I worked in a company for more than a year through a contract for an unlimited period as a project manager and, due to the delay in my salary payment by the company, I was not able to continue with this company. I submitted my resignation and asked them to give me my rights and my three months’ pending salary but the company does not want to pay my dues as they told me that as per the labour contract I did not complete a year and therefore I did not deserve any dues and they told me that they will ask the Ministry of Labour to impose a one-year ban in case I file a complaint before the ministry of labour. My questions here are: 1. In case I file a complaint before the Ministry of Labour to claim my rights, how shall the period of service be calculated, and will it be in accordance with the employment contract or the actual period of service which the employee worked? In my case my actual working period is more than thirteen months, which is more than a year. 2. Will the ministry impose a one-year ban in this case? 3. As per the labour law is the allowance payment for house rent calculated as a basic salary? 4. In my case if the labour ministry refers my case to the competent court is it possible for me to get a temporary work permit from the ministry? I have heard that the Ministry of Labour will not issue a work permit if the employee has not completed one year of service. Please advise.
I would like to advise the questioner that in the event of failure to reach an amicable solution with the company, he may file a complaint before the Ministry of Labour to claim his labour rights and submit to the Ministry of Labour evidence that he had spent more than a year at work. If the said Ministry of Labour is not convinced and calculates the period of service based on what is mentioned in the employment contract, the questioner in this case shall insist on his request and ask the Ministry of Labour to refer the complaint to the competent court to consider the case and before the court he may prove by all methods of proof that his service was for more than a year. Finally, I would like to tell the questioner that the ministry will suspend any measure requested by the sponsor against the questioner till the Court’s judgement is passed. Regarding the house allowance, as per the labour law, house allowance is not a part of the basic salary so it is not calculated as a part of end-of-service rights. Finally, the questioner, after submitting the required document, can ask the ministry to give him a temporary work permit specially as the questioner mentioned in his request that his company was delaying his salary for more than two months. The ministry will issue a proper decision in this regard.
I want to buy a premise in Dubai. I have heard that some real estate offices which work in this field are illegal and have no direct relation with the landlords or developer which caused many problems for buyers. Please advise me clearly on how to make sure that the office where I will buy the premise is legal and how to protect my rights regarding the premises which I buy. If I register the premise ownership in my name officially, what is the competent authority in the ratification of premise ownership? Please provide me with advice.
I would like to advise the questioner before purchasing the premise in Dubai to make sure of the following: 1. To make sure that the real estate office is licensed officially and approved by the Real Estate Regulatory Agency. 2. To make sure that the project has an escrow account in Dubai Real Estate Regulatory Agency.
Finally, as per the Dubai Real Estate Regulatory Agency rules the questioner has the right to register the freehold premises formally with Dubai Real Estate Regulatory Agency.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
