Question: if a lady in service of a company for more than a year, and her employment contract states that she is not entitle for a maternity leave due to any restriction imposed by the company or for the reasons being operation under any of the free Zones area and leu of this the company may state to grant a one month leave to be deducted from the employee annual leave or granting un paid leave is that proper and permitted under the UAE Labour law?
As per UAE Labour law, Federal law no:(8) of 1980, Article No.30, “A female employee can be entitled to maternity depart with full pay for a length of forty five days, together with the duration preceding and the period following her confinement, on condition that she has been in her employer’s carrier for a continuous duration of no less than twelve months. If she has not achieved the aforesaid period of service, she will be entitled to maternity depart with half pay. On the expiry of her maternity depart a feminine worker can be absent from her work without pay maximum period of 100 consecutive or nonconsecutive days if such absence is as a result of an affliction preventing her from resuming her work and if the ailment is confirm with the aid of a clinical certificates issued by means of the medical provider particular via the capable health authority or if the latter authority confirms that the illness became brought about through the ladies’ work of confinement. The depart supplied for in the preceding two paragraphs, shall no longer be deducted from other intervals of go away”.
Therefore the lady is entitled to maternity depart besides the fact that the company is not below the Ministry of Labour, as the legislations applies to all.
Rental dispute;
Question: can a landlord ask the tenant to vacate the premises rented by giving a three months’ notice to the tenant before the contract expired and requesting the tenant to vacate since the landlord is not willing to renew the lease contract for the reason to demolish the property under rent and build a new one. Can the tenant refuse to vacate specially if he has spent money on internal decoration
law No.26 of 2007, Article no.25, paragraph No.2, states: “A landlord may additionally demand eviction of the tenant upon expiry of the tenancy contract in here circumstances; if building necessities within the Emirate require demolition and reconstruction of the property based on executive authorities guidance; if the property requires renovation or comprehensive maintenance which can’t be carried out whereas the tenant is occupying the property, provided that a technical file attested via Dubai Municipality is to be submitted to this effect; if the owner wishes to demolish the property for reconstruction or so as to add new constructions that stay away from tenant from making the most of the leased property, given that indispensable licenses are acquired; if the landlord wishes to recover the property for personal use or through his next variety of first diploma.
Although, in all of the abovementioned 4 circumstances, the landlord need to notify the tenant with factors of eviction at least ninety days just before the expiry date of the tenancy contract.”