Firm cannot force staff to stay in job to collect dues from client

I have worked in a company for two years under a contract for unlimited period. A month ago, I submitted my resignation and presently I am serving the notice period as per my labour contract, which is one month. However, my employer now says I need to work until I make a client clear all the company’s dues. As per the UAE labour law, does the employer have the right to make me work until the client clears the company’s dues? Besides, my employer told me that my endof-service gratuity would be calculated based on one-third of the basic salary since I am the one who submitted the resignation. Is this legal? I would like to clarify to the questioner that Article No 137 of the Federal Labour Law No 8 of 1980 stated the following: “Where a worker who is bound by a contract of unlimited duration leaves his work of his own accord after continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article; where the continuous period of service exceeds three years but does not exceed five years, he shall be entitled to twothird of such severance pay; where the continuous period of service exceeds five years, he shall be entitled to the full severance pay.” Finally as per the UAE labour law, the employer has no right to hold the employee back after he completes the notice period for the reason that he must collect the company’s due from the client as long as the employee is not a personal guarantor to collect such dues.

Declined cheque

I have a cheque for a

large amount issued by someone. I could not submit the cheque to the bank within the stipulated six months’ time since I was outside the country. When I returned and approached the bank concerned, it declined to honour the cheque. I pleaded with the bank to accept the cheque but they rejected it and told me that the only solution was to change the date of the cheque by the cheque owner, which is impossible. The cheque owner does not want to pay the amount. What is the solution in this case? Can I approach the civil court immediately to claim the cheque value without the need for a letter from the bank? Is it true that the civil court judgement will not be as strong as the criminal court judgement and it will take more time? Does the civil court judge have the power to jail the cheque owner in case he refuses to pay the cheque amount?

I would like to clarify to the questioner that he may try to encash the cheque through his bank account. In that case, the bank concerned will respond through the questioner’s bank by rejecting the cheque in writing. Then, the questioner can take the ‘rejected’ bank statement and file a criminal complaint against the cheque owner.

The questioner has the right to file a civil case in the court to claim the cheque value without the need for a letter from the bank. In case of a judgement in favour of the questioner, such judgement might be stronger than the criminal court judgement and the cheque owner will be arrested imprisoned, a travel ban imposed on him and his passport seized till the cheque amount is settled.

Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.