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استرداد القرض الممنوح لصاحب العمل والرواتب المستحقة

لقد منحت قرضًا لصاحب العمل بسبب الوضع المالي السيء للشركة من أجل دعمها دون اتفاقية مكتوبة.

بسبب الوضع السيء للشركة، سرحت الشركة أكثر من 80٪ من القوة العاملة بمن فيهم أنا.

كما أن هناك بعض الرواتب المعلقة المستحقة لي وكانت الشركة تدفع لي أقساط شهرية ثابتة لسداد القرض المذكور حتى الشهر الماضي.

يرجى تقديم المشورة حول كيفية استرداد المستحقات بما في ذلك القرض والرسوم مقابل الخدمات المقدمة.

Al Nassar Advocates & Legal Consultants
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5 Nov 2019, 05:32

Dear Sir/ Madam,

Thank you for reaching out to me on this.

Firstly, you will have to raise a labour complaint before the Ministry of Labour via Tawafouq or call 80060. This is the pre-requisite for filing labour case in court.

The Ministry will call both the parties i.e. you and the company for an amicable resolution. If there is no amicable resolution, the Ministry will issue a letter to you to approach the court.

In the court, you will have to demand your pending salaries, gratuity, pending annual leave, up to 3 months salary as compensation due to wrongful termination. All of this at 9-12% of legal interest.

For the loan given to the employer, if you have any bank transfer receipt or acknowledgement from the employer, then this will assist your case or else it's just your word against the Employer.

Kindly gather more evidence on this loan and stake your claim before the Labour Court.

I trust you will find this response adequate.

Regards,

Hari Wadhwana

5 Nov 2019, 08:39

Thanks for your prompt advice.

I’ve transferred funds through net banking to company accounts and paid some bills directly as well. Will the wire transfer slips help in this case?

5 Nov 2019, 08:42

Dear Sir/ Madam,

Yes, this is sufficient proof that the payment is made to the company as a loan.

10 Nov 2019, 08:11

Can we have a meeting to discuss this?

Kindly advise me on documents, meeting time and expected cost with contact details.

10 Nov 2019, 08:13

Kindly send me an email. I will advise on the date, time and venue of the meeting.

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Maryam Hayyaz & Wejdan Bushahab Advocates
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5 Nov 2019, 06:37

Dear questioner,

You can initiate a labour complaint with the MOL for your pending salaries. Along with that, you can claim up to 3 months salary as arbitrary dismissal.

Further, you can recover the money that you have given to the company as a loan by filing a case in the court.

Kindly contact us on the phone for a detailed discussion or write to us at our email for further assistance.

5 Nov 2019, 08:41

I had transferred funds through wire transfer to the company and paid some invoice directly to the vendors.

Is this a sufficient proof in the court and how to proceed in case of no agreement in place?

5 Nov 2019, 08:52

You can definitely recover all the money you had given to the company.

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