أسئلة وأجوبة
Can I claim my labor dues from a closed company through bounced cheques in 2018?
Hello
I was employed by a company in 2017 that failed to pay my salary. Since I urgently needed a new job to manage my expenses, the management gave me three cheques amounting to roughly 45,000.
I signed the final settlement, which states that the remaining amount will be paid in cheques. Prior to me cashing the cheques, they had paid roughly 6,000 in cash. Since it's been a long time, I cannot locate the payment slip.
Since they failed to pay the rest of the amount, I went ahead to cash the cheques and they bounced. I then registered a case with the Dubai police in April 2018. It's been nearly 7 years and the status on the Dubai Police site shows as "Awaiting approval/Bank reply".
I have the following questions:
1. Is there any way to recover this amount?
2. What is the best option to pursue? Civil case or a labor case with the free zone? However, the company no longer exists as far as I know, how does it work?
3. What does the status awaiting approval/bank reply mean?
Dear Questioner,
Thank you for your detailed inquiry. Based on your situation, here’s a breakdown of your options:
1. Recovering the Amount:
Given the company is no longer operational, recovery of the amount through the business itself may be difficult.
However, the criminal case related to the bounced cheques may still result in penalties for the responsible individuals, provided they can be located.
If you have information on the individuals behind the company, pursuing personal liability might also be an option.
2. Civil Case vs. Labor Case:
Labor Case: Since you were employed in a free zone, it’s worth filing a labor complaint with the free zone authority to recover unpaid wages and severance.
Even if the company is dissolved, the authorities may still be able to take action against the remaining assets or the individuals responsible.
Civil Case: You could pursue a civil case for the unpaid amount, but if the company is dissolved, this may be harder to enforce unless the responsible individuals are identifiable and have personal assets.
3. Status "Awaiting Approval/Bank Reply":
This status indicates that the police investigation is pending as they are waiting for a reply from the bank regarding the bounced cheques.
This is a normal part of the investigation process, but it may take time. I recommend following up with the police for updates on the status.
Next Steps:
Follow Up with the Police regularly to get updates on the investigation.
File a Labor Complaint with the free zone authority to recover unpaid wages.
Consult with us for guidance on pursuing civil action or personal liability against the responsible individuals.
Let me know if you need further assistance with any of these steps.
Best regards,
Mohammed Salah
Legal Consultant
Recovering the Amount:
If the cheques have bounced, the best course of action is to file a civil case for the recovery of your dues. You can pursue this through the Dubai courts or the relevant free zone authority.
Additionally, you can try to reach out to the bank where the cheques were issued to see if they can help locate the company’s details or any associated bank accounts that might allow for payment recovery.
Civil Case vs. Labor Case:
Civil Case: Since the company no longer exists, pursuing a civil case might be more appropriate as the company’s obligations to you are contractual.
However, if the company had a business license or assets that might still be recoverable, you could potentially claim through a civil court.
Labor Case: If the company was operating in a free zone, you could also consider filing a labor case with the free zone authority. However, if the company no longer exists, you may face challenges in enforcing the judgment.
You should consult a legal expert to evaluate the best option based on the specifics of your case.
Awaiting Approval/Bank Reply Status:
This status indicates that the Dubai Police are waiting for a response from the bank regarding the status of the cheques.
The bank may verify details about the cheques, such as the reason for the bounce or whether there are any funds available in the account.
Since it's been several years, it’s essential to act promptly and consult with an attorney who specializes in debt recovery.
GS Advocates & Legal Consultants can assist you in pursuing both civil and labor claims to recover your dues.
Given the circumstances, a civil case is the most likely route. You will use the bounced cheques and the signed settlement agreement as evidence of the debt.
The signed settlement agreement is crucial. It acknowledges the debt and the agreed-upon payment method (cheques).
Even if the company no longer exists, this agreement can be used as evidence. The fact that the company may no longer exist adds complexity.
We will need to investigate the company's current legal status (liquidation, closure, etc.). This will determine how we can pursue your claim.
We will discuss the procedures in detail. Kindly share your WhatsApp number to discuss this further.
To recover the amount owed to you after a significant time has elapsed, gather all relevant documentation, including employment contracts and records of payments.
Consider filing a labor complaint with the appropriate free zone authority if applicable, as well as exploring civil litigation options against any identifiable assets or individuals tied to the defunct company.
Additionally, regularly follow up with Dubai Police for updates on the status of your case, which is currently pending further bank responses regarding the bounced cheques.
Dear Inquirer
We are pleased to serve you and address your inquiries.
The legal way to deal with checks depends on the reason for the bank's refusal to cash the check.
contact us via email or call our offices in Dubai or Sharjah.
Jasim Al Haddad Advocates & Legal Consultants
Hello,
Thank you for reaching out. Here’s what you need to know regarding your case:
Recovering the Amount: Since the cheques bounced, you may still have legal options to claim your dues. However, given the long duration, certain legal limitations might apply.
Best Legal Course: A civil case may be the best approach, but if your employment claim is valid, a labor case with the free zone authority could also be explored.
If the company no longer exists, enforcement can be challenging but not impossible, depending on available assets or guarantors.
Awaiting Approval/Bank Reply Status: This likely means the case is pending further action, either from the bank or relevant authorities. A legal review can clarify the next steps.
Given the complexity of your case, we strongly recommend a detailed consultation to assess the best legal strategy. Book a consultation with "Future Vision for Advocacy and Legal Consultancy" today to explore your legal options.
Would you like assistance in initiating legal action?
We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.
To contact us, you can call or WhatsApp us.
Hello,
Since the police no longer handle cheque cases as they used to, you now have the option to file for execution directly using the bounced cheques.
However, if the company no longer exists or does not have any assets that can be seized, the chances of recovering the amount may be limited.
Regarding the best legal route, filing a labor case with the free zone may not be effective, as labor courts typically do not handle cheque-related disputes, especially after such a long period.
A civil case may be an option, but its success would depend on whether the company or its owners have assets that can be enforced against.
For further assistance in assessing the feasibility of legal action and taking the necessary steps, feel free to contact me by email or call.
