Dubai: Questions are answered by lawyer Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants

 

Selling property

Question 1: A reader from Dubai asks; my friend lived here in Dubai with his family and is now in his home country to undergo an operation. For his medical expenses he wants to sell the apartment that he owns here in Dubai. He and his family have a valid UAE residence visa. The apartment is without any mortgages. Can he sell the apartment from his home country without him being present here? If yes, what are the documents needed? is it possible that he can send his wife with a registered power of attorney paper to sell on his behalf? Is it possible to do a private — not general — power of attorney only for this matter?

Answer 1: I would like to tell the questioner that his friend may sell the apartment as per the power of attorney being issued to anyone to act on his behalf, as he shall attest such power of attorney from the UAE embassy in his own country, and shall attest the same from the UAE Ministry of Foreign Affairs in Dubai. Private power of attorney can be made for this matter. He only needs to mention the full details of the apartment.

 

Postdated Cheque

Question 2: Questioner from Dubai asks; I have been working in a factory for more than three years. I’m working on a machine that is under my responsibility. A month ago that machine broke down, and after investigation the company held me responsible for the problem due to misuse and I agreed to that charge. My company repaired the machine and I was told to pay the charges which came to Dh20,000, My company asked me to pay the same in four instalments and I issued a post-dated cheque. My salary is only 8,000, I requested my company to deduct Dh2,000 from my salary as it was difficult for me to manage monthly expenses of me and my family with only Dh3,000 balance a month. However my company refused.

My question is, what is the legal percentage the company can deduct from my salary as per UAE labour law?

Answer 2: The UAE labour law Federal Law No. 8 of 1980, article 61 mentions the following:

Where a worker, either through his own fault or in violation of the employers instruction, is guilty of the loss, damage or destruction of tools, machines or products or material owned by the employer or in the latter’s custody, the employer may deduct from the workers remuneration such amount as may be necessary to repair them or to replace them as fully as possible: Provided that the amount so deducted shall not exceed five days remuneration in each month.

The employer may request the competent court through the concerned Labour Department for permission to deduct more than this amount if the worker has capital assets or any other source of income.