Is their a risk in accepting post-dated cheques from the employer for my EOSB?

Dear E.,

Thank you for reaching out with your concerns regarding the settlement of your unpaid gratuity and salaries.

According to the UAE Labour Law, under Article 132, the final settlement of an employee’s dues, including end-of-service gratuity, should be paid within 14 days from the last working day. This stipulation ensures that employees receive their entitlements promptly.

However, if there is an agreement to a different arrangement, such as receiving post-dated cheques (PDCs) from your employer, it is crucial to formalize this in a contract.

While accepting PDCs is a common practice, it does come with certain risks, particularly if the cheques are not honored on their due dates.

To safeguard your interests, any agreement on receiving payment via PDCs should be clearly documented.

This should include the details of the payment plan, like the number and amounts of the cheques, and their respective dates. It's also important to specify the actions to be taken in case of non-payment.

Although receiving PDCs can be a practical solution, having a legally binding agreement is essential to avoid potential future complications.

Considering the legal intricacies of such agreements, professional legal assistance is advisable.

Our firm specializes in employment law and can help you draft an agreement that protects your rights and ensures you receive your dues in a legally compliant and structured manner.

For more detailed assistance and to discuss how we can help you with drafting an agreement or provide any other employment-related legal advice, please contact us by email or call. We are here to offer you the necessary legal support to effectively navigate this situation.

Best regards,

Omar Mosaad

O.S Legal

Dear Client,

Thanks for your question, I hope you are doing well. I will definitely assist you in this matter.

Accepting post-dated cheques (PDCs) for unpaid gratuity and salaries is common in the UAE, but it carries the risk of bounced cheques.

PDCs are legally enforceable, and you can take legal action if a cheque bounces. Assess your employer's financial stability before accepting PDCs and consider alternative payment methods if you have concerns.

For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.

We will definitely be happy to help you.

Thanks & Regards

ABDUL WAHIED

Thank you for reaching out with your inquiry about unpaid gratuity and salaries. I understand the importance of resolving such matters promptly.

Regarding your question about accepting post-dated cheques (PDC) from your employer, it's essential to consider the legal implications.

While accepting PDCs is a common practice, there are potential risks involved if the employer fails to honor the cheques.

In the event of non-payment, you have legal options to seek recourse. The UAE legal system provides protection for employees in cases of non-payment of dues.

Here are some steps you can consider:

Document the Agreement:

Ensure that the agreement to settle your dues with post-dated cheques is properly documented. This includes the amount owed, the number and dates of the cheques, and any other relevant terms.

Communication:

If your employer fails to honor the cheques, initiate communication with them to understand the reasons behind the non-payment. Document all communication for future reference.

Legal Action:

If amicable resolution attempts are unsuccessful, you may need to explore legal avenues. The UAE Labor Law provides mechanisms to address non-payment issues, and you may consider filing a complaint with the relevant authorities.

Legal Representation:

It could be beneficial to seek legal representation to guide you through the process, ensuring your rights are protected and helping you navigate the legal procedures effectively.

I recommend consulting with a legal professional to discuss the specifics of your case. If you would like to discuss this matter further or schedule a consultation, please feel free to reach out to me via WhatsApp or phone.

Best regards,

Suhail Rana

If you want to accept them, you can. And you can present the cheque as well.

If they make any default, you can file a case against them. If you need further clarification, we will arrange a legal consultation session for a charge.

Share your WhatsApp number if you want to go with the services.

Safe or unsafe is unknowable. It may or may not be. It depends on the credibility or deceit of the company.

In any case, if the first check bounces, you have the right to file a lawsuit in court.