“Can my employer withhold my last salary? »

I resigned from my company, but my employer is unwilling to pay me my final settlementeven if it is a small amount — equivalent to about a month’s salary.

My employer wants me to sign the work permit cancellation form, even though I have not received my salary. I refused to sign it.

However, I accidentally signed another document stating that I received my end-of-service benefits. Can this be used against me to avoid paying my final settlement? Or does the work permit cancellation form carry more weight than other documents? AR, Abu Dhabi

Payment of end-of-service gratuity is not optional, and under UAE labor law, all employers are legally obligated to pay what is owed to a departing employee.

The documents or standard letter that employees are asked to sign to have their work permit canceled state that they have already received all the money owed to them.

It’s curious that AR was asked to sign something other than the usual document, but that will depend on the wording.

As I have said before in this column, no one should sign a document to confirm that a payment has been received unless it has actually been paid in full.

Signing a document without having been paid makes it more difficult to claim after the event.

However, all wage payments must go through the official Wages Protection System (WPS), so it should be fairly easy to prove that no payments were made to AR’s bank account.

If the employer fails to pay what is due, AR should file a complaint against the company with the Department of Human Resources and Emiratisation, either by calling 800 60 or using the online chat feature on his website.

I left the UAE after being fired by my company. I had a good job and I had a five-year contract.

Due to the outbreak of the Covid-19 pandemic, I had to leave Dubai quickly. I had a personal loan, which I knew I couldn’t service after being laid off.

Will I be arrested if I transit through Dubai, even if I will not go through immigration? I was told that I might be able to enter the country but not leave it. GS, South Africa

I understand that GS has not continued to make payments on the loan and has defaulted on repayments.

If a person leaves the UAE and continues to make the agreed refunds, there is no problem. However, if more than three payments are missed, the bank is likely to file a police complaint and travel ban against the individual for non-payment of the debt.

Transit is rarely a problem, but there are cases of people experiencing delays in traveling and entering the UAE if a police complaint has been filed against them.

GS must contact the bank to find out if there is a case against him before stealing and agree on a payment plan to start paying off the outstanding debt. The Dubai Police also offers a free financial affairs travel ban verification service, which can be accessed through its website.

My father passed away in the United Arab Emirates in March 2021. His car is still registered in his name and fines have to be paid.

We will inherit the vehicle and register it under one of our names. Do I have to pay the fines? SN, Dubai

If a car owner was fined but died, the fines can be waived, according to the General Traffic Department, which falls under Dubai Police.

However, special conditions apply: the fines must have been incurred by the deceased person and not by any other person who drove the vehicle. The waiver will only apply to traffic offenses committed prior to the date of death, as shown on a death certificate.

If SN has formal confirmation that she will inherit the vehicle, she should go to the Dubai Police with the death certificate, proof of identity and vehicle ownership papers. It can request the cancellation of unpaid fines.

The police may need a few days to complete the process of checking and then canceling outstanding fines.

The common practice is that all unpaid fines must be canceled or paid in full for the transfer of ownership to take place.

Keren Bobker is an independent financial advisor and senior partner at Holborn Assets in Dubai, with over 25 years of experience. Contact her at [email protected]. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information purposes only.

Updated: August 28, 2022, 5:00 a.m.