Cheque
A year ago, I issued a cheque to someone, but due to financial problems it was returned unpaid from the bank. I asked the cheque-holder to give me a grace period to raise the money and also paid him 30 per cent of the cheque amount. He rejected my offer and filed a police complaint. The matter went to the criminal court, which sentenced me to one-year imprisonment. Three months ago, I was released. The cheque-holder then approached me for the balance payment of the cheque amount. I told him that I would not pay because I had executed a prison sentence. He told me that he had filed a civil suit to claim the cheque balance amount and would also ask the civil court to grant him compensation for delayed payment. According to him, the civil court may direct me to pay 12 per cent of the amount as compensation. Is he entitled to file a case to claim the cheque amount plus compensation given that the criminal court has punished me for issuing a dud cheque? Is there a possibility of the civil court sending me to jail again in case I do not settle the payment?
The cheque-holder has the right to file a civil case claiming the cheque amount. The civil court will direct the questioner to make the payment together with the legal fees and interest. It might send the questioner to jail again if he fails to pay.
Cashier embezzles funds
I am a manager in a company in Dubai. A month ago, the cashier embezzled funds from the company account. I reported the case to the police and the public prosecution is investigating the employee, whose passport has already been confiscated by police. As per UAE Labour Law, am I as a manager entitled to suspend the employee till the prosecution issues a decision in the case? Can I withhold his salary till the case is over?
Article 112 of Federal Labour Law No 8 of 1980 states: “A worker may be temporarily suspended from work if he is accused of committing a deliberate offence involving assault on a person, or property, or crimes related to honour and honesty, or the offence of unlawful strike. The period of suspension shall run from the date on which the incident is reported to the competent authorities till a decision is made. The worker shall not be entitled to his remuneration in respect of the period of suspension. Where it is decided not to take the worker to court, or the worker is acquitted, he shall be reinstated, he shall be paid his remuneration in full for the period of the suspension if it was maliciously contrived by the employer.”
Unpaid salary
I worked in an establishment for more than five years. Three months ago, my employer sold the establishment. I have not received my salary since. A month ago, I resigned. When I claimed my late salaries from the new owner, he told me that the UAE Labour Law does not oblige him to pay any late salaries to an employee who signed a labour contract with the previous employer. He said that I should claim my rights from the previous employer, who has declined to make the payment. Who is liable to pay my late salaries plus other entitlements?
Article 126 of Federal Labour Law No 8 of 1980 states: “Where a change occurs in the form or legal status of the establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability.”
Questions answered by advocate Mohammad Al Shaiba of Al Shaiba Advocates and Legal Consultants.
