Question - One month ago I was terminated and now I am working a notice period, which is going to finish next month, but my company will not pay my bonus. Am I eligible for my bonus as a bonus is paid twice a year every six months and my service was terminated two months before the end of the year. I also didn’t get my previous six months bonus. In my contract the bonus is not mentioned.
Answer - Federal Law No. 8 of 1980 is silent regarding the payment of bonuses to employee. Therefore, the payment of a bonus is generally at the discretion of the employer unless the employment contract specifically mentions payment of bonus along with the basis on which the bonus will be calculated and paid. In some companies, employees are paid bonuses as a result of custom or practice, which would have been prevailing in such companies for a long period of time. In such cases the employees may claim bonus from their employers.
In case payment of bonus is a custom or practice in your previous company, you may request your ex-employer to pay as per Article 1 of the Labour Law, which reads ‘Remuneration’ is defined as,: “All payments made to the worker on a yearly, monthly, weekly, daily, hourly, piece work, or production or commission basis, in return for the work he performs under the contract of employment, whether such payments are made in cash or in kind.
Remuneration shall include the cost of living allowance. It shall also include any grant given to the worker as a reward for his honesty or efficiency if such amounts are provided for in the employment contract or in the internal regulations of the establishment or have been granted by custom or common practice to such an extent that the workers of the establishment regard them as part of their remuneration and not as donations.
It is assumed that you have already signed the end of service settlement with your previous employer and have cancelled your visa as well. If such is the case, you may have to file a civil claim against your previous employer to claim bonus if it is obligatory on your previous employer to pay bonus in accordance with the terms of your employment contract in this regard may the civil court will accept the case only under the ground of the damages not as a labour issue, this according to the jurisdiction rules.
Question - I’ve rented my villa out for the past two years and the contract expires on January 5. In the contract it is mentioned that the tenant must leave the villa by the end of the contract or pay a penalty of Dh50,000. One month ago the tenant said he wouldn’t leave. As per the law do I have the right to evict him and claim my Dh50,000.
Answer - As per Law No. 26 of 2007, Article no. 25: Eviction, paragraph No.2 states the following: “The landlord may demand eviction of the tenant upon expiry of tenancy contract in the following cases:
a) If development requirements in the Emirate requires demolition and reconstruction of the property in accordance with government authorities instructions.
b) If the property requires renovation or comprehensive maintenance which cannot be executed while tenant is occupying the property, provided that a technical report attested by Dubai Municipality is to be submitted to this effect.
c) If the landlord wishes to demolish the property for reconstruction or to add new constructions that prevent tenant from benefiting from the leased property, provided that necessary licenses are obtained.
d) If landlord wishes to recover the property for personal use or by his next of kind of first degree.
However, in all above mentioned four cases, the landlord must notify tenant with reasons of eviction at least ninety days prior to expiry date of tenancy contract”. As per the above mentioned article the paragraph which mentioned in the tenancy contract that the tenant must evict at the end of tenancy contract or pay AED 50,000 is considered against the Dubai Rental Law.
