إسأل Lawyer الآن
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.8%
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إجابة الخبير: Mohye Eldeen Rasheed
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 98%
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that
according to UAE law, the cheques were submitted and stamped with reference and insufficient balance and then submitted to the public prosecution through a criminal complaint, especially that the law is considered a crime to issue a check without balance and to follow the procedures by the public prosecution on the investigation of the source of the check and arrest him and the punishment and his right and obligation to pay its value
Article (401)
Detention or a fine shall be imposed upon anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not to cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed. The same penalty shall apply to any one who endorses a cheque in favor of another or gives him a bearer draft, knowing that there is no sufficient balance to honor the cheque or that it is not drawable. Note that the penalty will be prison for a year.
With attention to the entry into force of the penal order is the replacement of the punishment of imprisonment with a financial fine here the law gave the right to the creditor or the complainant to establish a civil suit and claim the value of indebtedness through a civil lawsuit and does not mean payment of the fine end of the case but the purpose of payment is to exempt you from imprisonment In case the bank has set up a lawsuit, you must apply for installment payments for the accumulated amounts and lose your personal abilities and to pay them in monthly installments. Therefore, in the event of a lawsuit before the court, you can apply for installment payments and payments according to your financial ability to avoid imprisonment.
Note that the payment of the fine on the check does not mean your acquittal, but it is for the owner of the cheque to file a civil suit and claim the value and the fine is a replacement of the imprisonment penalty
An application for installment payment can be submitted to the court, and it is the latter that decides the matter in terms of acceptance or rejection,
But the application can also be submitted to the execution judge, who can accept the request to install the amount of the debt
In a second hand,
Absconding essentially refers to situations where employees don't turn up for work for seven or more consecutive days, or more than twenty non-consecutive days (in one year) without informing the employer (Article 120).
Article 120
An employer may dismiss a worker without notice if and only if the worker:
- Assumes a false identity or nationality or submits forged certificates or
documents.
- Is engaged on probation and is dismissed during or at the end of the
probationary period;
- commits a fault resulting in substantial material loss to the employer,
provided that the latter notifies the labour department of the incident within
48 hours of his becoming aware of its occurrence;
- 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;
- 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;
- is finally convicted by a competent court of a crime against honour, honesty or
public morals
- reveals any confidential information of his employer;
- is found in a state of drunkenness or under the influence of a narcotic drug
during working hours;
- assaults the employer, the manager in charge or any of his workmates during
working hours; or
- absents himself from work without a valid reason for more than 20 non-successive days in one single year, or for more than seven successive days.
Article 128 also states that in limited contract cases, if absconding has been reported by an employer, the employee cannot work in the country for a year from the time of reporting. No employer is allowed to hire or retain this person legally during this period either.
Employers are given three months' time to report absconding cases and if proven MOHRE could impose a one-year labour and/or immigration ban on the employee.
The employee also has a chance to prove he wasn't absconding in such cases.
In the event that the intended question is otherwise, you can kindly ask us in detail and we will respond to it in the shortest time frame.
إسأل Lawyer
Mohye Eldeen Rasheed
Lawyer
الأسئلة المجابة 16156 | نسبة الرضا 97.8%
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