The landlord has the right to notify the tenant to vacate the premises
I am the owner of a freehold apartment in International City, Dubai, and the same has been occupied by a tenant. He has lost his job but returned to UAE on a visit visa, and subleased the apartment to his friends. Can I evict him and the subtenants before the completion of contract? The existing tenancy contract expires in mid-March this year. Who should I approach for a solution?

Pursuant to your queries your tenant cannot sublet the rented premises to him to another third party without your prior written approval. The landlord has the right to notify the tenant to vacate the premises in the event of subletting of premises to any other third party. This is in accordance with Article 25(1)(a) of Law No. 33 of 2008 Amending Law No. 26 of 2007 Regulating the Relationship between landlords and tenants in the Emirate of Dubai.

“The landlord may seek eviction of the tenant from the real property prior to the expiry of the term of the tenancy where the tenant sub-lets the real property or any part thereof without obtaining the landlord’s approval in writing. In this case, the eviction will apply to both the tenant and sub-tenant. However, the sub-tenant’s right to claim a compensation from the tenant will be preserved. For the purpose of this Article, the landlord will give notice to the tenant through a notary public or registered post.”

Based on the above provision of law it is recommended that the notice attested by a notary public be served to both the tenants and subtenant(s) to evict the premises with immediate effect. Further you may file a case before the centre for settlement of disputes between landlords and tenants in Dubai.

KNOW THE LAW

Article 25(1)(a) of Law No. 33 of 2008 Amending Law No. 26 of 2007 states: The landlord may seek eviction of the tenant from the real property prior to the expiry of the term of the tenancy where the tenant sublets the real property or any part thereof without obtaining the landlord’s approval in writing.

Nurses exempted from ban

I have been working in a private hospital as a registered nurse for the last seven months, but have now received an offer to work in the government sector. I am employed on unlimited contract of employment with 30 days’ notice period. But my company’s offer letter stipulates 90 days of notice period is required to quit the employment. Which one am I obligated to follow? Is there a chance for a ban from my previous employer? Will they sue me and can interfere with the transfer?

Pursuant to your queries, the notice period mentioned in your employment contract registered with the Ministry of Human Resources and Emiritisation (the ‘Ministry’) supersedes the notice period mentioned in your company’s offer letter. Therefore you may serve 30 days of notice to resign from your employment.

This is in accordance with Article 7 of the Federal Law No. 8 of 1980 regulating employment relations in the UAE (the “Employment Law”) which states, “Any stipulations contrary to the provisions of this Law, even if it was made prior to its commencement, shall be null and void unless they are more advantageous to the employee.”

In the UAE prior to January 2016 the notice period was 30 days in the unlimited contracts. This is in accordance with Article 117(1) of the Employment Law which states, “Both the employer and the employee may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination.”

Subsequently since January 2016 a new Employment Law was enacted under ministerial resolution which allows employer and employee to agree the notice period prior to signing of the employment contract which should not be less than one month or more than three months. This is in accordance with Article 1(II)(2) of the Ministerial Decree No. 765 of 2015 issued by the ministry, which states: “In the case of unlimited (not term-bound) contracts, an employment relation is terminated if one part acts, at any time, to terminate the contract subject to notifying the other party and continuing to honor contractual obligations for the duration of the notice period, which cannot be less than one month and cannot exceed three months.”

Further, there will be no ban on you as you have completed 6 months of employment with your employer. This is in accordance with Article 1(II)(2) of Ministerial Decree 766 of 2015 on rules and conditions for granting a permit to an employee for employment by a new employer issued by the Ministry, which states, “A new work permit may be granted to an employee upon the termination of the said employee’s relation in non-term contracts (unlimited) if one of the parties act to terminate the contract and notifies the other party and continues to honour his/her obligations under the contract for a duration of the notice period which shall be no less than one month and no more than three months, provided the employee has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.”

Further, it should be noted that you are a registered nurse and no employment ban will be applicable to you in the UAE to be employed with another employer. This is in accordance to Article 2 of Ministerial Order No. 13 of 1991 regarding The Organisation of the Transfer of Sponsorships of Non-national Employee the Rules Governing the Same” issued by the Ministry which states, non-national employees may be allowed to transfer one job to another and hence the transfer of their sponsorship from a private firm to another or from a private firm to another or to a government department.

KNOW THE LAW

Article 117(1) of the Employment Law states: “Both the employer and the employee may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination.”

No ban for these catagories of employees

> Engineers

> Doctors, pharmacists, nurses (male and female)

> Agricultural guides

> Qualified accountants and account auditors

> Qualified administrative officials

> Technicians operating on electronic equipment and laboratories

> Drivers of heavy vehicles and buses

You can sue defaulters

I own a trading company in Dubai and have been delivering materials to your customers with an agreement that the proceeds of business which will be paid in 60-90 in advance. Several customers are due to pay their invoices, which is less than Dh10,000/- per person. When more than 35 customers are not paying their dues it amounts to quite significant amount. Can I sue them and approach court as they are refusing to pay?

Pursuant to your queries, we assume that you have a written agreement related to the payments to be made to you by your customers. It is recommended you obtain a post-dated cheque for the outstanding amount from your customers so it is easier and safest mode for recovery of money. However, if your customers are not willing to hand over any cheques and are not willing to pay it is advised you may open a civil suit against them in the Dubai Courts or alternatively you may approach the small claims courts in Dubai International Financial Courts for recovery of money based on the documents which you possess for outstanding dues. Further, for customers who have provided you post-dated cheques in the event of dishonour you may approach the police station having jurisdiction to file a criminal complaint for dishonour of cheques.

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