Ask the Law: For any work-related injury suffered by employee, should employer bear cost of treatment?

A) The worker shall be treated in a government or private health-care facility.

B) The cost of treatment shall continue to be paid until the worker recovers or his or her disability is established.

C) The treatment shall include hospital stay, surgical procedures, costs of X-rays and medical analyses as well as cost of medications and rehabilitation equipment and provision of artificial and prosthetic limbs and devices for those whose disability is established.

D) The cost of treatment shall include transportation costs incurred for the worker’s treatment.

Article 37 of the new Labour Law regarding Compensation for Work Injuries and Occupational Diseases states:

1. Under a resolution of the Cabinet, based on the minister’s proposal and in coordination with the authorities concerned, work injuries and occupational diseases, conditions and procedures to be followed in case any of them occur, the obligations of the employer in this regard, the amount of compensation due to the worker in case of permanent, full or partial disability, compensation payable to his or her family in case of death and the rules for its distribution and amount, shall be defined.

2. The employer shall, in case the worker has a work injury or an occupational disease:

a) Bear the expenses of the worker’s treatment until he or she recovers and is able to return to work or proves his or her disability, in accordance with the conditions, rules and procedures specified by the Implementing Regulation hereof.

b) If the work injury or occupational disease prevents the worker from performing his or her work, the employer shall pay to the worker an amount equivalent to his or her full wage throughout the treatment period or for six months, whichever is less. If the treatment period exceeds six months, the worker shall obtain half the wage for another six months, or until the worker is cured or his or her disability or death is proven, whichever is earlier.

Property registration

Question: A year ago, I purchased an off-plan property from one of the developers and according to the purchase contract, the developer is required to hand over the property after two years. However, after reviewing the status of construction with the Real Estate Department, it has become clear to me that the property has not been registered in my name. Upon asking, the developer said he would register the property in my name when I clear the last instalment. My question is: Do I have the legal right to request for termination of the purchase agreement because the developer is currently refusing to register the property in my name? Please advise.

Answer: You have the right to request for termination of the purchase agreement because the developer is obliged to register the property in your name in the initial property register, according to Article 3 of Law No (13) of 2008 Regulating Initial Property Registration in the emirate of Dubai, which states: All actions on off-plan property units sold shall be registered in the initial property register. Sale and all other legal actions that transfer or restrict ownership and any right based thereon shall be deemed null and void unless registered in the said register.

Application for registration of the property unit in the initial property register shall be submitted on the form designed for this purpose. All the duly required data and documents and applicable procedures of the department shall be met. [Article (5) of the same law.]

Moreover, in case of a complaint, Article (13) of the above law states: If it is proven to the department that the developer or broker has committed any action or refrained from any action that is mandated by the provisions of this law or other applicable legislations, then the general manager of the department shall prepare a report on the said case and refer it to the competent authorities for investigation.

The above texts reveal that all actions that are received on real estate units sold off-plan — that are under construction or whose construction has not been completed — must be registered in the initial real estate registry deposited with the Land Department, whether these units were sold before or after the issuance of Law No 13 of 2008. The developer is the one responsible for submitting the registration application to the department and the fact that the property is not registered at all would invalidate the act.

It is decided — in the judiciary of this court — in cassation No 187/2019 real estate and 2019/193 real estate that “the initial registration of real estate units sold off plan is a legal obligation imposed by the legislator on the seller who is selling on the map, and that this obligation is not separated from the seller, except by providing evidence of its implementation by submitting the initial registration request to the Lands and Properties Department, in accordance with the fifth article of Law No 13 of 2008 and in accordance with the third article of this law. The failure to register the disposition will result in the invalidation of the disposition since its issuance — whether this disposition took place before or after the issuance of the law as long as it was not registered at all.