An employee can only be terminated without notice in the following circumstances:-
- If the employee adopts a false identity or nationality or if he submits forged documents or certificates.
- If the employee is appointed under a probationary period and dismissal occurred during or at its end.
- If he commits an error causing substantial material loss to the employer provided that the provided the employer informs the Ministry of the incident within 48 hours from having knowledge of the incident.
- If the employee violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at noticeable place and in case the employee is illiterate he has been be informed of the same verbally.
- If he fails to perform his basic duties under the contract of employment and continues to do so them so in spite of a written interrogation and a warning that his service will be terminated if he repeats his misconduct.
- If he divulges any secrets of the establishment where he is employed.
- If he is conclusively convicted by the concerned court of a crime involving honour, honesty and public morals.
- If he is found drunk or under the influence of drug during working hours.
- If during work time he commits an assault on the employer, the manager or any of his co-workers.
- If he absents from work himself without lawful reason for more than twenty intermittent days or for more than seven consecutive day in one year.
Generally there are two type of employment contract;
- Limited Contract cannot be concluded for more than four years, and can be renewed for similar or shorter periods.
- Unlimited Contract shall be concluded for indefinite period of time.
An employee may terminate his employment due to happening of the following:
- If the employer has not fulfilled his obligations towards the employee.
- If the employer assaults the employee.
- Amounts for unutilized leave.
- End of Service benefits, if service period is more than 1 year.
- unpaid salaries
- payment in lieu of notice or compensation for termination of limited contract ( if applicable)
- Repatriation expenses as per employment contract.
The limitation period is one year from the date of dispute commenced. On expiry of one year the dispute will be time barred and cannot be filed before the authorities.
If the employer does not provide a legitimate reason for termination of employment contract, the employer will be held liable for compensation for arbitrary termination which shall be up to three months’ salary.
- Fine (not more than remuneration for five days in one month)
- Suspension from work
- Forfeiture or Delayed promotion.
- Forfeiture or Delayed increment
- Dismissal with or without end of service benefits
An employer shall not be allowed to terminate its employee while on leave, and such termination by the employer shall be considered unlawful and the employer can be held liable for damages.
In Dubai, there is no court fee for registering labor cases by the employee in the court, unless the claim amount is over AED 100,000/- than the normal rate for civil cases applies.
Employees can be required to work on Fridays provided he is compensated with a holiday during the week or paid his basic wage plus an additional 50% of his wage. However, the employee shall not be obligated to work for more than two consecutive Fridays.
1. How can I confirm if my annual rent on renewal of my tenancy contract is in accordance with the permissible limit?
In order to verify the increase in rent, the tenant can access the rental increase calculator by RERA at the DLD website, which shall indicate the permissible increase in the rent upon renewal of the Tenancy Contract.
- Personal use of the property by the landlord or by his first degree relatives;
- For the purpose of sale of the property;
- Demolition of the property for reconstruction;
- Comprehensive restoration or maintenance of the property
The landlord is mandatorily required to serve a 12 month notice to the tenant by notary public or registered post in order for the notice of eviction to be lawful.
The filing fee is AED 3.5% of the annual rent with the minimum of AED 500 and the maximum of AED 20,000.
An appeal can only be filed if the annual rent for the subject premises is over AED 100,000
All tenancy contract must be registered in the Ejari system with RERA for the purpose of legalizing the Tenancy contract and for practical purposes such as renewal of visa, filing rent cases etc. although, there are no penalties for non-registration.
The landlord must notify the tenant of the increase in rent within the time period prescribed within the Tenancy Contract. If the Tenancy contract is silent on such terms, the landlord must notify the tenant 90 days prior to expiry date.
8. What if the landlord refuses to accept the rent checks due to dispute in the renewal of rent terms?
If the landlord refuses to accept the checks, the tenant can deposit the checks with RERA and notify the landlord about the same.
Where the tenant sublets the premises or any part thereof without prior approval of the landlord, the landlord will be within his rights to evict both the tenant and the Sub-tenant.
The leasing of all commercial and residential premises situated within the DIFC is governed by DIFC Tenancy Laws.
The wife will discontinue to be on the visa of her Husband, however she does not necessarily have to return to her home country, she can continue to reside in UAE by obtaining a work visa or investor visa.
Either parent can apply for a travel ban on the child/children to prevent the other one from leaving the country with the children; however obtaining the removal of the travel ban is easier for the father than it is for the mother.
If the parents/couples can reach to a settlement, the divorce procedure can take approximately three months, however in the event of disagreement the divorce procedure can take over a year.
Under the UAE laws, the mother gets the custody for a boy till the age of 11 years and for the girl till the age of 13. Following this the custody should be returned to the legal guardian, the father, (on filing a claim) unless if the court decides that it is in the best interest of the children to remain with the mother for an extended period.
- Custody of children
- Financial support for herself and children regardless of her standing and income
- Any unpaid maintenance or expenses for herself and children till three years back.
Under UAE law, on divorce, both husband and wife, shall retain their rights over their Assets and financial resources.
Prenuptial agreements cannot be enforceable in UAE if the provisions of the agreement conflicts with sharia or the laws of UAE.
The UAE courts do not recognize the marriage between a Muslim woman and a Non – Muslim man and hence the parties will be unable to approach the court to enforce their rights in the marriage or divorce.
The husband cannot be held liable to support non biological children on divorce even if he supported them during marriage
10. If the husband and wife belong to different countries and are living in UAE, which country's law shall be applied in the divorce proceedings?
The court will apply the laws of country of which the husband is a national at the time marriage is contracted.
If any criminal case lodged against you, you can appoint a legal advisor/Lawyer to negotiate on your behalf the settlement with the bank and to obtain appropriate clearance certificate from the bank which shall be submitted to the appropriate authorities for removal of the Travel Ban.