Yousef Al Bahar
Q: My contract is based on
calendar days, with Fridays and Saturdays off. I went on holiday for 30 days
and my leave was ending on a Thursday. I resumed my duty on the following
Sunday as it was the next working day but my employer counted 32 days of leave
instead of 30, including the last Friday and Saturday. Can they legally do
this?
A: Yes, the company has the
right to deduct 32 days but only if they are following article number 65 from
the UAE Labour Law that relates to the regulation of weekly working hours.
However, if the company had clearly scheduled the weekend to be on Fridays and
Saturdays in the contract, then it does not have the right to deduct the extra
two days, according to Articles 70, 75 and 77 of the Labour Law.
Article 70
clearly states that Friday is the weekly day off and if an employee’s services
are urgently needed on this day, the employee must be paid the same amount they
are normally paid for a day’s work, in addition to 50 per cent extra and a lieu
day. Articles 75 and 77 involve annual leave balance and the types of other
leaves that can be taken. If the company has not based its decision to deduct
the two days on Article 65, you have the right to submit a complaint against
then with the Ministry of Labour. But knowing your legal rights now, you can
try first to approach your management and discuss the issue.
Q: I gave a man a Dh10,000
loan and got a post-dated cheque for the amount from him, along with his
signature on the receipt of my loan. One month later his cheque bounced and he
stopped taking my calls, and I didn’t have an address for him to report him to
police. I left the case but then I ran into this person by coincidence a few
months ago. I told him his cheque bounced and I needed my money. He never
denied he owed me and admitted it on WhatsApp and texts but he has still failed
to pay me. I have a copy of the bounced cheque and his thread of messages
promising to pay. Can I file a case against him? Will I get my money back?
A:You can approach the nearest
police station and lodge a bounced cheque report against the man. Provide soft
and hard copies of all the conversations the two of you had on WhatsApp or any
other form of communication. Also provide a copy of the cheque that bounced and
the receipt the man signed. He will be referred to the Court of Misdemeanours
on a charge of issuing a cheque that bounced, which is a crime according to
article 401 from the UAE Penal Code. The man can face prison if he does not
reach a settlement with you.
If you have a question for our
lawyer, please email it to newsdesk@thenational.ae with the subject line
"Know the law".
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