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Sharjah, UAE

Staying in work accommodation till a judgment of a labor case is issued

My company gave me an early retirement with one month's notice on 5th May 2019 after 20 years. A settlement is not done.

My visa has already expired on 16 of July 2019. Then, I filed a case in Sharjah court, and a judgment came in my favor on 30th October 2019.

I am waiting for the money that the company has to pay. I am staying in company's accommodation. Now, the HR called me today asking me to leave the flat and pay (1000 Dhs./month, starting from June) to the accounting department.

So legally, can I stay in the company's accommodation till I get the money? And as I said, my visa expired so can I stay legally in the UAE till getting my money from the company?

Hussain Lootah & Associates
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5 Nov 2019, 12:01

Dear Questioner,

Thanks for writing to me!

I refer you to the following:

Please note Article No.131, UAE’s Federal Labour Law No. (8) of 1980, which states:

2. A worker who is provided with accommodation by his employer shall vacate it within thirty days from the date of termination of his service.

3. The worker shall not overstay in the accommodation beyond the specified period for any reason, provided, however, that the employer pays the worker the following:

• The expenses specified in paragraph 1 of this Article.

• Severance pay and any other entitlements the employee is bound to pay in accordance with the employment contract, the firm’s policies, or the law.

4. If the worker contests the amount of the expenses and entitlements referred to above, the Labour Department concerned shall urgently determine these expenses and entitlements within a week from notification, and shall promptly inform the worker accordingly.

5. In this case, the thirty-day grace period referred to in paragraph 2 of this Article shall be calculated to run from the date on which the employer deposits the value of the expenses and entitlements, as determined by the Labour Departments concerned, with the Ministry of Labour’s treasury. If the worker does not vacate the accommodation within the said thirty-day period, the Labour Department, with the assistance of the authorities concerned in the Emirate, shall take the necessary administrative measures for eviction.

6. The provisions of this Article shall not prejudice the worker’s right to contest its application before the competent court.

This assumes that the employer has paid all dues, and if not in full, the employee may have the right to remain in accommodation until the dues have been paid.

5 Nov 2019, 12:09

Thank you for your reply!

The employer still does not pay my dues. So till the employer clear my dues, can I stay in the accommodation.

Also as I said, my visa is expired, so legally is there any problem when staying in UAE till my employer clears my dues or the case is closed?

And who will pay the fine as the judgment has already come in my favor before 3 days?

5 Nov 2019, 12:21

You will have to cancel the visa and exit the country within 60 days from the date of judgment; failing which you may face a labor ban.

5 Nov 2019, 12:34

Thanks!

But the judgment is already in my favor.

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