إسأل Lawyer الآن

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

Good day,I just want to ask something important.I...

تم تقييم هذه الإجابة:
Good day,I just want to ask something important.I was hired last november 27,2019 and work as trainee up to december 31,2019. Now i made a mistake, which is i steal a money from my co-worker around 600Dirhams. Now i was caught bybthe CCTV and i do settle it with ng colleague that ill be going back to give the money when our December Salary come i. January 10,2020, now sir the company decided not to continue me and terminate me which is i understand but sir/maam they said to me upon signing the termination letter they said i need to pay also the Visa Processing fee of 4,784.15aed or else they will file a case against me and send me to jail or give me a permanent ban. They tell me i have to pay it or else they will make actions towards me and they force me to write a letter of agreement that i will pay the said amount which i steal and the processing visa amount and they are not giving my passport back unless i settle the said amount but to the amount i steal was being already said to me by manager that it will be deducted to my salary and the victim my coworker where finally okay already and setlled, but the HR said all this things to me. Now sir, i am afraid to file a complain against them cause they said they will send me to jail or else give me a permanent ban. Are they right in doing this to me sir or whats my right here? And can they really send me to jail by this matter? I was worried because i was planning to get my passport cause my visit visa will expired on February 8,2020 which is i want to renew it and look for another job. I hope you can give me some advice or things that i have to do. Thank you so much sir/madam.Sincerely and respectfully yours,Rengie Ybanez
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Dubai
Lawyer's Assistant: Has anything been filed or reported?
No
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
No

إطرح سؤالك

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

We would like to inform you that if you have committed a theft crime and you have been reported and a ruling has been issued against you, then the employer has the right to dismal you according to the Labor Law, the employer may fire the worker without warning, if the worker is finally ruled by the competent court in a crime involving honor, trust or public morals
As for the passport, the employer is not permitted to keep it, since the passport is a personal document whose owner must keep it and show it to the official government agencies upon request, and no party may hold the passport except by judicial order and according to the law.
Holding a passport is considered a crime punishable by law with a fine of up to 20 thousand dirhams, and the employee can file a complaint against the employer at the local labor office and even file a complaint with the police
Article (120) which states that employer may dismiss a worker without notice if and only if the worker:
1. Assumes a false identity or nationality or submits forged certificates or documents.
2. Is engaged on probation and is dismissed during or at the end of the probationary period;
3. Commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labor department of the incident within 48 hours of his becoming aware of its occurrence;
4. Disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
5. Defaults on his basic duties under the contract and fails to redress such default Despite a written interrogation and a warning that he will be dismissed if such default is repeated;
6. Is finally convicted
7. Reveals any confidential information of his employer;
8. Is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
9. Assaults the employer, the manager in charge or any of his workmates during working hours; or
10. Absents himself from work without a valid reason for more than 20 no successive days in one single year, or for more than seven successive days

الرد من العميل

Sir i didnt steal anything from the company. I steal from my coworker, and yet we already being settled and they forgive me that no case will be file against me. And my employer is now threatening me for such things like sending me to jail or give me a ban. And amongst all he said that he will tell to anyone and convince anyone that i steal 6000dirhams and company items which i never did. So now sir, they hold also my salary, passport and there not even given me the copy of my termination letter amd i dnt know whats the reason behind. Is there any possibility that i can counter to my employers wrong accusation and a slander complain against him? Thank you

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

As long as the thing happened between you and your co-worker and no cases were filed against you, so you have the right to complain against the company for holding your salary and passport, which is considered a law violation 
 

الرد من العميل

Thank you so much sir. god bless you. Now you give me relief and confidence to be more strong against the thing there doing to me. Allah bless you and your family. Thank you so much. This really helps me a lot

الرد من العميل

Sir one last question, if ever our case will be send to competent court, and there will be and investigation and in my case i dont have any witnesses yet i only have with me the proof of evidences that he threats for stealing and all my proof is Via Voice Recording, do i have the right to use it as my evidences that my employer has a plan already to destroy my reputation and give me scary threats? Cause i dont have any witnesses that time , for only him and me who talked inside the meeting room. Cctvs are there also but no speaker for sure. Thanks sir

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

If there is already a case that shall be referred to competent court, you will have to hire a lawyer who shall handle your case and define your position within accusations and your posture as a defendant 
 

الرد من العميل

Thank you sir. But lawyer is very expensive in UAE. No one can protect for us expats. Sad... do you know where i can ask for a help for a free lawyer for workers sir?

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Please, kindly be noted that we specialize in providing our clients with legal consultations and have no any dealings with any government or private entity 
 

الرد من العميل

Thank you sir. Thank you so much

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

We are at your service anytime and we are ready to provide legal support and advice all the time and in any field.
 

الرد من العميل

Sir, good day. Sir, i need your advice again. I steal to my coworker yet it was all clear and settle and we have an agreement letter that there will be no any cases that they will file against me.. now, what if sir they change there decision and wants to file a case against me just because my employer and them had a meeting and maybe there is any possibility that my employer asks them to change there decision and said that file a case against me.. what can i do sir? Thank you

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

If your coworker raises a case against you and accuses you of theft, you shall hire a lawyer to review the case and then tell your defense according to your legal position
 

الرد من العميل

Okay sir, sir is it possible to file a complain against my employer who's been accusing me of stealing in the company and giving me some threats that if i fail to pay the visa expenses they will do everything to convince everyone that i steal. And they will file criminal case against me. However i confident because i have an evidence where he give me threats. And if i file a complain what complain should i file against him?thanks for your time sir

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

As long as you don't have any proof of these threats, you can't bring a lawsuit without evidence.
 

الرد من العميل

I have enough proof sir. That this HR officer gives me threats of stealing. I have it with me sir i have it.

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

f there is a proving evidence with you that that HR officer threatened you of it, you can review the police station and open a criminal case against that person and charge him
The Federal Penal Code stipulates that: 
Article 351
Whoever threatens another person, in writing or verbally, to commit a crime against his life or his property, or against the life or property of another person, or to divulge matters which offend the latter's honor with instructions to commit or omit certain acts or with the intention to give such instructions, he shall be punished by imprisonment for a period not exceeding seven years.
Article 352
Whoever threatens another person to commit a crime against his life or property or against the life or property of another person, or to disclose matters which compromise his honor or modesty in cases other than those mentioned in the preceding Article, shall be punished by detention.
Article 353
Whoever threatens by words, deeds or signs, in writing or verbally, or indirectly through another person, in cases other than those mentioned in the two preceding Articles, shall be punished by detention for a period not exceeding one year or by a fine not exceeding ten thousand Dirhams.
 

الرد من العميل

Thank you so much sir. Thank you well answered. Ur the best sir

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

We are always here to serve you
 

إسأل Lawyer

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

  • 100% ضمان الرضا
  • انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود

في الأخبار

أحصل علي إجابات سريعة من الخبراء في أي وقت!

أضف إلى Chrome و أحصل علي إجابة الخبراء مجاني!