Banks can deduct more than half the salary to claim dues

Your pay is not ‘salary’ once it is transferred to bank: Dubai Court

Banks have the right to deduct more than half of an employee's salary to claim dues owed, according to a new principle established Dubai Court of Cassation.

The court explained that the salary or wage of the employee or worker which transferred to the bank will lose its description as "salary" or pay once transferred to the bank.

Therefore, as a result of that the salary or wage will not be subjected to Article No 247 of the Code of Civil Procedure, which does not permit seizure of wages or salaries by half of basic pay.

This principle was issued when the court heard a case brought by an agent of a bank against the bank, where he asked the court to assign an expert to determine the origins of loans granted to him, amounts paid and amounts due.

He said in his lawsuit that the bank refused to give him a copy of loan applications submitted by him, and as well refused to give him a statement on the legal status of those loans.

Also the bank had foreclosed the balance in his account.

The Court of First Instance ruled to dismiss the case, but the plaintiff appealed and the Court of Appeal upheld the appellant ruling.

Once again the plaintiff appealed the verdict before the Court of Cassation which issued the above-mentioned legal principle.

However, the appellant was based on the text of Article 247 of the Code of Civil Procedure, which does not allow banks to deduct more than half of the basic salary.

But the Court of Cassation rejected this reason based on the ruling that employee's salary or wage of the worker loses described as "salary" as soon transferred to the bank.

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Comments

  • TF 29 June 2012 11:34 1 0
    My friends, we all should firmly decide not to provide security cheque to the bank who grants loan against the salary or EOSB or against any underlying security such as mortgage.If the loan is granted against underlying security, then in case of default only the underlying security should be utilsed to settle the loan. If the underlying security does not cover the complete loan outstanding then it's a risk bank has taken for which they charged the customer heavily
  • naimadz 28 June 2012 15:04 2 0
    my bank has blocked part of my final settelemnt amount against remainder of car loan. never knew they have the right to do so, what i would do with car ownership transfereed to me if im out of country. FYI
  • Anon 28 June 2012 13:41 6 0
    I have lost my job and have a personal loan. The company transferred my end of service benefits to the bank and they are taking it ALL toward the loan payment. Is the law that they can only take the gratuity, or also the salary, leave pay, internal savings scheme etc? I have the cost break-up but the bank will not listen or give partial amount back. How can someone live if all their money is taken? Any help or advice would be welcome!
  • UAE Resident 28 June 2012 12:09 4 0
    This is another law in favour of the corporate... how can a bank refuse to provide the copies of the statement, loan processing and other related document to a customer becasue he is/was staff?
  • Gogoji 28 June 2012 08:57 33 1
    Then why is it called 'Salary Account' by the bank?
  • Anon 28 June 2012 08:34 28 0
    If the salary of the employee transferred to the bank loses its description as 'salary' once transferred to the bank, what is the point of Article No 247 of the Code of Civil Procedure, which does not permit seizure of wages or salaries by half of basic pay... because according to the court the bank will never receive a 'salary' once it's transferred to the bank as it becomes something else? Under what circumstances would Article 247 apply?

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