Refusal of annual leave for disciplinary reasons
Question: I work for a company based in Dubai. A month ago, I asked my company to give me a month of annual leave, but my employer said that I was not entitled to annual leave due to disciplinary action taken against me in due to a breach of my responsibilities. My question is: under UAE labor law, does the employer have the right to deny annual leave to an employee as part of disciplinary action? Two months ago, my employer withheld part of my salary for the same reason. Please advise.
Reply: In accordance with UAE Federal Law No. 8 of 1980, as amended, the labor law contains clear provisions regarding disciplinary action by employers against their employees. This issue is dealt with in detail in Chapter 6 of the UAE Labor Law, Section No. 102 through Section No. 112.
According to Section 102 of the UAE Labor Law, there are disciplinary rules that an employee should be aware of. However, Article 102 of the Labor Law provides that disciplinary measures may be taken by the employer or his representative in the following forms:
Disciplinary sanctions may be imposed by the employer or his agent on his employees, which may be of the following nature:
Attention, fine, suspension of work with reduced salary for a period not exceeding ten days, forfeiture or postponement of the periodic increase, in establishments where the system of increases is applicable. Termination or postponement of promotion in establishments where the promotion system is present. Dismissal, but reserves the right to end-of-service benefits. Dismissal with forfeiture of all or part of the services, provided that the penalties are not imposed for reasons other than those specifically provided for in article 120 of this law.
Finally, the employer does not have the right under UAE labor law to force an employee to forgo annual leave as part of disciplinary action against the employee.
Eviction of the tenant
Question: I own a villa in Dubai and it was rented two years ago. The rental agreement will expire in May 2021. The Dubai Municipality was to carry out major maintenance work on the villa, lasting four months. The tenant therefore had to leave the property. My question is: Under Dubai Rental Law, what action am I entitled to take against the tenant if they refuse to vacate the villa?
Reply: I would like to inform the author of the question that according to Law No. 26 of 2007, Article No. 25, the issue of eviction, in paragraph No. 2, states: “ The owner may request the eviction of the tenant at the expiration of the rental agreement in the following circumstances:
A) If the development needs in the emirate require the demolition and reconstruction of the property in accordance with the instructions of the government authorities.
B) If the property requires renovation or full maintenance which cannot be performed while the property is occupied – provided that a technical report certified by the Municipality of Dubai is submitted to this effect.
C) If the landlord wishes to demolish the property for reconstruction or make any modifications that may prevent the tenant from benefiting from the rented property, provided the necessary permits are obtained.
D) If the lessor wishes to recover the property for his personal use or by his next of kin in the first degree.
However, in all of the above-mentioned circumstances, the lessor must notify the tenant of the eviction, stating the reasons, at least 90 days before the expiration date of the rental agreement.