Ask the law: Can I seek compensation if I am fired due to the employer’s inability to obtain a work visa?

To respond: Article (6) of the new UAE Labor Law and the section on Recruitment and Employment of Workers states: 1. It is not permitted to undertake work in the UAE and the employer may not recruit or employ any worker, except after obtaining employment. authorization from the Ministry in accordance with the provisions of this decree-law and its implementing regulations. 2. The regulations implementing this regulation shall specify the terms, conditions, types of work permits and the procedures for granting, renewing and canceling them. 3. It is not permitted to undertake the activity of employment or mediation to recruit or employ workers, except with an authorization from the Ministry, in accordance with the conditions and procedures specified in the regulations implementing this regulation. 4. The employer is prohibited from charging or collecting recruitment and employment fees and expenses from the worker, directly or indirectly. 5. The Minister, in coordination with the relevant state entities, issues the resolutions regulating employment, in which the recruitment and employment of workers are prohibited, as well as the rules thereof. Article 42 of the new labor law stipulates that the employment contract is terminated if the worker does not meet the conditions for renewing the work permit for a reason beyond the control of the employer.

Compensation falls under the civil court and the matter must be taken to the civil court. If it is considered that the employer should not recruit you except after having obtained a work permit from the ministry and that he must be able to know if he can obtain this permit, or if you meet the conditions of such a permit work, but the employer did not comply with this condition and recruited you or asked you to leave your job in your country and join it before obtaining this permit, then you can claim compensation. Moreover, the burden of proving that the employer was unable to obtain the work permit and that this happened for reasons beyond his control rests with the employer himself.

Question: A year ago, I rented my villa to someone. Currently the tenant wishes to vacate the property and return the key. When I went to the villa I found that the interiors were damaged and unsuitable for habitation. Therefore, I refused to receive the key and asked the tenant to pay for the damage, which was estimated by one of the maintenance companies. However, but the tenant refused to pay the damages. Am I entitled to file a claim against the tenant for damage to the villa? Should I lodge a complaint before the civil court or the rental tribunal?

To respond: You have the right to file a claim against the tenant. This case should be brought to the Center for Rental Disputes through a motion, asking the Interim and Urgent Cases Judge to appoint an expert to inspect the property, determine the damages and based on that inspection, you can claim damage to the villa.

Article 19 of the Law Regulating Landlord-Tenant Relations in Dubai defines the obligations of the tenant as follows:

The tenant must pay the rent when due and keep the property as his own. It is also forbidden to carry out modifications, renovations or maintenance work without the authorization of the owner. This shall not breach the tenant’s obligation to perform agreed maintenance or what is customarily done by tenants.

Article 21 stipulates: The tenant is obliged, at the end of the rental contract, to return the property to the owner, in the same condition in which he received it, except for normal wear and tear or for reasons beyond his control. of the tenant. However, in the event of a dispute, the matter will be submitted to the Committee for decision.

The landlord may obtain from the tenant a security deposit to guarantee the maintenance of the property at the end of the tenancy agreement, provided that the landlord reimburses this deposit, or any amount remaining, at the end of the tenancy agreement.