I work in a company based in Dubai. One month ago I requested my company to provide me with one month annual leave, but my employer said that I am only going to get 15 days as 15 were deducted from my annual leave as disciplinary action taken against me by my employer. In January of this year he alleged that I was in breach of duties, but that was due to a mistake on his part. My questions are:
1. What type of penalty is the employer allowed to impose against an employee as per the UAE Labour law?
2. As per the UAE labour law, does the employer have the right to deduct days from my annual leave for such disciplinary reasons?
As per UAE Federal Law No. 8 of 1980, as amended, the Labour Law provides clear provisions to take disciplinary action by employers against their employees. This is covered in detail in the Chapter 6 of the UAE Labour Law from the Article no. 102 until Article no. 112.
There are certain cases where an employer may fine or even dismiss an employee for misconduct and breach of duties, and it is important for all employees to understand the circumstances when these penalties can be imposed.
According to Article 102 of the UAE Labour Law, there are disciplinary rules that an employee should be aware of, however Article 102 of the labour law states that disciplinary rules may be imposed by the employer or their representative in the following forms: Warning; a fine; suspension from work with reduced pay for a period not exceeding 10 days; forfeiture or deferment of periodic increment, in establishments where such increments system is applied. Dismissal from service but reserving right to end-of-service benefits. Dismissal from service together with forfeiture of all or part of the benefits, provided that the penalties shall not be imposed for reasons other than those specifically prescribed in Article no. 120 of this law.
Finally, the employer has no right as per the UAE labour law to deduct from the employee’s annual leave as a disciplinary action against the employee.
I own a flat in Dubai which I have rented out since two years. The tenancy contract is going to expire in May 2019. The tenant sent me an email saying that he is going to renew the tenancy contract. My question is, as per the Dubai rental law in case I want to use my flat personally, do I have the right not to renew the tenancy contract?
I would like to advise the questioner that as per the Law No. 26 of 2007, Article no. 25: Eviction, paragraph No.2 states “A 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 use by him personally or by his next of kin of first degree.
However, in all above mentioned four cases, the landlord must notify tenant with reasons of eviction at least 90 days prior to expiry date of tenancy contract.”