Eviction of tenant
Question: A year ago, I rented out a townhouse villa and mentioned in the lease contract, which ends in December 2021, that the tenant must vacate at the end of the contract term, because I want the villa for my personal use. However, the tenant currently refuses to abide by this condition and refuses to vacate the villa. My question is, do I legally have the right to file a rental lawsuit against the tenant for eviction and non-renewal of the contract? What are the legal procedures that must be followed in this case?
Answer: Causes for eviction, as stated in Article 25 of Law Regulating Relationship between Landlords and Tenants in the Emirate of Dubai, Law No 26 of 2007, as amended by Law No 33 of 2008, states: Upon expiry of the Tenancy Contract, the landlord may request eviction of the tenant only in any of the following cases:
A) Where the owner of the property wishes to demolish the property to reconstruct it or to add any new construction that will prevent the tenant from using the property, provided the required permits are obtained from the competent entities.
B) Where the property is in a condition that requires restoration or comprehensive maintenance that cannot be carried out in the presence of the tenant, provided the condition of the property is veriﬁed by a technical report issued by or attested by Dubai Municipality.
C) Where the owner of the property wishes to take possession of it for his or her personal use or for use by any of his or her ﬁrst-degree relatives, provided that the owner proves that he or she does not own another property appropriate for such purpose.
D) Where the owner of the property wishes to sell the leased property.
For the purposes of this Article, the landlord must notify the tenant about the reason behind the need for eviction 12 months prior to the date set for eviction, provided that this notice is issued through a Notary Public or by registered post.
Annual leave with pay
Question: I have been working in a private company for two years. It is mentioned in my internal contract that my salary is Dh1,000 plus commission. My monthly salary may exceed Dh12,000 inclusive of commission. It is also mentioned in my internal contract that I am not entitled to annual leave with pay. My question is, am I legally entitled, according to UAE Labour Law, to claim annual leave with pay? Secondly, in case if I resign from this company, how will the end-of-service benefits be calculated, given that my basic salary is not specified in my internal contract? It only says that my total salary is Dh1,000 (excluding commission). Finally, do I have the right to claim a repatriation ticket upon resigning from the company? Please advise
Answer: Firstly, you deserve annual leave with pay, as well as a repatriation ticket because both are rights granted to the worker according to UAE law and the employer has no right to deny these rights to a worker. Any agreement that contravenes the rights granted to a worker by law shall be considered null. The text of Article 7 of UAE Labour Law states that any agreement that deprives the worker of his or her rights or waives these rights as stated in the articles of the Labour Law or included in work contracts during the establishment of the labour relationship is a void agreement — even if such an agrement is drawn with the worker’s consent.
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Secondly, commission is to be considered as wage or part of the wage that is paid to the worker in return for his or her work and is to be included in the basic wage. Therefore, it needs to be factored in while calculating months of leave with pay and for end-of-service gratuity calculation as well. This is because this commission is a form of wage and not a substitute. The calculation of end-of-service benefit for those who work on commission basis shall be equal to the average wage received for actual days of work during the six months preceding the termination of the worker’s service. If the worker’s wage or part of it is not a lump sum, but in the form of an amount that is related to the volume of production and the amount of business return, then it is not fair to consider the amount due to the worker in the last month of his or her service as the basis for calculating end-of-service gratuity, because this amount is not a true reflection of his or her wage.
So, the average pay for the last six months should be considered while calculating end-of-service gratuity, so that this period is subject to the authority of the trial court according to the circumstances of the case.