Questions & Answers
Questions & Answers
7 available 7 • View allIs presenting a security cheque to force contract obligations an illegal act?

2
Q: I sold my company to a purchaser and I had bank loans. We signed a contract with two main conditions:
If he terminates me from Job, he will settle my loans immediately.
By June 27, 2017, he will clear my loans or transfer in his name. If he fails to do so, he will give salaries for the delay period.
He had given me one security cheque. When he didn't meet any of the above conditions, I had to deposit the cheque. After the cheque bounced I made a police complaint.
According to his lawyer, I was not supposed to deposit the cheque because it was just a security cheque. Now they are planning to file a case against me.
Please advise what to do, I don't have a job for the whole past year.


Nov 30, 2017
5787
Claiming debt with a cheque from a person who left the UAE
4
Q: Dear Sir.
I had been facing a problem that I lent some money to a colleague in an emergency situation, but now he ran away from Abu Dhabi without any information.
I tried to contact him in his own country, but he is not cooperative. I had collected a blank cheque from him before 4 months for security.
Is it valid to file a case? Because he also cheated other colleagues financially. I need your support.

Jun 8, 2017
3351
What to do if the drawer of a bounced cheque left the UAE?
7
Q: I have a bounced cheque issued by a person who has already left the country and closed his local bank account.
I filed a criminal case with the police some time ago, but there is no result till now.
Can I do something else to get the money?

Feb 21, 2016
12773
Recovering the amount of a bounced cheque from the issuer
1
Q: Someone gave me two cheques for AED 80000 and disappeared with my cash.
I have found that his bank account closed but also he is on run under some fraud investigation in the UAE and in Oman at the moment.
Could you please advise me how to recover my funds from him?

May 8, 2018
932
Transferring end of service benefits to absconding employee
1
Q: Hi,
We have an employee who has taken half a million and fled the country.
We have cancelled his visa (out of the country) and now awaiting his signature on the EOSB calculation to transfer to his bank (as per the salary transfer letter).
The employee has reverted stating that he will not sign it since he wants the EOSB sent to his account back home.
He says he will go for a legal action against the company, in case we transfer the funds and the bank is constantly following up for the funds.
What can we do? Do we have to wait for the consent? Will we be legally challenged in case we transfer the fund to his bank account without his consent?

Jun 5, 2018
1126
How to resign from work and retrieve passport if the visa is in process
0
Q: Hi Sir,
I am M. J. I worked in typing center as a cashier last two months, and there was a problem with cash every day.
So I decided to resign. Now my visa is under process, it is done and my status is changed, I didn't do medical and class.
Now my employer didn't give me the passport. He told me to clear the cash and take my passport. What can I do?
Please help me

Feb 24, 2022
270
Will my company be liable for an employee’s debts from a business they previously owned?




1
Q: Hello,
I am looking to hire a new employee who has debts from a company he previously owned.
Will my company be responsible for his debts, and can his creditors make a claim against my company?





Feb 11, 2025
61
Legal blog
2 available 2 • View allBounced Cheques in the UAE: What You Need to Know in 2024 291
In the UAE, cheque bounce is a very frequent problem faced by people during their span in the country. It is covered under the purview of Commercial Transactions Law, and legal implications/penalties can be financially severe and daunting for more “serious” offenses. Bounced cheque issues may arise in a variety of commercial transactions, including but not limited to, companies’ exchanges, bank loans, property rents or purchases, and individual transactions.
Oct 15, 2024
222141
An Overview of the New UAE Labor Law and Recent Amendments of 2024 233
The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.
Sep 10, 2024
90841
Laws & Regulations
4 available 4 • View allFederal Law No. (3) of 1987 Promulgating the Penal Code 29
This Law promulgates the Federal Penal Code (Criminal Law) of the United Arab Emirates. Crimes and chastisement punishments shall be determined in accordance with the provisions of this Law and other penal codes.
Dec 8, 1987
47923
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148437
Federal Law No. (11) of 1992 Concerning Issuance of the Civil Procedures Code 42
The law promulgates UAE Civil Procedures Code (Civil Procedure Law) which governs civil procedures in the United Arab Emirates, including the prosecution before the courts, litigation and execution.
Feb 24, 1992
75346
Federal Decree Law No. (14) of 2020 Amending Certain Provisions of the Federal Law No. (18) of 1993 Concerning the Commercial Transactions Law 4
The provisions of this Decree by Law amend the Federal Law No. (18) of 1993 by replacing Clause (4) of Article (379) as well as Articles (600), (617), (641), (642), (643), (644), and adding new articles numbered (635) Bis, (641) Bis (1), (641) Bis (2), (641) Bis (3), (641) Bis (4), (643) Bis (1), (643) Bis (2), (644) Bis (1) and (644) Bis (2). The Decree-Law also repeals Articles (401), (402) and (403) of the Federal Law No. (3) of 1987.
Sep 27, 2020
3538

Other answers by
68 68 answers •
View allOptions for dealing with a divorce case while being abroad 0
Is it possible to have a divorce case and leave the country?
Do I have to stay in the UAE if the divorce is still not done?
The procedures are very slow and I cannot be in the UAE in the upcoming months.
What are the options for dealing with the divorce and the court while being abroad?
Jun 29, 2020
1246
Filing bounced cheques cases to force payment 0
What is the jail term for a criminal case of a cheque totalling amount of 1,330,000/-, 9 cheques of AED 40,000/-, 12 cheques of AED 50,000/-, 1 cheque of AED 120,000/- (all on the personal name), & 1 cheque of AED 250,000/- (on the company's name) in Sharjah?
Could we file a civil suit for the same as the person doesn't get released until he pays & clears the cheque amounts?
Are we also eligible to claim the damages & losses?
How much could be claimed for damages?
Please define with your best knowledge.
Thanking you for your kind cooperation.
Jun 8, 2020
513
How to guarantee my right in accrued leave days or payment 0
Dear Sir,
My contract is a fulltime employee for a company in the UAE, and my leave entitlement state 10 weeks work and 2 weeks off.
However, due to the COVID-19, I have been unable to take that leave and have accrued two months leave or 61 days with four flight tickets.
My question is, can my company legally cancel those accrued days at the start of the new year or would they have to pay me for those days?
Jun 4, 2020
569
How to guarantee labour rights before signing the cancellation paper 0
Good morning All,
I was terminated by my company in March 2020 for not signing the unpaid leave document given to me. I was terminated on 23rd March 2020.
Once termination letter was signed, ever since then, I have been chasing my ex-company for releasing the final settlement and each time they come up with a different plan.
The last option they gave was to sign an agreement with them for 6 months plan but are not giving me any guarantee cheques and insist that I sign the cancellation papers. I want to simply take my money and leave the UAE.
They have also directed me to their lawyers now who insist that any agreement signed with the company is not required to be notarized by Dubai Courts and the company is not legally bound to give me any cheques as a guarantee.
The company that I worked for is located in Dubai and is a private organisation.
Jun 4, 2020
515
Following up on a labor case after traveling to the home country 0
After working for my employer for nearly two years on an unlimited contract as a COO of a restaurant company, my employer owes me approx 193000, not including notice period.
I have filed a case with the MOHRE. They have tried to contact the employer who has ignored the calls and is also ignoring me.
I know that I will have to escalate the complaint but, based on experience with the way the employer treats past employees and how he ignores suppliers and landlords, it is fair to assume that he will ignore this as well.
I have little options and I have to leave the country as the apartment rent paid by the company expires mid-July. If I leave, can I maintain the complaint, and what is the likelihood of getting the money owed in this scenario when I travel back to the UK?
Jun 4, 2020
1566
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