Explained: What the labour law says about bonuses; how the amount is calculated, when it is paid
uae4 hours ago
I signed the paper with them on January 2. They are insisting that they will deduct my deposit of Dh2,000 without any reason. An individual I know in the building office told me that he knows the landlord and I signed the notice over one month ago, but the landlord would not accept it. What legal recourse do I have?
It is understood that your rental contract expired on February 4 and you had informed your landlord in writing on January 2 that you are not willing to renew the tenancy contract. Your landlord is refusing to refund your deposit and is claiming that you have not given one-month notice period in accordance with the terms of the tenancy contract regarding non-renewal of tenancy contract.
Based on your question, we assume that the subject rented premises is within the Emirate of Dubai. It is the responsibility of the tenant to inform the landlord in writing at least 90 days prior to expiry date of the tenancy contract stating that he is not willing to renew the tenancy contract. Article 13 and Article 14 of the Law No. 33 of 2008 regarding 'Amending some provisions of Law No. 26 of 2007 Regulating Relationship Between Landlords & Tenants in the Emirate of Dubai' (the "Rental Law") states the provisions regarding renewing a tenancy contract.
Article 13 of the Rental Law states that "For the purpose of renewing tenancy contract, landlord and tenant upon expiry of the tenancy contract may amend any of the contract terms or review the rent whether by increase or decrease. If the parties do not reach an agreement regarding this, the Committee may decide fair rent considering the standards referred to in Article No. 9 of this Law."
Further, Article 14 of the aforementioned Law reads: "If either party of tenancy contract wishes to amend any of its conditions pursuant to Article 13 of this law, then he must notify the same to the other party not less than 90 days prior to expiry date, unless both parties agreed otherwise." Therefore the aforementioned clause may be interpreted, as one party shall notify the other party not less than 90 days prior to expiry date of contract regarding non-renewal of tenancy contract. It is evident that you have complied with one month notice if your contract states so. However you have not provided the landlord 90 days' notice.
In case, the landlord refused to refund the security deposit or accept your notice you may consider to approach Rental Dispute Committee at the Land Department of the Emirate of Dubai. Pursuant to the same, the competent forum at the Land Department may take a final call on the dispute between you and your landlord.
Arbitrary termination
I am working on an unlimited contract as a doctor in a hospital in Abu Dhabi since November 2014. The salaries have been regularly delayed for all the employees ranging from 2-4 months. In the first week of January 2016, I had some argument with the owner related to the salary delay. After that I had to rush to my home country on emergency leave of 11 days (application was approved by the medical director). Once I returned, I joined duty for a day and was supposed to attend a conference for four days in Dubai (leave approved) from the next day. But on the same day of joining, around 9.30pm, the HR department of my hospital shot a mail to me informing "Termination of my services" with one month notice & informed me not to attend office with immediate effect. My offer letter mentions 2 months of notice. My queries are as below -
a) Will the termination be considered legal, as it was sent through mail late in the night when I was off duty and was on approved conference leave from the next day?
b) Will this be considered "Arbitrary Termination"? If so what should be my next steps? What would be the action taken by the legal dept.?
c) Does the offer letter have more weightage than the employment contract if it is in favour of the employee as there are many terms & conditions mentioned in the offer letter which are not there in the employment contract.
Know the law The offer letter signed by you and your employer shall be considered valid by the Ministry of Human Resources & Emiratisation and the Courts of competent jurisdiction only if it is attested and filed with the ministry as of January 01, 2016, all offer letters are to be filed with the ministry. |
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