Ask The Law - October 24, 2003

Gulf News file Readers' queries answered by Rashid bin Shabib and Associates Lawyers and Legal Consultants


Follow basic safety rules to avoid cheque frauds

This week's column will attempt to help people combat cheque fraud in business and normal life, as so many people have enquired about the issue.

There is no formula to eliminate the problem, but the following information will help to protect you, and may help you to guard against criminals who try to make payments with fraudulent cheques:

Always remember that you are under no obligation to accept a cheque. Unless you are satisfied that the cheque is genuine, do not accept it. Insist upon cheques being endorsed in your presence and compare the signature with those presented on identification documents. Businesses may rely on cheque guarantee, cheque verification, and collection services to fight cheque fraud.

People in business should establish a cheque acceptance policy which should define forms of identification, information required to accompany cheques, and money limits for cheque writing.

Readers should be certain that the cheque issuer's name, address and phone number are imprinted on the cheques and that they match the information on the ID. Be sure the written and numerical amounts on the cheques correspond. Confirm the customer's identification is valid. Business people should write the cashier's identification number or initials on the cheque, as this information will be needed in the case of a prosecution.

Do not accept second or third-party cheques and avoid cheques submitted by juveniles. In businesses, only a specified group of employees should be permitted to accept cheques.

If the authentication of the cheque is in doubt, have the passer wait while you check with the bank, company, or government agency involved. Keep blank cheques, bank statements, and other records in a safe place.

If a cheque is found to be forged or stolen, delay the person who attempted to submit it and call the police immediately. If the suspect flees, take note of physical characteristics; car licence number as well as the colour and make of the vehicle. Preserve the evidence and be willing to prosecute.


Sponsoring teachers
A Dubai reader asks: I am sponsored by my husband and I work as a teacher for a private school. Can you tell me who legally should pay blood test fees and fees for the labour card? The Ministry of Education says the teacher, while the Labour Law says the school. Please can you clarify who has to pay as this issue effects many teachers. had to pay in the last academic year.

If a female teacher is sponsored by her husband, as in your case, the fees for her residence visa including blood test are to be covered by the teacher. The labour card is the property of the school and it is is responsible for all labour card fees.


Driving licence
Raja Fareed, of Alabama, USA, asks: Someone told me that anyone with a valid US or international driving licence can drive anywhere except the UAE. Is that true? If yes, then why is that so?

If you have a valid US driving licence and you are on a visit visa then you can apply for a temporary licence during your stay. If you are holding a residence visa, you can apply for a UAE driving licence and get the same without further requirements. If you have a valid international licence, you can drive using the same if you're in the UAE on a visit visa.


Visa cancellation
Rajendar Singh asks: I was in UAE from March 1996 to November 1997 at a company in Jebel Ali Free Zone. After I returned to India in November 1997, I did not send my passport to UAE for visa cancellation either. I understand from some friends that my company has labelled me as an absconder. Now I wish to come back to the UAE, so is it possible to apply for a new job visa from another company?

You cannot apply for a new employment visa from another company before cancelling your old visa. Hence, you will not be able to enter the UAE unless you proceed with the cancellation.


Legalising marriage
Bibi Meliani in New York asks: My niece is coming to Abu Dhabi to get married. She is a US citizen and the groom is a Pakistani national. What kind of legal requirements are there? The legal part of the marriage will be held in Abu Dhabi and the celebrations in the US. What are the requirements legalising marriage in the UAE?"

If the groom is a UAE resident, then the marriage can be carried out in the UAE. If the couple are Muslim, then they can get married before the UAE courts. For this marriage the couple will need their passport and the bride will require the consent of her guardian.


Avoiding the ban
Hussain in Dubai asks: I have been working in an engineering consultant's office for six months. Although I am an engineering graduate I am not being used for engineering but instead have been helping with some of my boss's tasks. I would like to know whether I am likely to get a ban if I change company and how I might avoid it?

If you are holding an engineer's visa, you fall under a category of professions who are exempted from the six-month ban. under UAE Labour Law. However, you must complete one full year of service with the current employer.