Ask the law: “Help, my security check was not returned after I settled my loan in cash”
Question: I took out a loan from someone and checked the loan amount for security. I paid cash two months ago, but the check was not returned to me. The creditor promised to return the check later. However, instead of returning the check, he filed a criminal case against me over the value of the check. What do I have to do to prove that I have cashed the value of the check and that the creditor’s claim to the amount is illegal?
Answer: I would like to make it clear to the questioner that before criminal courts, Article 401 of the Criminal Code reads: “To prison sentences or [subjected] Anyone who draws a check in bad faith without sufficient cover or who withdraws the amount in whole or in part after the check has been handed over, so that the remaining amount is no longer sufficient to cover the check amount, or the drawee to suspend payment, or if so, leads to a fine he deliberately writes or signs the check in such a way that it is not payable. ‘
The standard for writing a check is that it should be backed by a sufficient balance. This means that when the check is presented to the bank for cashing, you must prove that there is sufficient funds in your bank account. Or you may be sentenced to imprisonment or a fine because security checks are treated like regular checks under UAE law, regardless of the purpose of the check. When examining the case, the court can ask anyone to be present and to explain, even if it may have to issue an arrest warrant and force it to appear, it can also order that you summon him for a further hearing, which means that you have the right to Require the plaintiff to be present to testify in court, regardless of whether or not he received the amount of the check.
In addition, you will need to file a lawsuit in a civil court and ask for the check to be returned, and there you will be able to provide any evidence that you paid the amount, such as:
D) eyewitnesses and expertise;
The burden of proof rests on the obligee in establishing his right and on the debtor in rebuttal. Written documents, testimonies, irrefutable presumptions, eyewitness reports are evidence with an expandable effect, while a confession is only binding on the admitting party.
Workers’ rights in the event of workplace injuries
Question: What rights does the worker have under UAE labor law in the event of an accident at work and hospitalization? In such a case, what rights does the employee have with regard to medical expenses, allowances and other rights?
Answer: Federal Law No. 8 of 1980, which regulates employment relationships in the United Arab Emirates (‘Labor Law’), obliges the employer to inform the employee (s) in the event of an accident arising from and during training: to pay compensation for employment. The employer should provide all necessary assistance to the injured worker by bearing all medical expenses resulting from the accident that occurred while on the job. This is in line with Article 144, which says: “If a worker suffers an accident at work, suffers an occupational disease or is unable to work, the employer bears the cost of his or her treatment in a community or public medical facility until he or she recovers. Treatment includes the cost of hospital or sanatorium hospitalization, surgery, expenses for x-rays and medical analysis, the purchase of medicines and rehabilitation equipment, and the supply of artificial limbs and other prosthetic fixtures for any person declared disabled. In addition, the employer bears the transport costs incurred by the employee during the treatment. “
In addition, the employee is entitled to full wages for up to six months, calculated on the basis of the last wages received, and half a month’s wage in full for a further six months or until the employee has recovered. This corresponds to Articles 145 and 146 of the Labor Code. Article 145 states: “If an employee is prevented from doing his job because of an injury, the employer shall pay him a cash allowance equal to his full remuneration for the entire treatment period or for a period of six months, whichever is shorter . If the treatment lasts longer than six months, the benefit will be reduced by half for a further six months or until the employee has fully recovered or until proof of his disability or until the death of the employee – whichever comes first. “Article 146 provides clear: “The cash allowance referred to in the previous article is calculated on the basis of the last earnings received, if the employee is paid monthly, weekly, daily or hourly or, in the case of the number of employees, on the basis of the average daily earnings according to Article 57 of this Contract for employees who are paid according to the number of pieces.
The same is emphasized by the Supreme Court stating: “All of these clauses together mean that the employer is obliged to pay him a financial allowance based on the full wages he received during treatment until he is cured or his incapacity for work is proven. If this period exceeds six months, the allowance due to the employer is reduced to half of the wages owed by the employee and the employer also pays the treatment costs until the recovery of the employee or his incapacity for work is proven, provided that the treatment is those referred to in the text of Article 144 Includes costs that must be proven by a medical certificate from the attending physician.
“After the treatment is over, the attending physician prepares a report in duplicate – one is given to the employee and the other to the employer. This report includes the type, cause, date of occurrence of the injury and the extent to which the injury was work-related, the duration of treatment, whether the injury resulted in permanent or partial disability, the degree of disability and the extent to which the disabled employee is able to return to work despite the disability. “