I live in Dubai and was employed as sales manager in a company for more than three years on an unlimited labopur contract. I live in the company accommodation. I resigned two weeks ago, but the company has refused to pay my end-of-service dues. I has also asked me to vacate my accommodation immediately. I requested them to let me use the accommodation for another month as I have my family with me. My manager, however, claims that the labour law requires an employee who has resigned to vacate the accommodation immediately.
Clause 131 of Federal Law No 8 of 1980 states that in cases where an employer provides accommodation, the worker shall be obliged to vacate the premises within 30 days of termination of service. However, the employer is required to pay the worker severance pay and other entitlements in accordance with the labour contract.
If the worker has a grievance, the department concerned shall determine within a week from its been notified, these expenses and entitlements and shall inform the worker.
In this particular case, the counting of 30 days grace period for the vacating of the premises shall commence from the date that the employer deposits the worker’s expenses and entitlements. If the worker does not vacate the premises within 30 days, the labour department in the emirate shall take the necessary administrative measures for vacating of the same.
The provision of this article shall not deprive the worker of his right to go to court.
The article is applicable irrespective of the employee resigning, or being terminated.
I live in Dubai. Last month, my company deducted half a month’s salary because I was absent from work for five days. Is this legal?
Clause No 104 of Federal Law No 8 of 1980 states that a fine may be expressed in terms of a specific amount, or an amount equal to the workers remuneration for a specific period. The fine prescribed in respect of any one offence shall not exceed five days’ remuneration, and it is illegal to deduct more than five days’ remuneration in any one month from a worker’s remuneration in payment of fines imposed on him.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.