Can my employer deny me annual leave as a disciplinary measure against me?

Can my employer deny me annual leave as a disciplinary measure against me?


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UAE law clearly states that an employer cannot force an employee to forfeit his or her annual leave as a disciplinary action.
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Denial of annual leave on disciplinary ground

Question: I work for a company based in Dubai. One month ago, I requested my company to provide me with one month’s annual leave, but my employer said I was not entitled to annual leave owing to a disciplinary action taken against me due to breach of responsibilities. My question is, according to UAE Labour Law, does the employer have any right to deny an employee annual leave as part of a disciplinary measure? Two months ago, my employer had deducted part of my salary citing the same reason. Please advise.
Answer: According to UAE Federal Law No 8 of 1980, as amended, Labour Law provides clear provisions for disciplinary actions by employers against their employees. This is covered in detail in Chapter 6 of the UAE Labour Law, Article No 102 to Article No 112.

According to Article 102 of the UAE Labour Law, there are disciplinary rules that an employee should be aware of. However, Article 102 of the Labour Law states that disciplinary action may be taken by the employer or their representative in the following forms:

Disciplinary penalties may be imposed by the employer or his or her agent upon its employees, which can be of he following nature:

Warning, a fine, suspension from work with reduced pay for a period not exceeding ten days, forfeiture or deferment of periodic increment, in establishments where the system of increments is applicable. Forfeiture or deferment of promotion in establishments where the system of promotions is present. Dismissal from service, but reserving the right to end-of-service benefits. Dismissal from service together with forfeiture of all or part of the benefits, provided that the penalties shall not be imposed for reasons other than those specifically prescribed in Article No 120 of this law.

Finally, the employer has no right, according to UAE Labour Law, to force an employee to forfeit his or her annual leave as part of a disciplinary action against the employee.

Eviction of tenant

Question: I own a villa in Dubai and it was rented out two years ago. The tenancy contract is due to expire in May 2021. Dubai Municipality needed to carry out an extensive maintenance work at the villa, stretching to four months. So the tenant needed to vacate the property. My question is: According to Dubai Rental Law, what action am I entitled to take against the tenant if he refuses to vacate the villa?

Answer: I would like to advise the questioner that according to Law No 26 of 2007, Article No 25, the issue of eviction, in paragraph No 2, states: ‘Landlord may demand eviction of tenant upon expiry of the tenancy contract under the following circumstances:

A) If development requirements in the emirate necessitate demolition and reconstruction of the property in accordance with instructions from government authorities.

B) If the property requires renovation or comprehensive maintenance that cannot be executed while the property is occupied — provided that a technical report attested by Dubai Municipality is submitted to this effect.

C) If the landlord wishes to demolish the property for reconstruction or make modifications that may prevent the tenant from benefiting from the leased property, provided that necessary licences are obtained.

D) If the landlord wishes to recover the property for his personal use or by his next-of-kin of first degree.

However, in all the above-mentioned circumstances, the landlord must notify the tenant about the eviction, citing the reasons, not less than 90 days prior to the expiry date of tenancy contract.”



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Original news source Credit: gulfnews.com



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