Bonus
Question: I’ve worked in a company for more than three years and for the past two years I got a bonus every six months. My company used to pay this through my bank account. My salary is less therefore I depend on these bonuses. One month ago I submitted my resignation and while calculating my end of service benefits my employer said he would pay my end of service as per my salary and not my bonuses. The bonus is not mentioned in my labour contract. Therefore, as per the UAE Labour Law can I take this to court and have a case to claim if bonuses are not mentioned in my contract?
Answer: As per Federal Law No 8 of 1980, payment of bonuses 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 bonus 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 custom or practice in your previous company, you may request your ex-employer to pay as per Article No 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. Therefore as per the above-mentioned article and in case no amicable settlement is reached with the employer, the questioner has the right to file a labour complaint claiming for a bonus even if the bonus is not mentioned in the labour contract.
Tenancy contract
Question: My villa was rented out for two years. The tenancy contract is going to expire on September 2019. Three months ago, I sent an official letter through the notary public saying that as per the tenancy contract I am not going to renew the tenancy contract. In the tenancy contract, we both agreed that the tenant must vacate at the end of the tenancy contract period. But the problem is that the tenant has refused to vacate the villa and is saying that he will remain and renew the contract for one more year before vacating. As per the tenancy contract, which mentioned that the tenant must vacate, do I have the right as a landlord not to renew the contract and to vacate the tenant?
Answer: As per Law No 26 of 2007, Article No 25: Eviction, paragraph No 2 states: “A landlord may demand eviction of a tenant upon expiry of tenancy contract in the following cases:
a) If development requirements in the Emirate require 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 prevents a tenant from benefiting from the leased property, provided that necessary licences are obtained.
d) If a landlord wishes to recover the property for personal use or by his next-of-kin of first degree.
However, in all above-mentioned cases, the landlord must notify the tenant with reasons for eviction at least ninety (90) days prior to expiry date of tenancy contract. Finally, the landlord, as per the Dubai Rental Law, has no right to vacate the tenant due to such reason agreed in the tenancy contract.
Ask the Law questions are answered by lawyer Moham mad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
