Answer 3: If the questioner resigns his act will be against the Labour Law because the contract is for a limited period. He cannot break it unless the contract has expired. If the questioner breaks the contract he will have to compensate the company. And the sponsor has the right to ask the labour office to place a one-year ban due to this violation.
All questions answered by advocate Mohammad Al Shaiba of Al Shaiba Advocates and Legal Consultants
