Dubai Ask the Law questions are replied by lawyer Mohammad Ebrahim Al Shaiba, of Al Shaiba Advocates and Legal Consultants
Cheque Payment
A Dubai questioner asks: Ten months ago, I gave a personal, post-dated cheque to someone against loan taken from him. On the due date of the cheque, I could not pay the cheque amount since I lost my job. I requested him not to complain to the police, promising to pay the money, but he refused and filed a police case. My case was subsequently referred to the criminal court and I was handed a six-month imprisonment. Such judgement was executed and I was released from the jail. Presently, the lender is threating me saying that if I did not pay up the cheque amount, he would approach the Civil Court to claim the cheque amount. My question here is, whether the Civil Court will force me pay the amount? And whether the said court is entitled to put me again in jail if I failed to pay the cheque amount? Please advise
Answer: I would like to clarify to the questioner that if the Civil Court passes a judgement against the loanee to pay the cheque amount, the borrower shall pay the same, otherwise he might be subjected to another imprisonment if he fails to implement the court’s judgement.
Maternity Leave
A female questioner from Dubai asks: I’m working in a company for two years. I’m eight months pregnant and am supposed to take maternity leave, but in my offer letter it is mentioned that I’m not entitled for maternity leave and such leave to be taken from my annual leave. I signed for that and also signed a labour contract attested by the Labour Ministry. My questions here are: 1. As per the signed offer letter, does the company have the right not to give me maternity leave? As per the UAE Labour Law what is my right in this case? What if the company terminated my services due to this reason? Please advise.
Answer: The UAE Labour Law Federal Law No 8 of 1980 article No 30 mentions the following:
A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on condition that she has been in her employer’s service for a continuous period of not less than one year. If she has not completed the previously mentioned period of service, she shall be entitled to maternity leave with half pay.
On the expiry of her maternity leave, a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming work and if the illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority or if the latter authority confirms that the illness was caused by the women’s work or confinement.
The leave provided for cases mentioned in the preceding two paragraphs, shall not be deducted from other periods of leave.
Therefore as per this mentioned article, the questioner is entitled to maternity leave regardless of the offer letter, which she already signed. Such paragraph which mentioned that she is not entitled for maternity leave can be considered as null and against the above-mentioned article and UAE Labour Law.
Finally the employer has no right to terminate the services of the working woman in case she asks for her maternity leave. Otherwise this termination may be consider as an arbitrary dismissal as per the Dubai Supreme Court.
