I live in Dubai. I worked in a company for two years on a limited period contract. Two months ago, the company terminated my services without notice due to my absence from work for five consecutive days on two occasions with a gap of two weeks in between. As per my employer, such termination is pursuant to Article 120 of the labour law and therefore I am not entitled to end-of-service gratuity. I submitted a medical report to justify my second five-day absence. I would like to know if Article 120 applies to my case? Will the company be forced to reinstate me if it is proved that my termination violated this article?
Answer:
Article 120 of the Federal Labour Law No 8 of 1980 states: “An employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. Commits a fault resulting in substantial material loss to the employer, if the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. Defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. Is finally convicted by a competent court of a crime against honour, honesty or public morals
7. reveals any confidential information of his employer;
8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. Assaults the employer, the manager in charge or any of his workmates during working hours; or
10. Absents himself from work without a valid reason for more than 20 non-successive days in one single year or for more than seven successive days.”
Therefore, the questioner’s termination is contrary to Article 120. Therefore, if a court rules that the questioner has been terminated unfairly, the same may be considered as arbitrary dismissal, and thus the questioner may claim for compensation in addition to the other labour dues. The court will not oblige the employer to reinstate the employee even if such dismissal is contrary to the labour law.
Finally, the questioner is not entitled to serve a notice period as his labour contract is for a limited period.
Tenancy contract
Two months ago, I rented six office units in Sharjah from a real estate office. I paid them all the agreed installments as per the tenancy contract. The real estate office has not ratified the tenancy contract in the municipality till date as they promised. Now, they are telling me that the ratification shall be at the expense of the tenant. Please clarify the applicable rental law in Sharjah. What action should I take?
Answer:
Article 3 of law No 2 of 2007 regarding the relationship between landlord and tenant in Sharjah states: “The landlord shall ratify the lease contract, or renew the period of the same and pay applicable fees to the municipality, or the concerned authority, unless otherwise agreed by the parties. The contract shall be ratified within 15 days from the date thereof. Hereby, based on the above article, in the event of failure to reach an amicable solution with the real estate office in this regard, the questioner shall apply to the executive judge of the rent committee to direct the landlord to ratify the contract.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
