Compensation claim for salary rollback and unfair dismissal
I have been working in a private company for five years on a commission and salary basis. I recently resigned as my salary was reduced without my consent. Am I legally entitled to seek compensation for unfair dismissal due to salary reduction? Am I entitled to a commission for the past four years?
As per Article 25 of the labour law, “No amount may be deducted or withheld from the worker’s wage except in cases specified by law.” The employee has the right to request for arbitrary dismissal compensation taking into consideration that the court will estimate whether or not the act of the employer is categorised under one of the reasons mentioned in Article 46 regarding illegitimate termination of the worker’s service.
The employer shall pay fair compensation to the worker estimated by the competent court if it is proven that the termination is unlawful according to Clause 1 of Article 25. The amount of compensation shall be defined by taking into account the work type and the amount of damage caused to the worker and his service term.
As a principle, the right to claim is forfeited by limitation after one year passed from the due date of the right and each party is not entitled to claim. But you have the right to request commission for the last year of your work if there is a written agreement between both of you or the commission was a part of your salary and the employer was always giving it.
Eviction of a tenant
■ What are the reasons according to which I, as a landlord, have the right to request the eviction of a tenant? Is the tenant’s act of making additions to the property without the municipality’s permission a reason for eviction?
Article 19 of law No. 26 of 2007 regulating the relationship between landlords and tenants states that the tenant shall not make any changes, renovations or maintenance works without landlord’s permission, and only do so once necessary approvals from competent authorities have been obtained. This shall not violate the tenant’s obligation to execute agreed upon maintenance or that which is ordinarily done by tenants.
Causes to evict the tenant from the real property prior to the expiry of the term of the tenancy as per Article 25 of the above law, are: - (a) where the tenant fails to pay the rent or any part thereof within 30 days after the notice to pay is given to the tenant by the landlord unless otherwise agreed by the parties; b) where the tenant sublets the real property or any part thereof without obtaining the landlord’s approval in writing; c) where the tenant uses the real property or allows others to use it for any illegal purpose or for a purpose which breaches public order or morals; d) where the tenant of commercial real property leaves it unoccupied for no valid reason for 30 consecutive days or 30 non-consecutive days within the same year, unless agreed otherwise by both parties; e) where the tenant makes a change to the real property that renders it unsafe in a manner that makes it impossible to restore the real property to its original state, or damages the real property willfully or through gross negligence, by failing to exercise due diligence, or by allowing others to cause such damage; f) where the tenant uses the real property for a purpose other than that for which the real property was leased, or uses the real property in a manner that violates planning, construction, and use-of-land regulations in force in the emirate; g) where the real property is condemned, provided that the landlord must prove this by a technical report issued by or attested to by Dubai Municipality; h) where the tenant fails to observe any obligation imposed on him by this law or any of the terms of the tenancy contract within 30 days from the date a notice to perform such obligation or term is served upon him by the landlord; or i) where competent government entities require demolition or reconstruction of the real property as per urban development requirements.