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If the employer offers less than my demanded dues after court execution, what next?

Dear Sir/Madam,

I have a case in Dubai court regarding dues of 5 months' salary and end of service of about 35k AED. The court has executed the order, which was approved by MOHRE.

Today, I got a call from their lawyer to mediate and settle for 20k, or they'll appeal. They claim the bank account freeze won't affect them as they have already transferred funds.

This is when I denied taking 20k. What should I do in this scenario?

متميز
مركز لندن للاستشارات القانونية
دردشة توظيف
اجتماع
4 Jun 2024, 10:48

Dear Questioner,

Since the MOHRE ruled in the amount of 35k, do not accept the settlement. Just submit your implementation and follow up until you get your money, and we can follow up on it on your behalf.

For further inquiries about your topic, you can reach out to our office or contact us on WhatsApp at [-----].

4 Jun 2024, 11:32

Thank you for your response!

Dubai court has approved my claim as per the MOHRE judgment and it has been implemented.

I have to go to court on Friday to check the status, i.e., 10 days after implementation.

The company still has 3 days to appeal as mentioned in the MOHRE judgment, which allows for a 15-day period to appeal. I will contact you on Friday through WhatsApp.

Thank you!

متميز
هند حميد النعيمي للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
4 Jun 2024, 10:50

Dear Questioner,

Firstly, it’s important to assess the situation carefully. You have a court order in your favor for the dues of 5 months’ salary and end-of-service benefits totaling about 35,000 AED.

The opposing party’s lawyer has contacted you with an offer to settle for 20,000 AED or they will appeal the decision.

- Understand Your Rights:

As the court has already executed the order approved by MOHRE in your favor, you have legal rights to claim the full amount owed to you as per the court ruling. It is crucial to understand your legal rights and entitlements in this scenario.

- Consult with Your Lawyer:

Given the complexity of legal matters and negotiations involved, it is advisable to consult with your own lawyer before making any decisions. Your lawyer can provide you with legal advice on how to proceed further and represent your interests effectively.

- Consider the Implications:

By accepting a settlement of 20,000 AED, you would be compromising on a significant portion of the amount awarded to you by the court. It is essential to consider the implications of accepting a lower settlement amount versus pursuing the full amount through potential appeals or enforcement actions.

- Response:

In this scenario, since you have already won a court order for the full amount owed to you and have MOHRE’s approval, it may be in your best interest to stand firm on your rights and not accept a lower settlement offer.

By denying the offer and standing by the court’s decision, you are asserting your legal rights and ensuring that justice is served.

It is recommended that you continue to communicate through your legal representation and explore all available options before making any decisions.

Upholding the court’s decision can strengthen your position and protect your rights as a rightful claimant of the dues owed to you.

4 Jun 2024, 11:37

Thank you for your detailed response!

They are trying to avoid making payment through unlawful activities, such as transferring money from bank accounts that can be frozen, as told by their lawyer.

4 Jun 2024, 12:07

If the company is attempting to avoid making payments through unlawful means, such as transferring funds from bank accounts that could be frozen, it's important to handle the situation carefully and seek legal advice immediately.

Here are some steps you can consider:

1. Consult a Legal Advisor:

Given the complexity of the situation and the potential legal ramifications, it's crucial to seek advice from a legal professional who specializes in business and banking law in Dubai.

They can provide guidance on how to protect your rights and pursue the payments owed to you.

2. Document Everything:

Keep thorough records of all communications, agreements, and any evidence related to the payments owed to you. This documentation will be valuable if legal action becomes necessary.

3. Explore Legal Options:

Your legal advisor can help you explore the available legal options for recovering the payments owed to you. This may involve negotiating with the company, initiating legal proceedings, or pursuing alternative dispute resolution methods.

4. Cooperate with Authorities:

If the company is engaging in unlawful activities to avoid making payments, you may need to cooperate with relevant authorities, such as the police or regulatory agencies, to address the situation.

5. Protect Your Interests:

Take steps to protect your interests and financial well-being during this process. This may include securing alternative sources of income, managing your finances carefully, and prioritizing your legal and financial obligations.

Overall, it's essential to take prompt action and seek professional legal advice to address the situation effectively and protect your rights.

متميز
الفهد للاستشارات القانونية
دردشة توظيف
اجتماع
4 Jun 2024, 10:53

Dear Questioner,

Thanks for your inquiry!

Regarding the above, we would like to inform you that, in this scenario, it is important to consult with a lawyer who specializes in labor law in the UAE.

They will be able to advise you on the best course of action to take. It is also important to gather any evidence or documents that support your case, such as employment contracts, salary slips, and communication with your employer.

You may also consider attending the mediation session to hear their offer and present your case.

If you are not satisfied with the outcome of the mediation, you can proceed with the appeal process. It is important to note that the court has already issued an execution order, so your employer may not be able to appeal the decision.

However, it is best to consult with us via phone or email to ensure that your rights are protected.

Greetings,

4 Jun 2024, 11:38

Thank you for your response!

The Dubai court has approved my claim as per the MOHRE judgment and it has been implemented.

I have to go to court on Friday to check the status, i.e., 10 days after implementation.

The company still has 3 days to appeal, as mentioned in the MOHRE judgment, which allows for a 15-day period to appeal. I will contact you on Friday through WhatsApp.

Thank you!

ليلى حمزة الملا محامون ومستشارون قانونيون
دردشة
توظيف
اجتماع
4 Jun 2024, 11:34

Dear questioner,

If you do not want to settle with them for the proposed amount, even though they have transferred it, please note that they cannot file an appeal if the appeal period is over and the judgment has already been executed.

4 Jun 2024, 11:45

Thank you for your response!

They want to appeal against MOHRE's judgment and still have 3 days to do that.

4 Jun 2024, 12:56

So it means the judgment is not executed yet.

If you have proof that you had denied the 20k, then there will be no problem, and you can also simply deny their contentions that you had not come to an agreement for withdrawing the case.

If you want to discuss this, please share your WhatsApp number.

4 Jun 2024, 13:08

Please WhatsApp me at [------].

5 Jun 2024, 04:14

I will contact you shortly.

متميز
إبراهيم البنا للمحاماة والاستشارات القانونية
دردشة توظيف
اجتماع
4 Jun 2024, 13:58

Dear Questioner,

Thank you for reaching out regarding your case concerning unpaid dues and end-of-service benefits.

I understand the complexity of your situation and the recent developments with the call from their lawyer to mediate and settle for a significantly lower amount than what you are rightfully owed.

In this scenario, it's crucial to prioritize protecting your rights and ensuring that you receive the full compensation you are entitled to under the law.

While mediation can sometimes be a viable option for resolving disputes amicably, it's essential to approach it from a position of strength and with a clear understanding of your legal rights.

Given the circumstances you've described, I would advise against accepting the proposed settlement of 20k AED, as it significantly undervalues your claim.

Instead, I recommend continuing to pursue your case through the legal channels available to you, including any appeals necessary to uphold the court's executed order.

As your attorney, I can provide you with comprehensive legal advice and representation throughout this process, ensuring that your rights are protected and advocating for the full compensation you deserve.

I will work tirelessly to pursue the best possible outcome for you and to hold the other party accountable for their obligations.

Please feel free to reach out to me via WhatsApp or phone at [-----] to discuss your case further and explore how I can assist you in achieving a successful resolution.

متميز
إم بي سي ليجل كونسولتانتس
دردشة توظيف
اجتماع
5 Jun 2024, 06:15

Hi,

Stand firm on the court's decision, and do not settle for less than the court-ordered amount.

5 Jun 2024, 06:16

To ensure you take the most appropriate steps, we can discuss over call or WhatsApp. I am available at [------].

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