Can my employer deny me annual leave?
I worked for a private company for five years. My company is likely to experience financial problems soon. Does the UAE Labour Law allow me in this case to ask my employer for my dues now, without submitting my resignation. In other words, am I entitled to receive my dues while I am at the head of my job? Does the employer have the right not to allow me to claim all my leave?
The worker is not entitled to the dues before the end of service. The law doesn’t oblige the employer to give such entitlements during the service but it doesn’t mean that you might not agree mutually to get all or a part of the dues before. It is better for the employee’s admission that he receives his labour entitlements to include those entitlements exclusively and not in an absolute, unidentified manner without specifying any of them.
Regarding annual leave, the law gives the employer the right to divide the annual leave into not more than two periods according to the necessity of work. This is stipulated in Article 76 of the Federal Labour Law, which states that the employer may fix the date of commencement of annual leave and, if necessary, divide such leave into not more than two periods. However, the leave division provision shall not apply to leaves of child workers.
No right to evict tenant
My tenancy contract with the tenant is for two years and going to expire in September 2020. As per the Dubai Rental Law, do I have the right not to renew the tenancy contract and evict the tenant. Please advise.
As per the Law No: 26 of 2007, Article No. 25: Eviction, Paragraph No. 2 states the following:
“Landlord may demand eviction of 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 personal use or by his next of kind of first degree.
However, in all above mentioned four cases, landlord must notify tenant with reasons of eviction at least ninety (90) days prior to expiry date of tenancy contract. Therefore, as per the above mentioned article the questioner has no right to evict the tenant upon expiry of tenancy contract.