Loss-of-pay leave can’t be forced on employee

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Loss-of-pay leave can’t be forced on employee

Published: Mon 15 Oct 2012, 9:10 AM

Last updated: Tue 7 Apr 2015, 12:40 PM

I have been asked to go on loss of pay for a period of at least three months as the company’s financial situation is not good. I presently work in Sharjah. Can an employee be coerced to go on loss of pay because of this? Please advise.

Employees are not responsible for the company’s financial losses. They are only responsible for their duties as agreed up on by the company. If they fulfil their obligations as mentioned in their employment contracts, then, it is their right to receive their remuneration. Article 56 of the UAE Labour law clearly mentions that: “Employees engaged on an yearly or monthly remuneration shall be paid at least once a month. All other employees shall receive their remuneration at least once every two weeks.”

It has to be noted that as per the UAE Law, even in case of liquidation of a company, employees are given priority over debtors. Keeping in view the above injunction of law, no employee can be coerced to go on loss of pay because the company cannot pay the agreed remuneration.

Contract is binding

I rented an apartment in Sharjah three months ago but now I want to leave that flat due to some problems. The landlord said we have to pay 30 per cent of the total rent if we break the contract which is too much. Is this legal?

Since you entered into a tenancy contract by your own free will, you cannot terminate it unilaterally. As a general principle of law, a binding contract cannot be changed unilaterally. Thus, neither can a landlord evict a tenant nor can a tenant terminate it before the expiry of the tenancy contract.

Furthermore, it will be subject to the terms and conditions mentioned in your tenancy contract. Therefore, if it is provided in your tenancy contract that in case of early termination, the tenant shall give three months’ notice, then, you are liable to pay or provide a three months’ prior notice of vacation.

Law of inheritance

We were two brothers both having jobs in Dubai. Recently, I resigned and cancelled my visa. My brother was continuing his job and came to Pakistan during the Eid holidays. One day before his flight to Dubai, he had a heart attack and died. His room in Dubai was in his name. How do we discontinue this? Also, how do we transfer his car to my name? How do we manage his bank accounts and life insurance? Is there any gratuity I can get from his company? What are the documents I need for all this?

Since your brother has died, his estate has to be distributed by the court among his legal heirs in accordance with the UAE Law No.28 of 2005, concerning Personal Status (Family Law). Article 1 states: ‘The provisions of this Law shall apply to non-UAE nationals unless the foreigner elects to apply his or her personal status law’.

The basis for the law of inheritance in the UAE is found in Shariah. Keeping in view of this, you need to take the following legal actions to claim and settle the estate of your deceased brother.

Steps to claim/settle the Estate (assets owned by the deceased such as cash in the bank, property or car in this case) of the deceased:

1) A case must be filed in the Shariah Court for the establishment of succession certificates. A relative (such as father, mother, brother, sister, wife, son or daughter) of the deceased should go to the Court along with two witnesses who know the entire family of the deceased and give evidence about the legal heirs of the deceased. In such a case, the Court will issue a judgment listing the legal heirs of the deceased and the respective percentage of his/her share in the estate of the deceased. It is pertinent to note that the Court will apply the law of the deceased if required and produced by the legal heirs for determining the respective percentage of his/her share in the estate of the deceased.

2) Alternately, obtain a succession/heirship certificate abroad from the court in the country where he died (Pakistan in this case), duly attested, in order to determine the legal heirs of the deceased and the respective percentage of his/her share in the estate of the deceased. In such a case, the law of the deceased’s country will be applicable.

3) Guardianship certificate (if a legal heir is a minor, or legally disqualified person) from the relevant court duly attested as mentioned below, mentioning the name of the guardian for the minor or legally disqualified legal heir.

4) No-objection certificate or power of attorney must be obtained from the other legal heirs mentioned in the succession/heirship certificate if they cannot appear before the court.

5) File a case in the Shariah Court for execution of succession certificates and distribution of the Estate of the Deceased. The court will distribute the assets of your deceased brother among the legal heirs.

Compiled by Ahmed Shaaban

Mushtaq Ahmad Jan is a lawyer at the Global Advocates and Le-gal Consultants, with a Master’s Degree in international com-mercial law, University of Hull, Kingston-upon-Hull, England. Readers may e-mail their ques-tions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

By Mushtaq Ahmad Jan

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