A month ago, I rented six office units in Sharjah. I paid the real estate office all the instalments stipulated in the contract. However, the real estate office has not registered the tenancy contract in the municipality till date. They claim that registration is done at the landlord’s expense if the property is used for residential purposes, but at the tenant’s expense if it is used for commercial purposes. Please clarify if this is the case under the rental law in Sharjah. What action can I take?
Article 3 of law No 2 of 2007, regarding the relationship between landlord and tenant in Sharjah, states that the landlord needs to register the tenancy contract and pay the applicable fees to the municipality within 15 days of the contract being signed. Thus, in the event of a failure to reach an amicable solution with the real estate office in this regard, the questioner shall apply to the executive judge of the Rent Committee to direct the landlord to register the said contract.
Notice period
I have worked in a company for more than five years on an unlimited period contract. Almost a month ago, I resigned and am serving the notice period, which is two months. My employer insists I need to work for another month till they get a replacement. What does the law say on notice period? He also told me that my end-of-service gratuity shall be calculated on the basis of two-thirds of basic salary since I terminated the contract.
Article 137 of Federal Labour Law No 8 of 1980 states: “Where a worker who is bound by a contract of unlimited duration leaves his work of his own accord after continuous service of not less than one year and not more three years’ he shall be entitled to one-third of the severance pay provided for in the preceding article; where the continuous period of service exceeds three years, but does not exceed five years, he shall be entitled to two-third of such severance pay; where the continuous period of service exceeds five years, he shall be entitled to full severance pay.”
As for the notice period of two months, it is in accordance with the labour law as the questioner agreed to it and it is mentioned in the employment contract. Notice period as per the UAE labour law is 30 days only and the parties may not agree to reduce the period of notice, but may agree to increase it.
Therefore, the questioner shall comply with the period stated in the employment contract. Finally, the employee is not entitled to work in a notice period more than what is mentioned in the labour contract. Therefore, the employer has no right to keep the questioner working till a replacement is found.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
