Ask the Law: Can I claim compensation if dismissed due to employer’s inability to obtain work visa?

Compensation claim against summary dismissal

Question: Four months ago, I came to Dubai, based on a job offer that I had received from one of the companies here. The company recently dismissed me from work. According to the company, the authorities concerned had refused to issue a work visa for me. The company had tried more than once, but it was rejected. Am I legally entitled to file a compensation claim against the company because of the damages that my family and I have suffered, especially since I had resigned from the company where I used to work in my home country so that I could come and work here? I have no income now.

Answer: Article (6) of the new Labour Law in UAE and the section on Recruitment and Employment of Workers states: 1. It is not permissible to undertake work in the UAE and the employer may not recruit or employ any worker, except after obtaining a work permit from the ministry as per the provisions of this Decree-Law and its Implementing Regulation. 2. The Implementing Regulation hereof shall specify the terms, conditions, types of work permits and procedures for granting, renewing and cancelling the same. 3. It is not permissible to undertake the activity of employment or mediation to recruit or employ workers, except with a licence from the Ministry, in accordance with the conditions and procedures specified in the Implementing Regulation hereof. 4. The employer is prohibited from charging the worker fees and costs of recruitment and employment or collecting them from him, whether directly or indirectly. 5. The minister, in coordination with the concerned entities in the State, shall issue the resolutions regulating jobs, in which the recruitment and employment of workers are prohibited, as well as the rules of the same. Article 42 of the new Labour Law states that the employment contract is terminated in case the worker fails to fulfil the conditions for renewing the work permit for any reason beyond the control of the employer.

Compensation is a matter for the civil court to decide and the case should be filed before the civil court. If we take into consideration that the employer must not recruit you except after obtaining a work permit from the ministry and that he should be able to know if he can get this permit, or if you fulfil the conditions for such work permit, but the employer did not abide by this condition and recruited you or requested you to leave your job in your country and join him or her before obtaining this permit, then you can claim compensation. Moreover, the burden to prove that the employer was not able to obtain the work permit and that happened because of reasons beyond him or her, falls on the employer himself.

Damage claims against tenant

Question: A year ago, I rented my villa to someone. Currently, the tenant wants to vacate the property and hand over the key. When I went to the villa, I found that the interiors were damaged and unfit for dwelling. Therefore, I refused to receive the key and asked the tenant to pay for the damages, which were estimated by one of the maintenance companies. However, but the tenant has refused to pay for the damages. Do I have the right to file a compensation claim against the tenant for the damages to the villa? Is it before the civil court or the rental court that I should file a case?

Answer: You have the right to file a compensation claim against the tenant. This case should be filed before the Rental Dispute Centre through a petition, requesting the provisional and urgent affairs judge to appoint an expert to inspect the property, determine the damages and based on this inspection you can claim the damages caused to the villa.

Article 19 of the law regulating relationship between landlords and tenants in Dubai defines the obligations of the tenant as follows:

Tenant must pay the rent on the due date and preserve the property as his or her own. He or she shall also not make any changes, renovations or conduct maintenance work without the landlord’s permission. This shall not violate the tenant’s obligation to execute agreed-upon maintenance or that which is ordinarily done by tenants.

Article 21 states: Tenant shall be obliged, upon expiry of tenancy contract, to return the property to the landlord, in the same condition in which he or she had received it, except for normal wear and tear or for reasons beyond the tenant’s control. However, in case of any dispute, the matter shall be referred to the Committee for decision.

Landlord may obtain a maintenance deposit amount from the tenant to guarantee maintenance of the property at the expiry of the tenancy contract, provided that the landlord shall refund this deposit, or any remaining amount, upon expiry of the tenancy contract.