Questions & Answers
Questions & Answers
12 available 12 • View allStatement of defence for an accusation of embezzlement
4
Q: Hi Sir,
I have a case in Dubai Courts for the embezzlement of 30500. When I appeared in front of the judge in the 1st hearing, they asked me if I did it or not.
I said I did not, then they said I need to submit my reply in Arabic to defend myself.
What will be the charges from the court if I lose the case and where can I get it translated to Arabic?

Jan 6, 2019
2005
Embezzlement case: possible penalties and safe way to defend it
1
Q: Dear respected lawyers,
A friend of mine, one of the accountants employed in a Company, has admitted to his Company of taking more than 300,000 AED over the past years by adjusting his net salary in the payroll file.
The amount of adjustment is reflected in a hidden row in the payroll file. The payroll files he prepared were still approved by HR and accounting supervisors...etc. because they did not do a detailed review of individual payroll credits.
The Company has now decided to do an investigation excluding him and came up with other amounts they claim he had also taken, but which he has refused.
He is currently trying to negotiate with the Company to give him a chance to pay back the amount which is a valid claim while the Company is still considering whether to file a case in court or not.
If the Company decides to file a case, what is the probable penalty he may face? Length of jail time and fines? While the Company is still considering, what can he do to avoid having the case filed in court?

Aug 27, 2018
2574
Proof of innocence in an embezzlement case
2
Q: My brother in law is in jail for taking AED 12 million from his company and he is in jail (Abu Dhabi, UAE) under remand.
I don't know whether he had taken the money or not, but his employer is saying he had taken it and given him a confession letter. I don't know about the confession they took.
I had not seen him because it happened last week and I am not able to go and meet him as it is very far from my house and also I have no blood relation.
I need to take permit from the prosecution department. I trying to meet him by next week. Kindly advise me what I need to do. Also, advise me on:
1. Suppose the above thing has happened, how many years he needs to be in jail?
2. If it is a false case by the employer, how will we prove his innocence?
3. Will the court give a chance to him to prove he is innocent and how? Please note that he has no advocate.
4. I assume this will be a false case as the employer is saying he started doing so for the last three years. This company had every year annual audit and they did not find.

May 4, 2018
5540
Embezzlement from company and its legal consequences 
7
Q: Dear Madam,
I am S. from India.
I am working in a logistics company taking care of both Sales and Operation. Due to some unforeseen situation, I have used my customer's money which I was supposed to pay the company.
Since it is a huge amount, I couldn't repay fully to my office and started giving AED 5000 every month as the customer paying the company.
Now, our management came to know about that and suspended me. They're asking me to pay the balance full amount of AED 73,900 within 7 days, or else they will go for legal.
What should I do now and I am not in a position to repay such a huge amount. What will happen if they go legally?

Sep 17, 2019
5282
Terminating an employee for poor performance and misappropriation of funds


3
Q: The company's accountant has not been performing his duties professionally and has received several warning letters. He was also not producing any kind of reports despite requests and warnings. His salary was cut several times due to this.
Finally, upon being forced to produce at least some report we found many issues including approving expenses without Management approval, cash missing which he was responsible for, not recording transactions properly... etc.
We want to dismiss him as he made serious problems for the company and we don't want to pay any benefits except for the last salary.
We have filed a complaint to MOHRE based on Article 120 asking for termination and damages, but he also filed a complaint asking for full benefits.
What is the safe procedure for us to close this matter?



Jun 9, 2020
617
How to defend an accusation of embezzlement to get visa cancellation and passport
0
Q: Actually, I want advice about my cancellation.
There is one issue for my company, I took the two project payment (total of AED 8510) without the company's knowledge. I already got a termination on Nov 26 and after the notice period, they found this issue.
Then I gave this payment to the company. After that, they're going to sue legally at the police station. Now the company's stand is not to give the passport & visa cancellation.
They have doubt I took more money & someone behind me. I want to know what is the maximum impact in this case. Please advise on what I can do to get my cancellation & passport.

Jan 9, 2021
677
How to defend yourself against a wrongful case of embezzlement?
0
Q: I am working in the finance department of an organization. I mistakenly deposited excess salary into my own account and then later on deposited back again in the company account.
In all this, I have approvals and signatures from every person which clearly shows that it's a mistake and clearly shows that my intentions were not wrong. Now the company terminates me and a legal advisor will file a case on me.
I need your help and support on this matter.

Jun 7, 2021
376
How to claim passport back in a criminal investigation with no charges pressed?
0
Q: My husband works in a semi-government company in Dubai. Due to certain suspicious activities, the company has started an internal audit and found some financial scam against his manager.
Later on, his manager absconded. The company has terminated my husband giving the restructuring as a reason. Though till time there are no charges against my husband, the employer has taken his passport.
The employer is saying as he is the witness and passport is with the company, as soon the police tell him to release the passport he will hand it over to us. He doesn't know how much time the police will take.
It's been 3 months without salary (one-month suspension and 1 and a half month termination).
Now, can the employer put any criminal charges against us after termination if we are going to file a case against him in the labor dept.?
We have no idea whether the employer has done a police complaint or not.
Please note we have already taken a police clearance certificate and went to the police station 2 times and found no criminal charges against him.

Dec 11, 2021
324
اتهام موظف بالاختلاس بعد الاستقالة وتسليم العهدة




2
س: السلام عليكم،
اتهام الموظف بعد تقديم الاستقالة.
هل يحق لجهة العمل مقاضاة موظف بعد استقالته وحصوله على إخلاء الطرف وتسليم ما كان في عهدته لزميل آخر حتى اكتُشف تلاعب بالأرصدة في عهدة الموظف المستقيل؟
حدث ذلك رغم تسليم العهدة بشكل سليم وقت الاستقالة.





+2
Feb 23, 2023
3488
My company terminated me and filed a breach of trust case without giving me EOSB
1
Q: I left the company as they terminated me and signed a notice period in a mutual agreement, so my notice period started on 07 Feb until 07 March 2023.
The cash is short at that time from three ledgers. I was handling other accountants' work as they are on leave so it was mismanaged at that time.
I cleared the short cash on my last day and the remaining is to be settled from my EOSB balance as per management decision.
So after 17 March 2023, they sent me a message also that your settlement is ready. Now after 40 days, they changed their mind and now they don't want to give me my EOSB.
On Friday I filed a complaint to MOHRE regarding my passport and EOSB. We both received a message from MOHRE to settle. On Monday, the company as a reaction launched a breach of trust complaint at the police (Khianat Amanat) against me.
What can I do as Eid is near and my family is here?
I have to go back as I am jobless for 50 days.
Please help, this is the whole story.

Apr 18, 2023
201
Appealing an embezzlement judgment in the UAE, what are my chances?

1
Q: Dear Sir/Madam,
I have a case of embezzlement of funds amounting to 10,000 AED, as claimed by my company.
The first judgment was to pay a fine of 13,517 AED, but I appealed and the final judgment will be on August 22. What will happen to me?
Are they going to change the judgment to imprisonment and deportation?


Aug 15, 2023
183
What to do if my employer claims back an amount I took then returned?

0
Q: Hii
I have been working in a company for more than 1.5 years in sales and there were two transactions from the client that I took into my friend's account, as we usually do sometimes to make a commission from the customer.
But I returned the whole amount to the company which was 64k and I have a receipt of 40k but I paid 24k in cash. Then after 2 months, I resigned from the company for some personal reasons.
I was the performer of the company and they won't let me go then they started investigating me when they knew about these transactions, but they used it against me in the police and court as well.
They did not have any proof or evidence to prove that they hadn't received it, so they took an oath of AED 24k. Now, the court has passed the judgment for 24k and I need to pay now.
There is yet a police case that is in prosecution but I am scared of what can be judgement in that scenario as per your experience.
Kindly revert


Nov 1, 2023
97
Legal blog
1 available 1 • View allAn 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
90960
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
47924
Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
Apr 20, 1980
103652
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
Sep 20, 2021
26566
Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law 0
The provisions of this Federal Decree-Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, known as the "New UAE Penal Code", governs criminal actions in the United Arab Emirates. The New Penal Code repeals the previous UAE Penal Code (Federal Law No. (3) of 1987 Promulgating the Penal Code).
Sep 20, 2021
482

Other answers by
421 421 answers •
View allPayment recovery for delay in the delivery of purchased property 0
Hi,
I need to hire a property lawyer.
I have purchased a property that is still under construction. The handover was supposed to be May 2018 and it has been delayed for over 18 months.
Can you please advise what is the average fee to the lawyer and any upcoming fees?
I would like to either receive compensation for the delay or terminate the SPA and receive what I have paid.
Thanks
Nov 10, 2019
382
Termination of services due to cost-cutting 0
My company terminated my services without any reason except for what they told me that they are cost-cutting.
What are the complete benefits that they have to pay to me beside the gratuity?
I worked there for 3 years.
Nov 10, 2019
959
Court fee for filing civil case of cheque bounce 0
What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?
Nov 8, 2019
4869
Mutual Termination vs Resignation 0
Is it possible to request a mutual termination of the contract from the employer?
My employer recently asked me to submit a resignation. Since it's not legal for him to do this and since I don't mind leaving the company for better opportunities, is it legal for me to request a mutual termination of contract letter?
What are the important things that should be stated in the letter?
Nov 9, 2019
1696
Termination for non-performance and claim for arbitrary dismissal 0
Hi,
I am the GM of a company in the Internet City and the VP Sales MEAA.
My contract has been terminated after 13 years due to some results that did not meet the company expectations.
No process was followed prior to termination. I wish to know if I will have a claim for arbitrary dismissal.
Regards
A. D.
Nov 5, 2019
1091
Get quotes from lawyers
Find the right lawyer for your legal needs.
Submit your request and get multiple
competitive offers from
qualified lawyers.
Popular Q&A
View all Looking for something else?
Ask for advice from a lawyer