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?

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?

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.

Q: Dear, I made a 50 percent payment for an embezzlement settlement. Can the employer raise a case against me after receiving the full 100 percent payment? Please note the employer has given me written confirmation of the 50 percent payment which he has received.

Q: Hi Sir, I request your advice on the below topic. I have a civil case judgment against me to pay an amount to my company. I can pay back the amount as per the judgment. But my question is whether I need to wait until my employer files execution on the judgment or I can pay the amount before that. Please advise. I have a job offer in my hand so I need to finish this and join after visa cancellation. I am from Abu Dhabi.

Q: One of our staff stole money from the company. The staff has confessed to the stealing on a letter - signed with a fingerprint. The staff has agreed to deductions in order to cover up the funds taken. Can we do this? Will there be any issue w.r.t. WPS?

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.

Q: Good morning, I would like to know if there is any process to file a case against my employee who has absconded after his vacation and taken a big loan from the company. Thank you!

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.

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.

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).