Employees working on public holidays must be compensated

Question 1 Questioner asks: I work in a company and I would like to know my rights in terms of official holidays with full pay, because in my company, I’m working on most of the official holidays without payment. Please specify such holidays in details and as per the Labour Law.

Answer 1- I would like to clarify to you that, official holidays with full pay are mentioned in details in the Labour Law, article 74 which states: “Each worker shall be entitled to official holiday with full pay on the following occasions:

1. New Year’s Day (Islamic new year Hijri): one day;

2. New Year’s Day : one day;

3. Feast of Lesser Bairam: two days;

4. Feast of Greater Bairam and Eve of Greater Bairam: three days;

5. Birthday of Prophet: one day;

6. Nocturnal Journey and Ascension of Prophet: one day;

7. National Day: one day.”

Rightful heirs

Question 2 - Questioner from Dubai asks: I am Muslim woman; one month ago, my husband died in Dubai, I have two sons. My question here is what shall I do with regards to the rightful heirs? Is my husband’s family entitled to inherit from the legacy? And what is the procedure to be followed in this regard. Please advise me.

Answer 2 - I would like to clarify to you that at first, she shall ask the Sharia Court to issue Decree of Distribution, as the questioner shall provide two Muslim witnesses before the court, whom are required to be aware of the deceased person and his family members so as to explain to the Sharia Court who the deceased’s relatives are. Therefore, the court will issue Doctrinal Certificate in which it will state the rightful heirs of the deceased.

Termination of rent contract

Question 3 – Two months ago I renewed my apartment contract for another year with effect from February 1, 2013, I have paid my rent in cheques given all to the landlord in advance. Recently my company terminated my services. Since I have no income now I approached my apartment management seeking to cancel the contract. They asked me to present the original termination letter, which I provided. They informed me that I will have to pay 3 months’ rent as compensation for breaking the tenancy contract. I requested that I have no option I’m leaving to my home country, but the management is rejecting and they insist that I should pay 3 months’ rent otherwise they told me to go to rent committee. Please let me know what my options are, Can they still insist even though I am in trouble and can’t continue with my rent agreement? What will be my position if I decided to go to rent committee in case no amicable settlement is reached with them and how long this case will take in the rent committee? I’m in hurry and want to finish my problems as soon as possible. Please advice.

Answer 3- I would like to clarify to you that the tenancy contract is already binding upon the parties and no one may terminate the same unless with the consent of other party, unless otherwise provided by the contract. Therefore, I would advise you to solve this matter with the landlord amicably and try to pay him a compensation for the termination of contract. Otherwise when the Rent Committee receives such case and upon the examination of papers and assuring your non-ability to execute the tenancy contract, the rent committee might decide that the landlord shall be compensated from 1 to 3 months as it deems fit after being proved that the contract is impossible to be executed. You may be requested to provide a proof that your visa has been cancelled within the UAE whereby he cannot continue with the tenancy contract. However, I would tell you that such matter is urgent and requires no delay, to file a case and notify the counterparty of the same and to be ready before the committee; it may take at least a month and therefore such period will be calculated on you within the tenancy contract. Therefore, in relation to the question it is better to solve this matter amicably.