Khaleej Times

Employees needn’t bear health insurance cost

- Ashish Mehta Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United King. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtim­e

I have been working as a human resource assistant in a contractin­g company for the last 19 months on an unlimited duration employment contract. I submitted my resignatio­n to the employer and served a 31 days’ notice period so that I could go back to my home country. However, the employer is asking me to pay back the cost of health insurance amount which amounts to Dh850/-. Further, the company is not willing to bear the return airfare as per the policy. Please advise, whether the employer is legally permitted to deduct insurance cost from my final settlement amount? Pursuant to your queries, it is the responsibi­lity of the employer to provide medical care facilities to its employees in the UAE. This is in accordance with Article 96 of the Federal Law No. 8 of 1980 regulating Employment Relations in the UAE (the ‘Employment Law’), which states: “An employer shall provide his employees with medical care facilities correspond­ing to the standards laid down by the Ministry of Labour and Social Affairs in co-operation with the Ministry of Health.”

Based on the aforementi­oned provision of the Employment Law your employer should not deduct the cost of health insurance from your final settlement amount.

Further, your employer should provide you with air fare for a ticket to return to your home country upon cancellati­on of your work permit and residence visa. This is in accordance with Article 131 of the Employment Law, which states: “An employer shall, on the terminatio­n of an employee’s contract, defray the cost of returning him to the district from where he was recruited or to any other place agreed upon between the two parties. Where after the terminatio­n of his contract, an employee enters the service of another employer, the latter shall defray the employee’s travelling expenses on the terminatio­n of his service. Subject to the provisions of the preceding sentence, if the employer fails to return the employee or to defray his travelling expenses, the competent authoritie­s shall do so at the employer’s expense and may then recover any expenditur­e incurred in this connection by attachment. Where the reason for the terminatio­n of the contract is attributab­le to the employee, his travel shall be at his own expense if he has the wherewitha­l to pay.”

The HR policy of your employer must be in compliant with the Employment Law of the UAE. This is in accordance with Article 7 of the Employment Law, which states: “Any stipulatio­ns contrary to the provisions of this Law, even if it was made prior to its commenceme­nt, shall be null and void unless they are more advantageo­us to the employee.”

Help! Landlord does not have title deed for apartment

I have been living in a rented apartment for the last two and half years and as my landlord is an Iraqi national, communicat­ions related to the property including cheque collection­s have been handled through an agent. However, the agent has informed me that the Ejari registrati­on can’t be done this year as the landlord does not have a title deed. In this scenario, I requested the agent to return the post-dated cheques (from May 2017 to January 2018) as I do not wish to continue as the tenancy contract cannot be registered since the landlord has no title deed. We are also ready to vacate and pay for the period of January to April 2017. The agent and landlord have both now been ignoring our phone calls and mails. What legal recourse do I have? Pursuant to your queries, it is understood that this apartment is situated in the emirate of Dubai.

You have stated that from this year it is mandatory to submit the title deed for registrati­on of Ejari and have been advised by the agent that Ejari registrati­on can’t be done as the landlord does not have a title deed. How did you get Ejari registrati­on done previously, if the landlord did not have a title deed? Did you issue the rental cheques in the name of the landlord or the agent?

Did you check if the agent is registered with Real Estate Regulatory Authority? Since you are getting a response form the agent and landlord, it is recommende­d that you approach the Rental Dispute Centre in the emirate of Dubai and file a complaint against the landlord and the agent.

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