No remuneration during suspension

I was arrested for driving the company car without a driving licence last September. The case is with the traffic prosecutor and I was stopped from working with the company by the authorities. The company asked me to settle the matter with the police first before accepting me back. I asked the company to settle my dues, but I am not getting any response from them. I have not been paid since last September. What do I do?

It is assumed that your employment is governed by the provisions of Federal Law No (8) of 1980 on Labour Relations (the ‘Labour Law’).

Further to your question, it is understood that you had been arrested for the offence of non-possession of a driving licence while you were driving the company vehicle; and subsequently a case had been lodged against you by the traffic prosecutor. Your employer has temporarily suspended you from your employment in accordance with the provisions of Article 112 of the Labour Law which states: “A worker may be temporarily suspended from work if he is accused of committing a deliberate offence involving assault on person or property or crimes relating to honour and honesty or the offence of unlawful strike.

The period of suspension shall run from the date on which the incident is reported to the competent authorities and until the latter have given a decision on the case. The worker shall not be entitled to his remuneration in respect of the period of the suspension. Where it is decided not to take the worker to court or the worker is acquitted, he shall be reinstated in his work; he shall be paid his remuneration in full for the period of the suspension if it was maliciously contrived by the employer.”

In the event the court verdict is against you, your employer shall be within its right to terminate your employment in accordance with Article 120 of the Labour Law which states: “An employer may dismiss a worker without notice in any of the following cases:

• If the worker adopts a false identity or nationality or submits forged certificates or documents;
• If the worker is engaged on probation and is dismissed during the probationary or on its expiry;
• If the worker makes a mistake resulting in substantial material loss for the employer, on condition that the latter notifies the labour department of the incident within 48 hours of his becoming aware if its occurrence;
• If the worker disobeys instructions respecting industrial safety or the safety of the workplace, on condition that such instructions are in writing and have been posted up at a conspicuous place and, in the case of an illiterate worker, that he has been acquainted with them orally;
• If the worker does not perform his basic duties under the contract of employment and persists in violating them despite the fact that he has been the subject of a written investigation for this reason and that he has been warned that he will be dismissed if such behaviour continues;
• If the worker reveals any secret of the establishment in which he is employed;
• If the worker is finally sentenced by a competent court for an offence involving honour, honesty or public morals;
• If the worker is found in a state of drunkenness or under the influence of a drug during working hours;
• If while working, the worker assaults the employer, the responsible manager or any of his work mates;
• If the worker absents from his work without a valid reason for more than 20 non-consecutive days, or more than seven.”

Pursuant to the aforesaid provisions of the Labour Law, your employment shall continue to remain suspended till you are acquitted by the court. During this period, you shall not be entitled to any remuneration. However, in the event you are acquitted by the court you shall be entitled to be reinstated into your employment with all your remuneration paid for the period you were suspended from employment.

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Refund of cash deposit

I gave a cash deposit to a rental agent for a property that he advertised. He had promised that if I don’t like the contract, I could get my deposit back. A few days later when I read the contract for the first time, although there was nothing unusual about it, I said I did not like it and I wanted my deposit back. The rental agent did not return the deposit as promised. Is the landlord allowed to keep my deposit or do I lose it?

You have not mentioned whether a receipt was issued by the rental agency against receipt of cash from you. Further, it is also not very clear from your question if the assurance to refund of the cash deposit (in case you do not like the tenancy contract) was made to you verbally or in writing by the rental agency.

However, claims to the refund of your cash deposit will depend upon the evidence that you may provide in order to support your claims which may include:

• The receipt issued by the rental agency upon receipt of cash deposit from you confirms to refund the cash deposit;
• Any correspondence between you and the rental agency which affirms the transaction of the cash deposit paid by you is refundable;
• Any witnesses who may testify in your favour that you had paid the cash-deposit and was promised of its refund in case you do not like the tenancy contract.

You will not have a claim for refund of the cash deposit against the landlord as you paid the cash deposit to the rental agency; not the landlord.

Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder and Managing Partner of Ashish Mehta & Associates, a legal consultancy firm in Dubai. He also practises in India, United Kingdom and Singapore. He has worked with international and commercial legal procedures, providing analysis and counselling on complex legal documents and policies such as commercial transactions, securitisation, real estate acquisitions, financial restructuring for distressed assets, mergers and acquisitions, arbitration and litigation issues. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.