Question:
I have been working in a private company for two years. Two months ago, I filed a labour complaint against my employer to claim my delayed salaries and my labour rights for the end of service before the Ministry of Labour. The employer gave me my rights in the form of a cheque due two weeks ago.
Upon review by the bank, it became clear to me that the cheque did not include the signature of the account holder. Upon review by the Ministry of Labour, they refused to open a new complaint against the employer on the grounds that the work permit was cancelled and asked me to go to court to claim my right.
My question: what is the appropriate action to take against the employer to claim my right and what is the competent court to consider this case? Please advise.
Answer:
To answer this question, I would advise the questioner that:
1. Start with filing a complaint against him in front of the police because he intentionally signs the cheque in a way that prohibits its withdrawing as per Article 675 of the Federal Decree-Law No. 50/2022 Issuing the Commercial Transactions Law which states that (1. Everyone commits either of the following actions shall be sentenced to serve prison for a period of not less than (6) six months and not more than (2) two years and/or pay fine of not less than (10%) of the cheque value, of minimum (5,000) five thousand Dirhams, and shall not exceed the double of value of the cheque:
a. Instructs or requests the drawee, before the drawing date, to dishonour a cheque issued thereby in other than the cases set out in Articles (651) and (656) hereof.
b. Closes the account, withdraws the whole balance therein or knows of closing of the account before the issue of cheque, or before the presentment of cheque to the drawee for drawing, or intentionally causes the freezing thereof.
c. Intentionally executes or signs the cheque in a way that prohibits honouring thereof.
2. In case of recidivism, the penalty shall be doubled.)
In case he did not change the cheque and reconcile in front of the police, the matter will be transferred to the criminal court where you might file a civil case also. In case the criminal court gives him a punishment, it will transfer the civil case to the competent civil court where you can recover the amount of the cheque based on this criminal judgment.
