Still an employee during the 30 day notice period
Atty. Barney, I am a Filipino worker here in Dubai. Just recently, I submitted my resignation letter to the HR Department of our company. My employment contract is unlimited hence, the submission of my resignation letter serves also as my 30 day notice. Only 3 days after I submitted my resignation letter, the company issued a warning letter against me on the allegation that I am not performing my work duties during working hours. I was shock since I assumed that when I submitted my resignation letter, I am no longer required to work as an employee of the company and all I need to do is to report to the office for attendance purposes. Kindly enlighten me on this Attorney and am I still required to render work during this notice period? – Vince
During the notice period prior to termination of your employment contract, you are still an employee of the company and your obligation to perform your work duties still remain. Article 118 of the UAE Labour Law states that the contract shall subsist throughout the 30 day notice period and shall terminate only on expiry of that period. The laborer shall be entitled in respect of the notice period to full pay, calculated on the basis of his last wage and shall continue to perform his duties during that period if the employer so requests. The company may still subject you to disciplinary measures if proven that you are not performing your work duties.
Landlord cannot unilaterally increase the rent without notice
Atty. Barney, I am a Filipino working as a Finance Officer in a company based here in Dubai. Our company is providing the accommodation for its employees. We are renting the property for 2 years now. Our current lease contract will expire on 31 August 2017. Last 15 July 2017 we receive a letter from the landlord informing us that in case of renewal, the rental amount shall be increased accordingly. The management sees no justifiable reason for the proposed rental increase. On behalf of our company, I would like to ask if the landlord can increase the rental amount within a short notice period prior to expiration of the lease contract? – Amalia
No, the landlord cannot do that. If he intends to increase the rental amount he should have notified the company (tenant) within a period of ninety (90) days prior to the expiration date of the current lease contract. Based on your narration, the lease contract will expire on 31 August 2017, the letter of your landlord is not within the 90 days required notification period. Article 14 of Law No. 26 of 2007, as amended, states, that unless otherwise agreed by the parties, if either party to the tenancy contract wishes to amend any of its terms in accordance with Article 13 of this law, that party must notify the other party of same no less than ninety (90) days prior to the date on which the tenancy contract expires.