DUBAI // The appeal court overturned the conviction against a man who was sentenced to a year in jail for trying to rape an Italian jobseeker after pretending he wanted to hire her.
In May, Dubai Criminal Court convicted the Indian sales representative, 41, of attempted rape – an offence he denied.
The 29-year-old woman was on a visit visa to Dubai when she started looking for a job and was offered one by the salesman.
The two met at the Marriott hotel on August 2 last year to sign the contract. After getting into his room and signing the papers, the salesman allegedly took his victim by surprise and attacked her before she managed to push him off and ran out of the room.
She reported the incident to the police the next day.
An Emirati officer, 27, checked CCTV footage which showed the two going into the man’s hotel room and in less than an hour the woman was seen running from the room in tears.
The forensics report stated that the woman had suffered minor bruises that could have been a result of the incident.
The sales representative was then sentenced to a year to be followed by deportation but he appealed and his sentence was at Dubai Court of Appeal.
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What the law says
Micro-retirement is not a recognised concept or employment status under Federal Decree Law No. 33 of 2021 on the Regulation of Labour Relations (as amended) (UAE Labour Law). As such, it reflects a voluntary work-life balance practice, rather than a recognised legal employment category, according to Dilini Loku, senior associate for law firm Gateley Middle East.
“Some companies may offer formal sabbatical policies or career break programmes; however, beyond such arrangements, there is no automatic right or statutory entitlement to extended breaks,” she explains.
“Any leave taken beyond statutory entitlements, such as annual leave, is typically regarded as unpaid leave in accordance with Article 33 of the UAE Labour Law. While employees may legally take unpaid leave, such requests are subject to the employer’s discretion and require approval.”
If an employee resigns to pursue micro-retirement, the employment contract is terminated, and the employer is under no legal obligation to rehire the employee in the future unless specific contractual agreements are in place (such as return-to-work arrangements), which are generally uncommon, Ms Loku adds.
