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Legal Consultations by Abdelaal A Khalil Monday, 25 April 2011 19:04
Question: I work for a government agency. My boss told me that I was suspended from work. But there was no formal letter to confirm this. Does he have the authority to suspend me from work? How can I know about the date of any probe into my case if there was any? What kind of investigation procedures are there in my case?
Answer: The Human Resources Law No. 8/2009, which regulates disciplinary accountability, says the following:
• Employees who violate the duties stipulated in the Human Resources Law No. 8/2009 are subject to disciplinary action. The Chief Executive can suspend an employee referred to investigation as required. Employees, however, will continue to receive their total salaries. The suspension does not exceed 30 days until the Chief Executive of the agency issues a decision in the case. • Disciplinary actions can only be taken after a registered interrogation. Employees have to be given the chance to defend themselves. They can be warned and the salary of three-days can be deducted. Key points in the investigation have to be recorded in the final paper making the decision taken in the case of the employee. • Employees can appeal such decisions at the office of the Chief Executive within 30 days. If the management does not respond to the appeal within 60 days, this means that it has rejected it. • The Legal Affairs Department at any agency is responsible for investigating staff violations at the request of the boss. Investigations have to have a serial number, the date, the time, and the place of the interrogation as well as the name of the people conducting the probe, and the people who write proceeds down. The documents of the probe have to be signed by the writer (s) and the investigator. Employees have to be notified to attend the questioning. If employees refuse to receive investigation notification, the questioning can take place in their absence in the light of the procedures set forth in this law. The investigator’s rank has to be equal to that of the employee investigated at least. This investigator has to write down his/her opinions in a paper and submit it to the Executive Chairman to take a decision as far as the investigation is concerned.
Question: I rented an apartment seven years ago. The contract used to be renewed automatically with an addition to the value of the rent every year. But this addition was never written down in the contract. A short time ago, however, the landlord told me that he would not renew my contract after it terminates. He said he wanted to repair the building. He said he would stop receiving the rent after the end of the contract. Does the landlord have the right to do this? Can I deposit the rent at the Rent Dispute Commission? Should I include the rent raise to the amount of money I will pay?
Answer:
Question: I was suddenly called by police and I was told that I had to pay a fine of 300 riyals based on a previous ruling. How can such be issued without giving me a notice? How can I protest it?
Answer:
According to Criminal Procedure Law No. 23/2004, the Public Prosecutor in misdemeanour, in which the law requires no imprisonment, can issue a ruling without hearing defendants or their defence. The prosecutor just decides fines after reading the investigation documents. However, if he finds the hearing necessary, he notifies the defendant and order a hearing for the case.
The Public Prosecutor can order fines up to 1,000 riyals in criminal offences that do not necessitate jailing.
Defendants can appeal the fines within three days of notification.
According to Lease Law No. 4/2008, landlords are committed to making the necessary maintenance to their properties so that they can be fit for use. They have the right to perform this maintenance to protect their properties even if tenants opposed it. If maintenance hampers use of the properties totally or partially, tenants have the right to demand the annulment of the contract or a decrease in its value. They can even demand a drop of the rent during the period of the maintenance in compensation for the damage that happened to them because of the maintenance.As indicated in Article No. 19 in the Lease Law No. 4/2008, landlords, even before the end of the lease, have the right to ask the Commission to release leased properties if a decision is made to demolish the building by the authority concerned or if leased properties fall apart in a way that jeopardises tenants’ safety.
Based on this, landlords have the legal right to carry out necessary maintenance of their properties. They, however, cannot ask their tenants to evacuate the property unless the a demolition decision was made.
As for the value of the rent that must be deposited at the Rent Dispute Commission in case the landlord refuses to take it, the value must be the same as the last rent regardless of the value written contract.