UAE Law: Maternity leave can’t be denied; Can a tenant refuse to vacate flat?

Question

I have been working with a company for two years. Currently, I am eight months pregnant but I have run into a problem. My employer claims I am not entitled to maternity leave as the company falls under a free zone. My offer letter also states that I am not entitled for maternity leave because of the same reason. But can I be denied maternity leave? What are my rights, because Ministry of Labour has clearly defined maternity leave provisions.

Answer

As per UAE Labour Law, Federal Law No. (8) of 1980, Article No. 30 states as follows: “A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and following her confinement, on condition that she has been in her employer’s service for a continuous period of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.

On the expiry of her maternity leave, a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women’s work of confinement. The leave provided for in the preceding two paragraphs shall not be deducted from other periods of leave.”

As per the UAE Labour Law, a female employee is entitled to maternity leave even if the company she is working with is not under the purview of the Ministry of Labour. The UAE Labour Law is applicable to all companies, whether they are under the Ministry of Labour or a free zone authority.

Question

I have given out my apartment on rent for the past one year. The tenancy contract is due to expire in June 2019. I was surprised that my tenant sent me an official letter through a notary public saying that he will be renewing the tenancy contract. In the original contract, it was clearly agreed that the tenant would vacate the apartment at the end of the contract and only the landlord would have the right to renew the contract if he so wished. Do I have the right as a landlord not to renew the tenancy contract and evict the tenant?

Answer

As per Law No. 26 of 2007, Article No. 25 on evictions, paragraph No. 2 states that the landlord may demand eviction of a tenant upon expiry of the tenancy contract in the following cases:

a) If development in the emirate requires demolition and reconstruction of the property in accordance with government instructions.

b) If the property requires renovation or comprehensive maintenance which cannot be executed while the tenant is occupying the property, provided that a technical report attested by Dubai Municipality is submitted to this effect.

c) If the landlord wishes to demolish the property for reconstruction or add new constructions that prevent the tenant from benefiting from the leased property, provided that necessary licences are obtained.

d) If the landlord wishes to recover the property for use by him personally or by his next of kin of first degree.

However, in all the above cases, the landlord is required to notify the tenant with the reason for eviction at least 90 days prior to the expiry date of the tenancy contract.

Finally, the landlord as per the Dubai Rental Law, has no right to evict the tenant due to such reasons agreed in the tenancy contract. Therefore, the reason mentioned by the questioner is not applicable.