Host
There’s just so much more to hear. Download our podcast at DubaiI1038.com. It’s Drive Live. We’re joined now by Ali Al-Assad from HPL Yamalova and Plewka. He is our legal expert as ever. Nice to see you, Ali.
Ali Al-Assad
Thank you. Always great to be here.
Host
We’ve got plenty of questions for you today, and not just about real estate, although that seems to dominate at the moment. If you have a legal question, Ali is here to help. Let’s jump straight in with our first caller, Yaku. Yaku, good afternoon!
Yaku
Good afternoon. How are you guys doing?
Host
We’re great, thank you. What’s your question for Ali today?
Yaku
There are two parts to my question. First, I’m nearing the end of my limited contract, which expires on July 31. My company is only willing to pay my salary until July 12, the end of the academic calendar, even though I’ve offered to work until July 31. Second, a few months ago, they amended my contract without informing me, removing my dependents’ entitlement to repatriation tickets. What can I do?
Ali Al-Assad
Let’s address your concerns one by one. For the salary issue, if your contract specifies that it ends on July 31, you’re entitled to full payment until that date, regardless of the academic calendar. Unless there’s a separate agreement indicating otherwise, the company cannot unilaterally decide to stop payment on July 12.
Regarding the repatriation ticket for dependents, the situation depends on your contract’s language. If the entitlement is explicitly included in your employment contract, the company cannot remove it through an internal policy change. Your original contract terms would prevail in this case.
Yaku
My contract does state that my dependents are entitled to repatriation tickets, subject to company policies. They’re arguing that the policy update overrides the original contract.
Ali Al-Assad
The clause tying benefits to company policy can complicate matters. However, if the policy change was introduced after your contract was signed, it cannot retroactively affect your entitlements. I recommend escalating the issue to the Ministry of Labor. If that doesn’t resolve it, you may need to pursue legal action in a labor court.
Host
Thanks for calling in, Yaku. It sounds like you’ve got a strong case to pursue this further. Best of luck!
Host
Next up, we have a listener who texted about electrical faults in their rental property. The real estate agent is unresponsive, and they can’t reach the landlord. Ali, what should they do?
Ali Al-Assad
The first step is to document everything—take photos, save all email correspondence, and keep a record of attempted calls to the agent or landlord. Next, check your tenancy contract to see who is responsible for maintenance. Generally, major maintenance is the landlord’s responsibility, while minor issues may fall to the tenant, depending on the contract terms.
If the landlord remains unresponsive, you can fix the issue yourself, keep the receipts, and deduct the cost from your rent. Just make sure everything is thoroughly documented to avoid disputes later.
Host
And if the landlord continues to avoid communication?
Ali Al-Assad
You can escalate the matter to the Rental Dispute Center at RERA. They can mediate and, if necessary, enforce your rights as a tenant.
Host
Great advice, Ali. If you’re dealing with rental issues, it’s always important to know your rights and follow the proper process. Let’s move on to another question.
Host
Our next question comes from a listener asking, “Can a company put a cap on the amount they’re willing to pay for annual return airfare? My company is capping it at AED 3,000, but airfares to my home country cost more. Is this allowed?”
Ali Al-Assad
The answer depends entirely on your employment contract. If the contract specifies that the company provides airfare without mentioning a cap, then they are obligated to cover the full cost of the ticket to your home country. However, if your contract explicitly states a cap, such as AED 3,000, then that limit is binding.
If the clause is ambiguous or unclear, you may have grounds to negotiate or even raise the matter with the Ministry of Labor. But typically, whatever is explicitly mentioned in the contract is what the parties must adhere to.
Host
So it really comes down to the contract wording. Always review it carefully to understand what’s agreed upon. Here’s another question, this time about public holidays. A listener says:
“I understand public holidays don’t count toward annual leave. But what happens when public holidays fall midweek? For example, this year, Arafat Day and Eid Al-Adha fall on Monday, Tuesday, and Wednesday. If I take Monday and Friday off to extend my break, can my company deduct the three public holidays from my annual leave?”
Ali Al-Assad
Public holidays cannot be deducted from your annual leave. However, it depends on how your leave days are calculated.
If your contract specifies working days for annual leave, public holidays should not be deducted. If it specifies calendar days, then those holidays are counted within the leave period. Based on the example, if you take Monday and Friday off and your contract counts calendar days, the three public holidays may also be counted against your leave, depending on company policy.
Host
So, again, it’s all about the specifics in your contract. Let’s switch gears to tenancy matters. A listener asks:
“How do I formally cancel my tenancy contract? Can I do it via post or email?”
Ali Al-Assad
To cancel your tenancy contract, first check if the contract allows for early termination. If it does, follow the terms, such as providing written notice and paying any applicable penalties. If the contract is silent on early termination, you can only terminate with the landlord’s agreement.
If notice is required, a formal email or a letter delivered via registered post is acceptable, as long as it clearly states your intent to terminate and references the relevant clause in the contract. Always keep a copy of your communication for records.
Host
What if the landlord disputes the termination?
Ali Al-Assad
If you’ve complied with the contract terms, you have the right to terminate. If the landlord refuses to acknowledge the termination, you can file a case with the Rental Dispute Center.
Host
Clear advice, Ali. It’s so important to document everything. Let’s go to the phone lines. Aslam is calling with a question about a tenant who has left the country. Aslam, you’re on the line.
Aslam
Thank you. I rented a commercial property to a tenant, and the contract runs until December. The tenant has already paid rent for the year but left the country three months ago. The property is locked, and I can’t reach the tenant. What can I do?
Ali Al-Assad
Since the tenant has paid rent until December, the property legally remains under their control until the end of the lease term. Even if the unit is locked and unused, you cannot access or re-let the property before the lease expires unless you have their written consent or a court order.
If you’re certain the tenant has no intention of returning, you can file a case with the Rental Dispute Center to request early termination and repossession of the property. However, this process can take time, and since rent is paid, it may be simpler to wait until the lease ends.
Aslam
What if the tenant leaves belongings in the property after the lease ends?
Ali Al-Assad
If that happens, file for eviction and request a court order to access the property. When entering the unit, ensure you have a police officer present to document the process and avoid future disputes over missing items.
Host
Thanks for calling, Aslam. That’s a tricky situation, but Ali’s advice should help you navigate it. We’ll take more questions after the break. Stay tuned!
Host
Welcome back! Ali Al-Assad from Yamalova & Plewka is still with us, answering your legal questions. Ali, we’ve received another tenancy-related question. A listener writes:
“I’ve served my landlord a 60-day notice to vacate and mentioned I might change my mind and renew. If I do decide to renew, how many days before the lease expiry should I let them know?”
Ali Al-Assad
This depends on whether the landlord accepted your notice and its conditions. If the landlord agreed to the disclaimer allowing you to reconsider renewal, then you should inform them at least 30 days before the lease expires.
However, if the landlord hasn’t explicitly accepted your notice or the disclaimer, the law may consider the 60-day notice as final. This would mean you’re obligated to vacate unless both parties mutually agree otherwise. Clear communication with the landlord is key here.
Host
Thanks, Ali. It’s always best to avoid ambiguity in tenancy matters. Here’s another question, this time about employment:
“My labor contract has a clause stating I can’t work for a competitor for a year after resigning. I don’t intend to leave, but if I do, this clause could affect me. What if I join a competitor but take on a different role unrelated to my current job?”
Ali Al-Assad
Non-compete clauses are common in labor contracts, but they are only enforceable if they meet certain conditions. The clause must:
- Be reasonable in scope, geography, and duration.
- Protect legitimate business interests.
- Not unfairly restrict your ability to earn a livelihood.
If you join a competitor in a completely different role that doesn’t overlap with your current job, it’s less likely the clause would hold up in court. Additionally, enforcement requires the employer to file a legal case and prove harm caused by your new employment.
Host
So, while non-compete clauses exist, they’re not always as restrictive as they seem. Thanks for clarifying. Let’s take a question from Mohammed, who’s calling about a credit card issue. Mohammed, you’re on the line.
Mohammed
Hi. I lost my job in 2012 and had credit shield insurance on two credit cards. I submitted all documents, but one bank paid off the balance while the other didn’t. Now, the balance has grown from AED 11,000 to AED 131,000. The bank claims I didn’t submit the required documents, but I’ve tried reaching out. What can I do?
Ali Al-Assad
This situation is unfortunately common. Credit shield insurance is meant to cover the balance if you lose your job, but banks often require extensive documentation and follow-up. Here’s what you can do:
- Gather Evidence: Collect all proof that you submitted the required documents, such as emails, receipts, or correspondence with the bank.
- Negotiate: Speak with the bank’s collections department. Many banks are open to reducing the outstanding amount significantly, especially when such disputes arise.
- File a Complaint: Submit a formal complaint to the UAE Central Bank, detailing your case and including any evidence.
- Legal Action: If negotiation and complaints fail, you may file a case against the bank and the credit shield provider.
If you resolve the issue, ensure the bank provides a clearance letter stating the account is fully settled.
Mohammed
Thank you, Ali. I’ll start with the negotiation and follow up with the Central Bank if needed.
Host
Good luck, Mohammed. Ali, it seems like having thorough documentation is critical in cases like this.
Ali Al-Assad
Absolutely. Always keep a record of any communication with banks or insurers to protect yourself in disputes.
Host
Thanks, Ali. Coming up, we’ll address questions about gratuity and employee disputes. Stay with us!
Host
Welcome back! Ali Al-Assad from Yamalova & Plewka is here to answer your legal questions. Let’s dive into the next one.
A listener writes:
“I recently left my job, and I expected gratuity, but my company said gratuity was included in my salary package as per the employment contract. Is this allowed?”
Ali Al-Assad
This is a common misunderstanding. Employers cannot include gratuity in the monthly salary. Gratuity is a separate end-of-service benefit that accrues throughout your employment and is payable upon resignation or termination, as long as you meet the eligibility criteria.
If the company claims gratuity is included, it may be an attempt to avoid paying it outright. You should review your employment contract carefully. If it states that your package includes gratuity, consult with a legal advisor. You could file a labor complaint with the Ministry of Human Resources and Emiratisation to ensure your rights are protected.
Host
That’s a crucial clarification. Let’s take a live caller now. Jamal is on the line with a question about unpaid wages. Jamal, you’re live.
Jamal
Hi. I worked for a company for two years, and they haven’t paid my final three months’ salary. They promised to settle when I resigned, but it’s been six months, and nothing has been paid. What can I do?
Ali Al-Assad
Unpaid wages are a serious violation under UAE labor law. Here’s what you should do:
- File a Complaint: Visit the Ministry of Human Resources and Emiratisation and file a formal labor complaint. This will initiate a mediation process between you and the employer.
- Escalate to Court: If mediation fails, the case will be referred to the labor court. You won’t have to pay court fees if your salary claim is below AED 100,000.
- Request an Interim Payment: You can request the court to issue an interim order for partial payment while the case is ongoing.
It’s essential to gather all relevant documents, such as your employment contract, payslips, and any communication proving the unpaid wages.
Jamal
Thank you. I’ll start with the ministry and see how it goes.
Host
Best of luck, Jamal. Ali, let’s move to another text question.
“I’ve served my landlord 60 days’ notice to vacate, but I mentioned I might change my mind and renew. If I decide to stay, how many days before the lease expires should I let them know?”
Ali Al-Assad
This depends on whether the landlord has accepted your conditional notice. If the landlord agreed to the possibility of renewal, you should inform them at least 30 days before the lease expires.
However, if the landlord hasn’t explicitly accepted your condition, the law considers the 60-day notice final. To avoid disputes, communicate with your landlord as early as possible and document everything in writing.
Host
Clarity and communication are key, it seems. Let’s take another text:
“My company has put a cap on my annual airfare allowance. Flights to my home country exceed the cap. Can they legally do this?”
Ali Al-Assad
Airfare allowances are not mandatory under UAE labor law, so any such benefit is based on the employment contract. If your contract specifies a capped amount, the company is within its rights to limit the allowance to that amount.
However, if the contract doesn’t mention a cap or if the company unilaterally imposed the cap without revising the contract, you can challenge it by filing a labor complaint.
Host
Thank you, Ali. We’ve got another live caller. Ahmed is on the line with a question about a bounced rental check. Ahmed, you’re live.
Ahmed
Hello. My tenant’s checks have bounced for the last three months. They’re not answering calls or emails. What can I do?
Ali Al-Assad
You have two options:
- File a Police Report: For each bounced check, file a criminal complaint. Depending on the amount, the tenant may face fines or other penalties.
- File an Eviction Case: Send a 30-day legal notice through a notary public, warning the tenant to pay the overdue rent. If they fail to pay, file an eviction case with the Rental Dispute Center.
Once you obtain an eviction order, you can reclaim possession of the property. Always ensure you document all attempts to contact the tenant.
Ahmed
Thank you. I’ll start with the notice and then file a case if needed.
Host
Good luck, Ahmed. Ali, it’s clear that documentation is crucial in all these cases.
Ali Al-Assad
Absolutely. Keeping written records protects your rights in disputes.
Host
We’re nearly out of time, but one last question from the text line:
“I want to cancel my tenancy contract early. My landlord isn’t cooperating. What should I do?”
Ali Al-Assad
Early termination depends on your contract. If there’s an early termination clause, follow the conditions specified, such as providing notice and paying a penalty.
If the contract doesn’t allow early termination, you’ll need the landlord’s agreement or a legal reason, such as uninhabitable conditions. Without such grounds, you may be liable for the full rent until the lease ends.
Host
Thank you, Ali. That’s all we have time for today. If you have more questions, reach out to Yamalova & Plewka or tune in next week for more legal advice.
Ali Al-Assad
Always a pleasure. Thank you.
Host
Thanks for listening to Drive Live Talks Legal. Don’t forget to download the podcast on DubaiI1038.com.
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