Questions & Answers
Questions & Answers
6 available 6 • View allClaiming security cheque and gratuity held by employer upon resignation
1
Q: I joined a Dubai based company as GM in May 2016 and resigned with a one-month notice from 1-05-17 to 31-05-17.
My boss told me to prepare accounts and clear issues ‘AFTER MY RESIGNATION’ (Used these words specifically in a letter) and took a security cheque (Blank dated) with a letter signed to this effect.
Within 37 days I compiled that data with satisfaction on 7-06-2017, and in the presence of auditors, my boss processed my visa cancellation. My boss advised verbally to collect my gratuity and security cheque later on.
After one month of cancellation, my boss filed a complaint in the Labour Department that I joined his competitors whom I started working with them.
Four months after cancellation, he deposited my security cheque in the bank without my knowledge and it was dishonoured. I filed a complaint in Labour, but the matter was referred to the court.
My boss did not recruit a new GM for the last five months, and things got messed up. Now, he is putting all the blame on me for his mismanagement and I am working in a new company now.
I want my security cheque back with my Gratuity. Please advise.

Nov 1, 2017
1674
Guarantee cheque to release gratuity and the way of claiming it back
1
Q: Hi,
A person had taken AED 150000 loan from a UAE bank. He lost his job and couldn't pay the EMI to the bank on time and his company didn't release his gratuity and demanded surety cheque in order to release his gratuity.
So A took B's cheque as surety for AED 75000. Later A says his case was with the court and he got a clearance letter from the court upon paying some fine and now a becomes a defaulter.
Still, B is receiving calls from the bank since his surety cheque is with the bank.
When A's case is cleared, how can B get back his surety cheque?
How Can B safely come out of this?
Please advise

Oct 22, 2018
2761
Claiming back a security cheque from partner as per agreement

0
Q: I have issued a cheque as a guarantee to a person who has joined my business as a partner. He did not want to join my license but only a partnership agreement to be signed.
The cheque was issued on an agreement that when the partnership agreement is signed on a later date, he will return the cheque. He did not give my cheque back on the day we signed the partnership agreement.
The business went into a loss and shut down but he is threatening me with the cheque. Can I approach Sharjah police in advance to get my cheque back and avoid police case against me?


Nov 11, 2018
3470
The possibility to deposit the security cheque for a small pending loan amount?
2
Q: Hi sir,
I need to know information regarding the below issue:
I have a personal loan of 80k. Out of that, I paid 74k so far. Last few months, I couldn’t pay due to the pandemic situation. Back home, I am supporting them as well using my salary.
I have only 5000 AED pending to pay for the loan, still, from time to time, I pay small amounts like 500AED/1000AED for the loan.
Now, the bank is threatening me to deposit the security deposit cheque for 80k. I requested one week only from them to deposit the rest, but they keep threatening me with it.
Can they deposit it just for the 5k pending amount?

Sep 1, 2021
796
Using an old security cheque against a loan after issuing a new payment plan
2
Q: Dear Sir/Madam,
I have a loan from a bank that has 2 EMIs/payments pending. For that, they have already presented the security cheque (100K) and a case is already filed at Al Barsha police station.
Now they are threatening to drop another cheque for (189K) under the same loan and file a civil case. They are holding all my previous cheques and did not return them while a new payment plan was issued.
Is it right for a bank to drop as many security cheques against one product/loan?

Nov 28, 2021
404
What to do when you give a cheque to a finance house and it changes its name?
0
Q: Assalamu Alaikum Sir,
My name is N. I had given one cheque in the name of a finance house. Now the finance house name is changed to another name.
Can the cheque with the new name company I gave change? Can they use the cheque with the new name that I have given in the old name?
Please reply.
Thanks & regards.
N.

Jan 10, 2022
438
Legal blog
3 available 3 • 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
222663
How to File an Employment Court Case in the UAE 36
An interview-format article covering the topic of filing an employment court case in the UAE. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
May 10, 2021
11309
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
92270
Laws & Regulations
2 available 2 • 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
47952
Federal Law No. (18) of 1993 Issuing the Commercial Transactions Law 19
This Law applies to merchants, as well as to all acts of commerce carried out in the UAE by any person even though he be not a trader. Commercial matters regarding which specific Federal laws are issued shall be subject to the provisions of such laws, and to the provisions hereof which do not contradict with said laws.
Sep 7, 1993
33060

Other answers by
Payment 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
404
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
974
Court fee for filing civil case of cheque bounce 6
What is the total fee for instituting a civil case for a bounced cheque of AED 4 million?
Nov 8, 2019
4889
Mutual Termination vs Resignation 1
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
1720
Termination for non-performance and claim for arbitrary dismissal 2
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
1118
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