Dishonored Cheques and related laws in the UAE

Dishonored cheques are a reoccurring problem in U.A.E and there has been a sharp increase in criminal cases and complaints filed with the UAE courts and the courts’ case load has substantially increasing every year

Criminal court: From a criminal court’s perspective, the word ‘security’ on a cheque does not alter its nature as long as it satisfies the formal requirements set out in the law. Article 596 of Law No. 18 of 1993 (Commercial Transactions Law) sets out the mandatory particulars that must be stated on a cheque i.e. an unconditional order to pay a specific sum of money. A security cheque, on the other hand, normally makes payment subject to the fulfillment of a condition. There is a clear difference, then, in the meaning, the criminal court attaches to cheques compared to the civil court.

The criminal court and civil court function separately. When the reciever of a cheque which bounced files a complaint in the police station against the issuer, the case is forwarded to the public prosecution and then to the criminal court. The criminal court may convict the issuer based on evidence provided by the complainant and give him two options - pay the money or go to jail.

It is important to note that the UAE legislator has revised Article 401 of the UAE Penal Code dealing with the issuance of Cheques in bad faith under Law No. 34 of 2005, by adding a clause that stipulates:

“The criminal case shall terminate if payment is made or assignment is established after commission of the offence and before a final ruling is made in respect thereof. If this occurs after the ruling became final, its enforcement will be seized.”

Civil court

However, in case of failure to get cheque amount despite imprisonment, the complainant should present his case to the civil court to claim the money along with documents and evidence to prove it. The civil court could then either demand the issuer to pay or face jail term.

Completed jail term

If a certain person was convicted for a bounced cheque case and has served jail term, he or she stands released after the period. However, if the original complainant files the case again in the civil court, he or she will have to pay the unpaid amount or go back to jail. In case there is no pending or second case once the jail term is completed, the person is free to leave the country after collecting his impounded passport.

Who signed the cheque

In companies or partnership firms, not all partners or stakeholders can be held liable in the event of a cheque being issued without sufficient funds to pay it off. The criminal liability shall be borne by the individual who signed the cheque - whether it be a manager or another partner. Other people's private funds have no bearing on the value of the cheque. Its value shall be realised only through the assets of the company.

However, if the losses or lack of funds, which resulted in the cheque bouncing of the company, are proven to be a result of any kind of fraud by the owners or partners, the case may take a different direction.

Owners or managers abscond

If it is proved that the company, which the complainant has dealt with, does not have enough funds to settle the cheque’s value, he or she can file a criminal case against the manager who signed the cheque, even if he or she has left the country. After a judgement is issued, the questioner may request the concerned authority to include the manager’s name in Interpol’s wanted list.

Mandatory Dubai health insurance deadline getting extension

The Dubai Health Authority has made the decision due to the high influx of customers flocking to insurance companies in the last few days and in consideration to those who were not able to get the insurance in time due to one circumstance or another.

One of the key differences of Dubai's health insurance regime is that employers are not required to provide coverage for the dependents of their employees. ... Failure by employers to provide insurance carries fines of between Dh500 and Dh150,000.

Approved by His Highness Sheikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, Dubai Health Insurance Law No. 11 of 2013 came into effect on 1 January 2014 (Law).  The aim of the Law is to create an integrated health system for Dubai, based on a sustainable financing system that supports the competitiveness of Dubai and protects the rights of all participants.  The Law phases in the requirement for all employers in Dubai to have in place compliant health insurance cover for their employees.  It applies to all participants in the health insurance arena including health service providers, insurance companies, insurance brokers, claims administration companies, employers, sponsors and beneficiaries. 

Whilst the Law came into effect on 1 January 2014, the provision of health insurance cover will only become mandatory for:

•     companies with more than 1,000 employees, from 31 October 2014;
•     companies with 100-999 employees, from 31 July 2015; and
•     companies with less than 100 employees, from 30 June 2016.

The roll out phase also provides that dependents of sponsors, including domestic workers, must also be covered for the basic health coverage by 30 June 2016.

What does this mean for me as an employee based in Dubai?

The Law’s jurisdiction spreads across the entirety of the Emirate, including its development areas and free zones so eventually all of the nearly three million residents of Dubai, nationals and expatriates alike, should be covered.  That said, the minimum cover offered will differ between residents and nationals with the later also having access to additional preventative and therapeutic health services.  The schemes for both nationals and residents will at a minimum cover general practitioner visits, emergency treatments, referrals to specialists as well as surgical, investigative and maternity procedures. 

What are my obligations as an employer?

Employers are required to put in place health cover for their staff that meets the minimum requirements of the Law.  The Law stipulates that employers cannot simply pass on the cost of the cover to their staff and the Dubai Health Authority (DHA) has made clear that it will treat any attempts to do so seriously.  As a means of ensuring cover is put in place and maintained, the renewal of an employee’s visa will be subject to the employee having health insurance in place.  Employers have to provide a basic health coverage with an annual premium anywhere between Dh500-Dh700 and a maximum insurance cover per person per annum of Dh150,000.

One of the key differences of Dubai’s health insurance regime is that employers are not required to provide coverage for the dependents of their employees.  By making family cover compulsory, companies could be biased towards hiring single executives to save costs which could, in turn, shift the balance of Dubai’s demographic make-up away from its current family-orientated focus.  Instead, cover for dependents falls to the sponsor themselves.  So, where a dependent does not receive cover from an employer, it becomes the responsibility of the sponsor to put in place and maintain the required cover.

Failure by employers to provide insurance carries fines of between Dh500 and Dh150,000.  Repeated breaches carry a maximum fine of Dh 500,000.