All matters pertaining to tenancy are regulated in accordance with the provisions of the tenancy contract.
I have a flat registered under my name in Sharjah and wanted to cancel the tenancy contract from outside the country. I left for my home country for an emergency medical treatment and won’t be able to return before my residence visa expires. Please tell me the procedure for the cancellation. Can the watchman of the building or any other person do it on my behalf?
Pursuant to your question, it may be noted that all matters pertaining to tenancy are regulated in accordance with the provisions of the tenancy contract that is executed between the landlord and the tenant.
Further it may be noted that the termination of a tenancy may also be subject to certain other subjects like payment of dues, reimbursement of security deposit, vacating the leased premises and so on.
You may therefore peruse the terms and conditions stated in your tenancy contract so as to understand the specific requirements for termination of tenancy contract. You may also contact your landlord or the concerned agent and discuss the strategy to cancel your tenancy contract.
Further, it may be noted that you may choose to appoint a person residing in the UAE, to act on your behalf and do all such tasks as may be required to be done so as to effect the termination of the tenancy contract. Such appointee may be a watchman of the building or a building supervisor or any other person/acquaintance.
Such appointment may be effected by way of a power of attorney to be issued by you in favour of the concerned person.
The same must be duly notarised and legalised as per the requirements of the UAE and thereafter to be attested by the Ministry of Foreign in the UAE.
Pursuant to such attestation, the power of attorney will have to be translated in Arabic by a legal translator in the UAE and then attested by the Ministry of Justice. Following this, the power of attorney shall empower your attorney to act on your behalf and do the needful in respect of cancellation of the tenancy contract.
Ban ineffective for public sector
I am a registered nurse working for a privately owned and managed entity based in Dubai on a limited two-year contract.
My company strictly imposes labour ban on anyone who leaves their job without completing the employment contract. I hold a master’s degree in nursing and would like to accept a job offer from a government hospital with a salary of Dh15,000. The hospital does not provide labour card but only residence visa, as it does not come under the Ministry of Labour.
Based on your April 20, 2015, Legal View article:
“In accordance with Article 4 of the Ministerial Order No. 1186 of 2010, which states: ‘As an exception to the provision of the Item No. (2) of Article 2 of this Resolution, the Ministry may issue a work permit to an employee without requiring the two-year period in the following cases:
(a) In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than Dh 12,000 at the first professional level, Dh 7,000 at the second professional level and Dh 5,000 at the third professional level…’
2. “In accordance with Article 2 of the Ministerial Order No. 13 of 1991 on ‘The organisation of the transfer of sponsorships of non-national labours the rules governing the same’, which states: ‘Non-national labourers may be allowed to transfer one job to another and hence transfer of their sponsorship if they fall under the following categories:
(b) Doctors, pharmacists and male and female nurses
(c) Agricultural guides
(d) Qualified accountants and account auditors
(e) Qualified administrative officials
(f) Technicians operating on electronic equipment and laboratories
(g) Drivers who are licensed to drive heavy vehicles and buses.’
Based on the foregoing, your prospective employer may apply for lifting the ban based on your professional qualification.'”
Can I use these Articles to lift or prevent my company from ever placing a one-year labour ban on me?
Further to the article published in Khaleej Times on the 20th April, 2015, you have correctly stated the provisions of Article 4 of Ministerial Order No. 1186 of 2010 on “Rules and Conditions of Granting a New Work Permit to an Employee after Termination of the Work Relationship in Order to Move from One Establishment to Another”, in addition to the provision pertaining to Article 2 of the Ministerial Order No. 13 of 1991 on ‘The organisation of the transfer of sponsorships of non-national labours the rules governing the same’.
As such the position of law remains the same with respect to issuance of new work permits for expatriate professionals working in the UAE. Pursuant to the foregoing, since you are a holding a masters’ degree in nursing, and are also being offered a monthly salary of Dh15,000/- from your prospective employer, you may qualify to have an employment ban lifted even if the same gets imposed on you.
Further it is learnt that employment bans issued by the Ministry of Labour may not affect the chances of employment with a government entity. Nevertheless, you may contact the Ministry of Labour, for further clarification in this regard.
Employment bans issued by the Ministry of Labour may not affect the chances of employment with a government entity.