أسئلة وأجوبة
I have received a final judgment in my favor and the employer is offering to settle. What to do?
Dear Team,
I have received a final judgment in my favor for 5 months' salary, and I’ve already initiated execution through Al Adheed Center.
Now, my employer is requesting to settle the matter outside the court and promises to pay the full amount within 45 days. However, due to past false promises and non-payment, I am hesitant to trust him.
Could you please advise:
1. Is it safer to continue with the execution process?
2. If I choose to accept the settlement, how can I legally document the payment schedule to ensure enforcement if he defaults?
3. Can this settlement agreement be filed or endorsed through Al Adheed or the court to keep legal pressure?
Looking forward to your guidance.
Continuing with the execution process is generally safer to ensure you receive your salary promptly and with legal enforcement.
If you accept the settlement, have a written payment plan drafted, signed by both parties, specifying amounts and deadlines.
Yes, such a settlement agreement can be registered or filed with Al Adheed or the court to preserve its enforceability and maintain legal pressure.
Would you like assistance drafting the settlement agreement and advising on filing it?
Dear user
Greetings from Khalifa bin Huwaiden Advocates and legal consultations
Since you have a final judgment, the best and safest option is not to suspend the execution until you have received the full amount. Suspending execution based solely on promises exposes you to repeated delays or non-payment.
If the settlement is accepted first, there must be a written agreement that precisely specifies the settlement amount and payment schedule, with clear dates.
Secondly, the agreement must include a penalty clause or stipulate that the failure of any payment will return you directly to the implementation process without the need to file a new case.
Third, the two parties sign the agreement before an official body (notary public or court) or through a lawyer who officially notifies it.
You can then submit the settlement agreement to the court or Al Udeid Center for inclusion in the enforcement file, so that the judgment remains in effect, and the proceedings are only temporarily suspended until the payment schedule expires.
This method keeps legal pressure in place, and if payment is breached, implementation resumes immediately.
Advice to you: It is best to keep the implementation open, and if you want a settlement, let it be documented before an official body and linked to the original ruling so that you do not lose your legal power.
Note: This is a free consultation, and the office does not bear any responsibility for this consultation. For more details, we hope you can contact us via WhatsApp or call.
Dear Questioner,
Thank you for reaching out, and congratulations on the favorable judgment. Regarding your queries
Continuing with Execution:
Continuing with the execution process through Al Adheed Center is generally the safest option to ensure you receive the awarded amount, especially given your past experiences with delayed payments.
Execution orders carry legal enforceability and can lead to asset seizure if the employer defaults.
Settlement and Payment Schedule:
If you decide to settle outside court, it is crucial to draft a formal settlement agreement that clearly outlines the payment schedule, amounts, deadlines, and consequences of default.
This agreement should be signed by both parties and ideally notarized or witnessed to strengthen its enforceability.
Filing or Endorsing the Settlement:
You can file the settlement agreement with the court or Al Adheed Center for official endorsement. Doing so transforms the agreement into an enforceable court order, enabling you to resume execution proceedings immediately upon any breach.
This step helps maintain legal pressure on the employer.
Please let us know if you require assistance drafting the settlement agreement or proceeding with execution enforcement.
Best regards,
Mohammed Salah
Legal Consultant
Dear Inquirer,
Given your situation and the history of non-payment, it is generally safer to proceed with the execution process until you receive full payment.
If you do consider a settlement, it is essential to have a written agreement that is court-endorsed or filed through Al Adheed to ensure enforceability in case of default.
For the best protection of your rights, we recommend a detailed legal review of the settlement terms and formalizing them through the proper legal channels.
Dear questioner
1. It is safer to continue, but there may be delays in recovering the amount
2. To safeguard the settlement out of court, make a good agreement and accept a cheque if the company is a good and stable company, but it will be better to do the agreement and cheque and terms containing stronger terms
3. No, if they default on the agreement, then you may need to file a separate case for the agreement breach.
If you need more details and opinions, please share your WhatsApp number.
