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Monday, August 4, 2008

Employees fear arrest after taking out loans for Sharjah Company

By Anjana Sankar, Senior Reporter (Gulf News)
Published: August 03, 2008, 23:35
Dubai: Employees of a Sharjah-based company have accused their employer of trapping them in a financial scam by acquiring bank loans to the tune of millions in their names by fraudulent means. Aggrieved employees, who now face arrest for dud cheques and failed loan payments, said their company, “City Emperor General Trading LLC”, that has over half a dozen establishments under its umbrella, including the “Al Qathara Supermarket and department stores in Abu Dhabi”, where they were working, opened accounts in their names and made salary transfers to several banks simultaneously to take out huge loans.
Gulf News made several attempts to contact the owner of the company, but he refused to comment.
"We were requested by the company's managing director to take personal loans to salvage the company from a financial crisis, and the company assured us it would be solely responsible for the monthly payments," said Mohammad Iqbal Saidu Mohammad, accounting manager with the firm.
Threatened
He added those employees who did not agree were threatened by the management, and many others were made to sign documents, which were used by the company to open accounts and apply for loans without their knowledge. Mohammad Iqbal claims the company has taken loans in his name up to a total amount of over AED 700000, and now the company is not paying the instalments, he has cases filed against him by banks.
According to him, although his salary was AED 7500, the company gave a false salary certificate of AED 12500 to banks, and transferred the amount for five months in order to make him eligible for loans. Another employee, Rajesh, has loans of AED 73000 from the National Bank of Dubai, AED 78000 from United Arab Bank Dubai and AED 45000 on credit from HSBC Dubai.
"When they asked me to take a loan for the company, I thought it would be just one loan, and that too for a small amount since my salary is only Dh2,000. It was only when I started getting calls from several banks, I realised the company had shown my salary as AED 10000, and cheated me by making me sign some bank documents," said Rajesh. Rajesh also said he was in jail for two weeks and the company did nothing to bail him out.
Substantiating their claims were copies of letters written by the company to banks requesting them time to clear the dues. As shown to Gulf News, the letters read: "As instructed by the employer, some of our employees voluntarily came forward to help this supermarket venture to improve its unfavourable financial position by providing funds which they took as personal loans and through their credit cards from your bank, and we utilised these funds to ease our fund crunch to a great extent."
"In view of the above circumstances, we take full responsibility to settle all the dues of our employees, and are willing to arrive at a mutual settlement with you to clear them in monthly instalments." The employees also said in many cases, salary transfers and cash withdrawals and other transactions were made from their accounts even in the absence of the account holders, some of whom were out of the UAE. According to the employees, three of their colleagues have already been arrested, now the company has reported their names to the labour department as absconders.
"We have reported the matter to the Central Bank, and all other respective banks, and they are investigating the issue. Complaints have also been lodged with the Indian embassy and Amnesty International.
"We live in constant fear of being arrested for no fault of ours. The company is financially capable of clearing the debts and they have the moral responsibility to get us out of this mess," Rajesh said.
Legal expert: Workers 'responsible'
Ignorance of facts is pardonable. But ignorance of the law is never pardonable, said a legal expert implying that the employees are ultimately responsible for financial liabilities in their names. "In my opinion, the criminal liability of dud cheques remain with the employees and no court will entertain any arguments otherwise."
"We can look at the issue in two different ways. From the criminal perspective, the criminal liability lies with the employees because no matter how they landed in the situation, they signed the cheques in good faith and convinced the banks they were capable of repaying the loans."
However, from a civil point of view, if the employees can produce documents acceptable to the court to substantiate that the company had taken responsibility for payment of dues, the banks can hold the employer also liable for the payments.
According to her, the only substantial grounds for winning the case is if the employees can prove by documentary evidence and witnesses that they were misrepresented and the company had forced them into signing documents. "In that case, they can file a case of fraud against the company. But unfortunately they will not win if they do not have strong witnesses and documentary evidence," said the expert.
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THE UNITED ARAB EMIRATES - FACT SHEET

THE UNITED ARAB EMIRATES

The United Arab Emirates is the united form of seven emirates and are; Abu Dhabi, Dubai, Sharjah, Ajman, Um Al-Quwain, Fujairah, & Ras Al-Khaimah. Abu Dhabi is the capital of United Arab Emirates (in short, UAE).

ABU DHABI

Abu Dhabi is one of the most modern cities in the world. It is the center of government and business life in the UAE, headquarters of the emirates oil operating companies and embassies are based here. The architecture of its modern buildings and sky scrapers is the finest in the Middle East. Abu Dhabi's oil wealth has been wisely utilized to encourage a healthy trade and commerce atmosphere apart from oil industries too. The promotion of tourism and various tourism-related projects will elevate Abu Dhabi to a Singaporean status in the region. Large gardens and parks, green boulevards lining all the streets and roads, sophisticated high-rise buildings, state-of-the-art communication services and transport, the presence of all the international luxury hotel chains, rich shopping malls, cultural centers and events provide tourists a one-of-a-kind experience all the year round.

Abu Dhabi is the largest of the seven Emirates and the Federal capital of the UAE. Its long coastline - the shallow waters of the Southern Gulf, extending from the base of the Qatar Peninsula in the west to the border of the emirate of Dubai on the north east, was once the world's best waters for pearling. When the pearling industry declined, oil discovery in the offshore oilfields of the Southern Gulf revived the economy of Abu Dhabi. Abu Dhabi was also the first emirate to export oil from the Umm Shaif offshore field in 1962. On the land, it stretches south to the oases of Liwa where some of the world’s largest sand dunes can be found, and east to the ancient oasis of Al Ain. This makes Abu Dhabi the largest as well as the most populated of all the emirates.

Desert Heritage

The emirate was inhabited as far back as the third millennium BC, but the Abu Dhabi of today only truly came into existence in the latter half of the 18th century when it was first settled by the Bani Yas tribe in 1761. In the early days of the 20th century the economy of Abu Dhabi was centered on camel herding, date oases, fishing and pearl diving.

The discovery of oil in 1958 and its subsequent export from 1962 produced a sudden upsurge in Abu Dhabi 's prosperity and laid the foundations of today's modern society. Abu Dhabi was the first emirate to export oil and under the leadership of the late and much revered HH Sheikh Zayed bin Sultan Al Nahyan, the subsequent revenues were wisely invested in the infrastructure of the emirate.

Traditions

The city’s progressive vision is tempered with a deep-seated respect for traditions and culture, and tucked away between modern towers are heritage locales that tell tales of Abu Dhabi’s past. Priority has been given not only to future development but to rediscovering the past through archaeology, the restoration of buildings, museums, establishing indigenous wildlife parks and much more. Traditional musicians, calligraphers, artists and craftsmen are encouraged to develop their skills and thereby prevent their ancient crafts from dying out. The artifacts and tools of pearl divers, fishermen and dhow builders are carefully preserved and displayed. Especially honored is the Bedouin way of life. Even though nomadic societies leave little in the way of permanent structures, the people of Abu Dhabi aspire to the noble traditions and values of their desert ancestors.

DUBAI

Places of Interest

The city of Dubai embraces its namesake creek, dividing it into two halves. The main sightseeing circuit in Dubai is split between Bur Dubai and Deira which lie on opposite sides of the water, and the gently curving Dubai Creek is an attraction in itself. You will have plenty of opportunities for some brilliant views of the city from the water: gleaming skyscrapers on one side, and old trading dhows on the other.

Deira's many attractions include the historic quarter of Bastakia, as well as old souks and covered marketplaces. Wandering along the alleys, you can explore the Spice Souk and the Gold Souk. The Dubai Museum is housed within the beautifully restored Al Fahidi Fort, and is a must-see for first time visitors to Dubai. Built in 1799 to defend the city against invasion, it has served as both palace and prison and the museum's collection includes life-size figures and galleries depicting Arab houses, mosques, date gardens, desert and marine life.

On the Bur Dubai side, Heritage Village, located in the Shindagah area, is a family destination where you can watch potters, weavers and artisans at their crafts. The adjoining Diving Village offers a cultural microcosm of pearl diving and fishing. Sheikh Saeed Al Maktoum House, a museum restored from the house of Dubai's former ruler and dating back to the late 1800s, is within the same complex. With its unusual layered rooms and authentic wind towers, Sheikh Saeed's House showcases regional architecture at its best.

If you drive west from the city centre, you will reach the popular suburb of Jumeirah, home to some of Dubai's finest luxury hotels and resorts, unspoilt stretches of sunny beaches and water sports complexes. In Jumeirah is the Grand Mosque, re-built in 1998, with the city's tallest minaret, nine large domes and 45 small domes - a distinguished landmark and an important place of worship.

About 115 Km south east of Dubai, in the heart of the rocky Hatta Mountains, is the 3000 year old Hatta Village, an important historical site for the region. The two towers overlooking the village used to be defense fortresses against hostile invaders, and during a relaxed day at the Village, you can visit the Houses of Traditional Handicrafts and Palm Products, The Castle Centre, and the 200 year old Sharia Mosque.

In contrast to the traditional attractions of Dubai and the surrounding areas, the city boasts world-class business and leisure facilities.

Best Buys and Bargains

Dubai is a veritable shopper's paradise! Whether it is for gold, electronics, carpets, spices, textiles or more.

The city is one of the largest retail gold markets in the world, selling everything from ingots to intricately hand crafted jewellery, and bargaining is welcomed almost everywhere. The Gold Souk area in Deira has glittering street-front stores and hides dozens of alleys housing smaller shops. The newly built Gold and Diamond Park on Sheikh Zayed Road is an attraction for serious jewellery shoppers.

The city is also home to some of the Middle East region's most prestigious shopping malls, boutiques and department stores that house retailers of haute couture, hi-tech electronics, home furnishings and accessories or traditional Arabic crafts. Dubai is famous for offering top international brands at unbelievably reasonable prices.

The larger shopping mall complexes also house cinema theatres, food courts, entertainment centers and play areas for children, allowing for complete family shopping experiences.

Choose to browse through the older markets and the narrow walkways located in the Meena Bazaar, Karama and Naif areas, dedicated to inexpensive reproductions of international brands; leather goods and textiles; computer and electrical accessories and Arabic perfumes.

Most shopping venues and cultural destinations sell a range of gifts and souvenirs representing Dubai: The Seven Sands of the UAE, traditional Bedouin jewellery, sand art, packaged dates and date products, Arabic sweets, wooden crafts and palm leaf handicrafts.

Seasonal Highlights

Dubai has a very eventful social calendar. With international sporting events, shopping and entertainment festivals, music and cultural programmes held at various indoor and outdoor venues all year around.

Varying from the world's richest horse race - The Dubai World Cup, and international jazz festivals, to the home grown Dubai Shopping Festival, Dubai also hosts regionally significant exhibitions and trade shows on a regular basis.

While the actual dates of many important events are timed to match the season, the Lunar calendar and the holy month of Ramadan change from year to year. The chart below provides a guideline to the city's many events:


January - The Dubai Marathon, Dubai Shopping Festival, Dubai International Jazz Festival, Emirates Cup Traditional Dhow Sailing Race, Dubai International Sailing Week Regatta


February - The Dubai Terry Fox Run, Dubai Tennis Championships


March - Dubai Desert Golf Classic, Dubai World Cup, Dubai International Kite Surfing Challenge


April - International Jewellery exhibition


May - Local and international events


June - Dubai Summer Surprises, UAE National Sailing Championship


July - Dubai Summer Surprises


August - Dubai Summer Surprises

September - Gulf IT Exhibition (GITEX), Local and international events (Dubai, the City that Cares festival)

October - UAE Desert Challenge

November - Horse racing season, Dubai Traditional Dhow Sailing Race

December - Rugby 7s, Dubai Air Show, Dubai Grand Prix, National Day celebrations

Rest and Recreation

Dubai is an exciting year round destination that offers unlimited opportunities for rest and recreation, be it a walk through a lush green family park, an adventurous day in the waters of the Arabian Gulf, or a pampering session at one of the many health spas.

Beaches: Some of Dubai's beaches are attached to private hotels, where, for a small fee, you can spend the day on the sand and in the waters of the Arabian Gulf. Other beaches and waterfronts - the Corniche and the Creek - are free for public access, and feature a range of water sports offered by several operators.

Desert safaris: One of Dubai's most popular tourist attractions is the desert safari: a unique experience that combines an adventurous 4WD car ride over sand dunes with camels, belly dancers, henna designers, falconers, and a barbecue dinner by starlight. Other attractions include sand skiing, sand boarding, sand carting and 4WD desert driving

Fishing: The warmth and shelter of the Gulf attract a large variety of fish, and several local companies provide full and half day trips to the best fishing waters about 12Km offshore from the mainland.

Golf: Dubai has the unique distinction of being the only golfing centre in the world to host major international tournaments on both the European and Asian PGA circuits. Visiting golfers can choose from various clubs and courses, each of championship quality and presenting a different type of challenge.

Treatments and therapies: Dubai is home to an extraordinary number of spas and wellness clinics, ranging from internationally renowned brands to ancient Chinese and Indian holistic treatments.


SHARJAH

Sharjah is a city of learning and the arts, as confirmed by its 1998 UNESCO designation as the Cultural Capital of the Arab World. This context facilitates the university's intention to be an academic center at the intersection of ancient cultural traditions and contemporary intellectual currents. The city of Sharjah is home to more than 20 museums with splendid collections of artifacts and art as well as exhibits on science and natural history. Sharjah host many cultural festivals, educational conferences, fairs and economic expositions also. These resources permit the university to broaden students' formal education in a way not possible elsewhere in the region.


Strategically situated between the Far East and the West, Sharjah is a global trade center. The third largest of the seven states that form the United Arab Emirates, Sharjah probably has the most colorful history of all the Emirates. From the days of the early trading with the East to the settlement of the Qawasim seafaring tribe and into the first half of the 19th century, Sharjah was the most important port on the lower Arabian Gulf.


It was here that the British chose to set up their military base and the Trucial Coast's first international airport was established in 1932. The flow of oil into the UAE and the recent gas revenue has sustained Sharjah's modern development. But it is perhaps the people, a lively trading tradition and the culture that have created and maintained the unique flavor of the Sharjah Emirate.


Sharjah has beautiful beaches on the shores of the Arabian Gulf in the West, the Gulf of Oman and Indian Ocean in the East. Sharjah is the only emirate to have land on both the Arabian Sea and the Indian Ocean. Geographically, Sharjah emirate covers approximately 2,600 square kilometers.

AJMAN

The Emirate of Ajman is situated on the coast of the Arabian Gulf, extending over a distance of 16 km, between the emirates of Umm al-Qaiwain and Sharjah. The area of the emirate is 259 square kilometers, equivalent to 0.3% of the country's total area, excluding the islands. The town of Ajman, the capital of the emirate, lies on the coast of the Arabian Gulf. It comprises the Ruler's office, companies, banks and commercial markets. The port of Ajman is located along a natural creek (Khor) which penetrates the town. The two major regions in the emirate are Masfout, an agricultural area, lying at a distance of 110 Km long at the South east, and Manama located 60 km to the east.

UMM AL-QAIWAIN

Umm al-Qaiwain is situated between Ajman and Ras al-Khaimah on the West coast. The traditional occupation of this emirate has been fishing and date cultivation.


Umm al-Qaiwain's attraction lies in its long clean beaches, an enclosed lagoon and public horse riding stables. Located 50 Km south of Umm Al Qaiwain is Falaj Al Mulla, the agricultural part of the Emirate. Seneyah Island, one kilometer away from the town of Umm al-Qaiwain, is a natural reserve for a large species of birds, deer and Al Qaram trees.

RAS AL-KHAIMAH

Ras al-Khaimah is the northern most emirate of the UAE. It’s history extends into antiquity. Archeological excavations reveal that a settlement with an advanced civilization that carried on trade with the Indian sub-continent existed in this region. Later historical records cite that the town of Ras al-Khaimah, then known as Julfar, belonged to early Muslim Caliphs. In the 18th century, after the invasions of the Persians, Portuguese and the Dutch, it finally became a part of the Al Qawasim State. It was also once the center of the naval strength of the southern Gulf States.


The traditional occupations of this emirate are mainly fishing, trading and agriculture which have been heavily modernized to meet the demands of the UAE's economy. Fruits, vegetables, milk; poultry are supplied to the other emirates from here.


The sea around Ras al-Khaimah abounds in tuna fish. The mountains have enabled the set up of stone quarries and a cement factory. Also the oilfield of Saleh, has boosted up the revenues of the emirate.


Mina Saqr, located next to the town of Ras al-Khaimah, is a deepwater port with heavily utilized bulk handling facilities where major amounts of transshipment takes place. It can handle vessels up to 260 meters long and 11.5 meters maximum draught and is ideal for low cost general cargo and container handling.

FUJAIRAH

Fujairah holds a unique position in the UAE. It is the only emirate that lies on the eastern side of the UAE, along the Gulf of Oman, while all the six other emirates are along the Arabian Gulf.

The Hajar mountain range that divides the UAE in two, from Ras al-Khaimah to Al Ain has kept Fujairah separated from the rest of the country.

Fujairah's main occupations in the past were fishing and agriculture. Pearl fishing was non-existent because the waters of the Gulf of Oman were much deeper and colder than the Arabian Gulf, not suitable for the growth of pearl oysters.

The Fujairah port is an important port for container liners and for the world's largest livestock shipping companies which have set up their main holding station for sheep and cattle for the entire Arabian Peninsula here.

Its clean beaches, the numerous water sports like swimming, yachting, water surfing and deep sea fishing attract tourists all round the year. The Fujairah Tourism Bureau has the specific task of promoting in bound tourism. The Ministry of Agriculture and Fisheries are planning to build a dam in this area where there is a famous waterfall.