Cheque Claim
Question 1: A questioner from Dubai asks: One year ago I took a loan from a person and he asked me to issue a cheque equal to that amount (Dh100,000.) Two months ago I reimbursed the amount in cash to the cheque owner in front of my friend and my brother, the cheque owner told me that he would give me the cheque later. But I found later that he had filed a complaint against me before the police claiming the value of the cheque for the amount which I had already paid him. How can I prove before the police and court that I have paid the value of the cheque and the owner of the cheque has no right to ask for the cheque amount. The police called and asked me to come to the police station. I’m wanted by the police and my name is in the police system. The cheque owner is using the cheque for an unfair claim, can I sue him for spoiling my name and give me unnecessary trouble?
Answer 1: The questioner should go to the police station and give his statement that he has already paid the cheque amount and ask the prosecution to refer the case to court. The questioner will be asked to deposit his passport and he will be on bail until the court makes a decision. Finally if the criminal court passes judgement in favour of the questioner and finds the cheque amount has already been paid the questioner can file a complaint against the cheque owner for breach of trust by making a false case.
Contract Extension
Question 2: A questioner from Dubai asks: I have been working in a company for more than two years on a limited contract. My contract expired a month ago and I did not sign a new one with the company, as I am still working with the company. The company is asking me to sign a new employment contract with a limited period for two years, but I refused to sign it as I do not want to continue with the company for another two years I may resign anytime if I find a better offer. But the company refuses this stating that as per the Labour Law; I must sign a contract for a limited period, because my previous one was for a limited period otherwise I will be terminated by the company. What is my legal status as per the UAE Labour Law?
Answer 2: Article 40 of the UAE Labour Law states the following: “Where the two parties continue to perform the contract, without an expressed agreement, after the expiry of its initial period or after the completion of the work agreed upon, the original contract shall be deemed to have been tacitly extended on the same conditions as those already contained therein, other than the condition respecting its duration”. Therefore, such an article does not oblige the questioner to sign a contract for a limited period as per the above mentioned article unless the contract contains a provision to the contrary.
— Compiled by Bassam Za’za’, Legal and Court Correspondent