Ask the law: August 3, 2007

Seek allowance if company's city accommodation is cramped

A reader in Dubai asks: I work in a multinational firm. My contract is of an unlimited period and I have completed 10 years. The majority of workers had no accommodation or allowance, which are provided only for certain nationalities. After many letters and discussions, the company decided to provide accommodation to all. Now, the problem is that the company rented a hotel apartment floor in a busy area in Deira, around 25 studio flats, with six to eight people in each. No kitchen facilities nor food are provided. There is also no place for recreation and no place to keep our belongings. The rooms are of 60 sq ft. There is even no place to keep a TV. Is there any rule regarding the subject? Where can I report the problem?

We would like to state that as per Article 101 of the Labour Law, the employer is obligated to provide proper and hygienic accommodation only for his employees who work in remote areas, who have no means of normal transportation.

In that condition, the accommodation should be appropriate and clean with all first aid means, entertainment and sport facilities.

As for the reader's case, the article is not applicable as he is working in the city. We advise that the questioner seeks accommodation allowance instead of that accommodation especially since he is working for his company for several years.

Rent hike

A reader in Sharjah asks: I stay in Sharjah. I have rented a one-bedroom flat in 2004 with an annual rent of Dh15,000. In 2005 it was increased to Dh18,000 and with the same ratio in 2006 the rent was Dh21,000. Now, the manager is asking for Dh30,000, although my contract had always been attested by the municipality. When other tenants of the building inquired about the increase, the manager said they had to pay or vacate within two months. Can we approach Sharjah Municipality? Can we pay the rent to the municipality directly without going to the owner? Is there any fee to submit the rent to the municipality? Should the amount be paid in one installment or can it be paid according to the contract? Also, can the owner ask us to vacate the flat after paying the rent to the municipality or at the end of the contract? Can you also please clarify the three-year limit - whether it starts from the last increased rent or from the start as I rented in 2004 and they increased the rent every year?

The tenant should have known his rights from the start so as not to be subject to such illegal acts by the landlord or his agents.

The tenant should have been under the legal protection against any increase during the first three years, as the landlord during that period does not have any right to increase the rent or vacate the flat as long as the tenant is paying the rent as per the law and on time.

If no amicable solution is reached, he should deposit the rent to the municipality without paying any fees.

An important condition is that the tenant should deposit the rent within 15 days of the start of the new rental year. The condition should be fulfilled otherwise the tenant loses the legal protection. After payment of the rent to the municipality, the tenant will be entitled to all rights as a tenant with a legal status, and the tenant should not in that case pay attention to the landlord's claims.

As for the three-year period, in case of the reader, it is calculated since the date of signing the tenancy contract - on 2004.

Finally, the Rental Committee of the municipality will review the case upon completion of the above mentioned procedures.

Housing contract

A reader in Dubai asks: I am one of the first and presently the oldest tenant residing in my building since the building was constructed three years back. The landlord has increased the rent by 20 per cent and 23 per cent each year respectively. My contract in due for renewal. I would like to know if the landlord can legally increase the rent this year too? Can he refuse to renew the contract for any reason? Please advise what can I do if he resorts to any of these two actions.

The Rental Law of Dubai said that if the landlord increases rent in 2006, then he does not have the right to claim any increase for the following year. Therefore, the reader, as per the Rental Committee's Law, is not obligated to bear any increase at this moment, and he is advised to send a letter to the landlord informing him of the above fact and seeking to renew the contract without any increase. In case the landlord refuses to do so, the questioner should file a Rental Case with the Rental Committee of Dubai Municipality, in this respect, seeking to renew the contract with the same rental amount.

Medical test

A reader in Dubai asks: My brother failed in the medical test for his visa, the reason being a scar on his chest. He was not allowed to do another medical check or X-Ray even though it was directed by a hospital. When we inquired at the hospital, the doctor said that he is not sick but the problem is the mark, which does not entitle him for a residence visa. When I inquired at the immigration, they said that the letter clearly states that he is sick and cannot enter the UAE. Kindly advise.

We advise the reader that if his brother does not hold any contagious disease, which does not allow him to reside in the UAE, and if he can be treated, then he can treat his scar and come back again under the same procedures, if he is outside the UAE at the moment.

Actually, upon collecting such medical report from the doctor, the questioner should have requested a detailed report about his condition, to illustrate that he can be treated, and in case the treatment did not require a long time, the questioner should have submitted the detailed report with the Ministry of Labour and sought a period of one month to finalise the treatment.

In such a case, the ministry grants the questioner a further period of one month other than the two-month period for residence procedures, provided that the questioner settles the ministry fees for that one-month period, which does not exceed a sum of Dh1,500.

Only then he would have been able to get the medical test once again.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahr Advocates and Legal Consultants.