NAT_190530 dismissal notice-1559208813907
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Question: Does my employer have the right to downgrade my position without valid reason? He did this to force my resignation and I am now leaving, but my notice period in my unlimited contract is two months. Do I still need to work the full notice period?

Answer: As per the Dubai Supreme Court, downgrading an employee for no reason is considered a form of arbitrary dismissal and the submission of resignation by the employee, in this case, is an expression of his disagreement to such a downgrade. The employer is in breach of his obligations towards the employee, which entitles the employee to resign and has the right to obtain all dues along with compensation for the arbitrary dismissal. Therefore, I would advise the questioner to file labour complaint against the employer, if he failed to reach an amicable solution with the employer. Finally, as per the UAE labour law, you are obliged to work the notice period unless the employer allows you otherwise in writing.

Question: Two weeks ago I filed a rental case against my tenant because he hadn’t paid his rent for more than two months. When the tenant got the notification he immediately deposited the money into my account. Can the tenant avoid eviction by depositing the money directly? I don’t want to continue with him and I have insisted that he must leave, but I would like to know what rights the landlord has to evict before contract expiry?

Answer: Article 25 of Law No. 33 of 2008 amended from Law No. 26 of 2007 states that the landlord can evict the tenant before contract expiry in the following cases:

— If the tenant fails to pay the rent, or part thereof, within 30 days of the landlord’s notification, unless the parties agree otherwise;

— If the tenant subleases the property, or part thereof, without the landlord’s written approval — in such cases eviction is applicable to both the tenant and subtenant, and the subtenant’s right to refer to the tenant for compensation shall be reserved;

— If the tenant uses, or allows others to use, the property for illegal or immoral activities;

— If the leased property is a commercial shop and the tenant left without occupation and without legal reason for 30 continual days or 90 non-continual days in one year, unless parties agreed otherwise.

— If the tenant causes changes that endanger the safety of the property in a way that it cannot be restored to its original condition or if he causes damage to the property intentionally or due to his gross negligence to take proper precautions or if he allows others to cause such damage.

— If tenant uses the property for purposes other than the purpose it was leased for, or if he uses the property in a way that violates planning, building and land using regulations.

— If the property is in danger of collapse provided that landlord must prove such condition by a technical report issued by Dubai Municipality or accredited by it.

— If the tenant fails to observe legal obligations or tenancy contract conditions within 30 days from the date of notification by landlord to abide by such obligations or conditions.

— If development requirements in the emirate require demolition and reconstruction of the property in accordance with government authorities’ instructions.

And for the purpose of clause one of this Article, the landlord must notify the tenant through the Notary Public or by registered mail. Finally as per the above mentioned article, the rental court may direct the tenant to vacate the premises as long as he did not pay the rent during the 30 day notification period sent by the landlord.