Cheque complaint

I worked for a company for more than two years, and about two months ago, I resigned. The company gave me all my labour dues via a post-dated cheque and so I signed before the Ministry of Labour that I had received all my dues. The cheque given to me by the company towards my labour dues has been returned by the bank without payment due to insufficient funds in the company’s account. I have gone to the company to collect the amount but they are refusing to pay me and have told me to go the labour office to ask for my rights. My question here is; am I entitled to return to the Ministry of Labour to claim my labour dues and to inform them that the cheque was returned without payment?

I would like to clarify to the questioner that he may not return to the Ministry of Labour to claim the value on the basis that the said cheque is towards his labour dues and the questioner agreed to settle his problem with the company in that way, as the questioner signed before the Ministry of Labour that he had received his rights in full from the sponsor and therefore he has no choice but to file criminal complaint against the cheque issuer as well as to file a civil case against the company in the event of non-payment of cheque value before the criminal court.

Unpaid Cheque

I am out of the country for my annual leave and there is a police case filed against me by a bank due to an unpaid cheque and credit card problem. I want to come back to the UAE to settle the issue and reach a settlement with the bank. My question is, what will I face once I arrive in Dubai Airport and what are my options thereafter?

I would like to clarify to the questioner that if he decides to come back to the UAE he will be arrested at the airport as his name is recorded in the system as wanted for the bank case. The questioner will be presented to the police station in Dubai Airport and his statement will be recorded. Then the questioner may ask the police station to release him on bail or he will be referred to the Public Prosecution to settle the matter or refer the case to competent court in case of non-settlement.

Withheld Increment

I have been working for a company for more than three years with a Limited Contract. After two and a half years of employment with the company I got an increment in my salary. This happened six months ago and since that date the company has withheld that increment promising that would be given to me every three months but there was no official letter given in this regard. My contract will expire in March. Do I have the right to ask for the withheld amount? What legal procedures can I seek to enable me to get the withheld amount? Secondly, can I ask my company to pay for unused annual leave since I did not take my annual leave for three years? Is annual leave calculated as per the basic salary mentioned in the labour contract or as per the current salary? I’m planning to leave the company by the end of my contract.

I would like to clarify to the questioner that he may claim all his rights from the company upon the expiry of his contract and in particular his salary arrears, which he should have claimed from the due date. Also, the questioner may claim payment for unused annual leave for a maximum of two years. This will be calculated on the basis of the last salary received by the questioner, not the salary mentioned in the employment contract.

Ask the Law questions are answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants

— Compiled by Bassam Za’za’, Legal and Court Correspondent