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Dubai, UAE

Salary reduction without the employee's consent and false counterclaim on labour case

Hello.

My husband is a heavy truck driver in a transport company in Dubai, working in that company for the last 4 years. His boss (arbab) suddenly asked them to work on less salary of just AED 2500.

My husband and his other 3-4 colleagues were not willing, so their boss started harassing them. He didn't pay their money, made them sit free at home for many months, neither was he canceling them.

So they took legal help and filed a case against him in the labor court. In turn, that boss filed a criminal case against my husband and his colleagues, a false case that they have made a loss to his company by stealing and selling diesel illegally.

He has got a confession letter signed by them by lying. he told them as papers for attending safety classes. He didn't allow them to see the papers. The papers were in English which they don't understand being not much educated.

He has put a loss claim of approx.1 lakh dhs on each of the 4 persons. What are our chances in this situation?

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Elnaggar & Partners
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20 May 2021, 05:41

High chance, the oral deposition is more effective and approved by the judge than the written one.

He should enlighten the judge that these documents were signed after they took that course you are referring to and he doesn't know about English that much, and he trusted his employer that's why he signed.

23 May 2021, 10:45

Sir.

We had hired a lawyer in January 2021 for our case.

He told us that CID investigation and police reports are very much in our favour. Our lawyer was trying for settlement outside the court, but till now, it's been 5 months. Neither has a settlement happened nor has the lawyer taken the matter to court.

For almost two months we are hearing that the final decision is with the higher police officials who are to meet to decide whether to settle or go to court. But from 2 months, the meeting of higher officials has not taken place.

We are sensing something fishy on part of our lawyer. We feel he is settling with the opposite party for a big amount of money. Thats why he is not willing to take it to court?

Is it valid that police can hold a decision for so long?

24 May 2021, 05:28

No, but you can terminate the POA of the lawyer and assign another one.

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Mohammed Bani Hashem Advocates & Legal Consultants
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20 May 2021, 06:17

Dear Questioner,

Pursuant to the query, do you have any evidence that you went for the class and whether the document was signed after the class?

Also which is your Nationality and what is your educational qualification?

Further, we need to know your matter in detail to give you proper advice. Kindly contact us on the phone.

Thank you.

23 May 2021, 02:17

Hello Sir,

My husband's nationality is Indian and his education is higher secondary i.e. 10+2.

Sir, the safety classes were just an excuse made by arbab to call them to his office. The classes actually never happened.

There was a bundle of papers for each of the 10 drivers. He told me these are papers that you will need to enter dairy premises where they used to deliver fodder for cattle.

He said as a protocol of Covid, those papers are necessary as a safety measure. Among that bundle was that confession letter.

After getting their signs, they were made to sit in a room that they locked from outside, and inside the room were 4 bouncer-type guys who didn't allow them to even talk to each other.

That arbab has terminated many drivers earlier too by putting theft charges on them and gobbled up their money of several months.

In our case, he has not paid 8 months' dues and has made them sit free at home.

23 May 2021, 07:40

Dear Questioner,

Pursuant to the query, you can tell the judge that the sign was taken after they took the class and as he is not well educated and did not understand what's written in the paper and assuming that it's the paper for the class attended. So signed it.

Kindly contact us on the phone.

Thank you.

23 May 2021, 08:37

Sir.

We had hired a lawyer in January 2021 for our case. He told us that CID investigation and police reports are very much in our favor.

Our lawyer was trying for settlement outside the court, but till now, it's been 5 months.

Neither has a settlement happened nor has the lawyer taken the matter to court.

For almost two months we are hearing that the final decision is with the higher police officials who are to meet to decide whether to settle or go to court.

But from 2 months, the meeting of higher officials has not taken place.

We are sensing something fishy on part of our lawyer. We feel he is settling with the opposite party for a big amount of money. That's why he is not willing to take it to court?

Is it valid that police can hold a decision for so long?

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