I have been working in a company since seven years. Six months ago my company accused me for stealing from the company. I have been suspended since February 2018 and have not received salary since January 2018. I had lodged a court complaint. Last month, the criminal court pass a judgement in my favour. I was not guilty. My questions are: Do I have the right to go back to my work again? Do I have the right to claim all my rights for the suspension period? In case I decide to leave the company, can I claim compensation for the false accusation and damage done to my reputation?
I would like to clarify to the questioner the UAE’s Labour Law of Federal Law No (8) of 1980, Article No. 112 which mentions the following, “A worker may be temporarily suspended from work if he is accused of committing a deliberate offence involving assault on person or property or crimes relating to honour and honesty or the offence of unlawful strike.
The period of suspension shall run from the date on which the incident is reported to the competent authorities and until the latter have given a decision on the case. The worker shall not be entitled to his remuneration in respect of the period of the suspension. Where it is decided not to take worker to court or the worker is acquitted, he shall be reinstated in his work; he shall be paid his remuneration in full for the period of the suspension if it was maliciously contrived by the employer.”
Finally, the questioner has the right to file a criminal case against the employer for filling a false complaint against him. He can also file a civil case against the employer and the company and ask for compensation for damage.
Two years ago, we rented a villa for business use. The company is doing good business. Last year we got our tenancy contract renewed without any problem. Last November 2018 when our tenancy contract expired, we went to the landlord’s office to renew the contract. He said that he was not entitled by the law to renew the contract for the reason that as per our new trade licence our sponsorship had changed. Therefore, he was not willing to renew the tenancy contract for that reason. He mentioned that he would only sign a new contract with a new condition and higher rent. Now it is more than a month and our trade licence has not been renewed due to the problem. Our question is, as per the Dubai Rental Law, does the landlord have the right not to renew the tenancy contract due to change of sponsorship in trade licence and can he increase the rent only for that reason?
As per the Dubai rental law, the landlord has no right for not renewing the tenancy contract or renewing the contract with an increase in rent or change the tenancy contract conditions as long as the previous tenancy contract was made in a company name, not in the name of the sponsor.
Therefore, in case no amicable settlement is reached with landlord, the questioners have the right to file a rental case to request the rental court to force the landlord to renew the tenancy contract without any increase in rent or any change in the tenancy contract conditions.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.