I live in Dubai and own a property which has been rented out. The tenancy contract mentions that the landlord has the right to cut the electricity supply if the tenant’s rent cheque bounces. Does the landlord have the right to cut the electricity supply as per this clause which has been agreed on by both parties? What is the procedure to be followed in order to file a rental case for evicting the tenant as his rent cheque has bounced?
According to Clause 25 of Rental Law No. 26 for 2007, a landlord may not cut the electricity supply to the property rented out to a tenant because of the non-payment of the rent even if both parties have agreed that the landlord has the right to do so. Such a clause in the tenancy contract is against the rental law. The questioner shall follow the rental law process to obtain his right. If the questioner decides to file a rent dispute case against the tenant, he shall first serve a 30-day official notice on the tenant about the non-payment of the rent. On the expiry of the notice period, if the tenant has not paid the pending rent by then, the landlord is entitled to file a rental case against the tenant to claim the rent amount. Then, he can also request the court to evict the tenant.
I am a woman living in Dubai. I work in a company registered in a free zone. Our company gives paid maternity leave to expatriate women only after two years of service. I have heard that according to the UAE Labour Law, every working woman is entitled to get paid maternity leave after one year of service. My employer says the UAE Labour Law is not applicable to a free zone company. Could you please confirm whether this is true? Do I have the right to request the court to enforce the UAE Labour Law? In case my company terminates my service when I apply for the maternity leave, will such termination be considered unfair?
Every woman who works in the private sector, regardless of nationality, is entitled to maternity leave as per Article 30 of the UAE Labour Law (Federal Law (8) of 1980), which provides the following: “A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on the condition that she has been in her employee’s service for a continuous period of not less than one year. If she has not completed the said period of service, she shall be entitled to maternity leave with half pay.
“On the expiry of her maternity leave, a woman employee may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work and if the illness is confirmed by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the woman’s work or confinement.
“The leave provided for in the preceding two paragraphs, shall not be deducted from other periods of leave.”
The UAE Labour Law, in this regard, is applicable for all employees working in companies coming under the Ministry of Labour or in free zones.
Finally, in case the employer terminates the questioner’s service for the reason that she has applied for a maternity leave, such termination may be considered arbitrary dismissal by the court concerned.
— Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
Source: Gulf News