Questions & Answers
Questions & Answers
5 available 5 • View allActing against a bounced security cheque given to business partner
1
Q: Hi Sir,
I have been working with a company as a partner on the trade licence and working for them as an employee.
I am not in the company anymore, however, during the business with them I gave a blank cheque as a security for the investment and I gave it based on trust.
Now, he wanted to take personal revenge and deposited my cheque by putting an amount of AED 1 Million on that and the cheque bounced.
I don't know what to do now and I need advise on this, please.

May 20, 2018
1659
Claiming 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
1673
Consequences of a bounced security cheque issued to bail a friend
1
Q: My husband wrote a guarantee cheque for a friend who was in jail. He had a reputable business and my husband assumed upon his release his friend would be able to access his frozen account and make repayments.
The so-called friend ran away and left my husband with a bounced cheque of AED 1048000. There is a big case against his ex-friend from many he has defrauded, it has been in the newspapers and affected many innocent people.
The cheque has obviously bounced and a case has been filed with the police. We never took a penny of this money and have all our statements to prove this.
Unfortunately, the payee doesn't care and wants money regardless, even though he knows the culprit has run away.
1. What is the process?
2. What are our options?
3. Could we get away with a fine?
4. If we present all the people who have been defrauded by this ex-friend to the court and our bank statements as proof, do we have a chance?
5. Will he go to jail and what kind of sentence is likely?

Jul 26, 2018
966
الأمور الواجب الانتباه لها عند أخذ شيك ضمان من المقاول لحساب الاستشاري
1
س: السلام عليكم،
نحن شركة استشارات. مقاول يريد مبالغ من المالك. المالك موافق بشرط شيك ضمان لدى الاستشاري.
ما أهم الأمور الواجب الانتباه لها بالشيك عند أخذ شيك ضمان من المقاول لحساب الاستشاري؟

Dec 15, 2022
204
Is it permissible for employees to sign a bond in order to fulfil their minimal obligations?


0
Q: Is it permissible for employees to sign a bond in order for them to fulfill their minimal obligation to the organization in the UAE?
Please advise.



May 24, 2024
202
Legal blog
2 available 2 • View allWhat Can I Do If I Have a Dispute With My Joint Shareholder? 5
An interview-format article covering the topic of shareholder disputes in the UAE and pre-emptive measure to be considered. This is from the legal podcast of lawyer Ludmila Yamalova, the founder of Lawgical with LYLAW.
Mar 24, 2020
5939
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
92133
Laws & Regulations
6 available 6 • 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
47948
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
148521
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
3550
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
103727
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
Sep 27, 2015
12454
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
26838

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Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 1
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
Sep 16, 2024
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Absent repeatedly due to salary delays. Can the company terminate them without EOSB? 1
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?
Jun 4, 2024
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If staff did not come back from vacation, after how long can we terminate him/her? 3
If staff did not come back from vacation, after how long can we terminate him/her?
May 9, 2024
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I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US? 0
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US?
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How is the probation period calculated exactly from the date of signing the contract? 0
Regarding the probation period, when is the deadline for an employer to terminate me if the DOJ anniversary is Friday 2nd Feb?
Will the six-month period end at midnight on the 1st, therefore completing six months, or can the employer still terminate on the 2nd?
Appreciate any guidance provided.
Jan 26, 2024
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