Questions & Answers
Execution of a labor court judgment while the company no longer exists
A labor court judgment was ruled in my favor (I'm an employee) in December 2019, against my ex-employer, for nonpayment of salaries, expense claims, and gratuity.
Unfortunately, they still haven't settled my dues. Worse, the owners left the country and the company no longer exists in its physical form; there is only a legal structure. They do not have any assets either.
Does it make sense to still seek judgment execution?
Also, are there any provisions to pursue the execution order in their present country of residence?
If your employer is a Limited Liability Company (LLC) and the judgment was against the company only, it is very difficult to enforce the judgment against the shareholders.
If the judgment is against the individuals along with the company, then you may be able to enforce the judgment against the individual(s) if the laws in their country allow the enforcement (you need to consulate a lawyer in that country).
If the judgment is against the company and it no longer exists and has no assets or funds. It is useless to continue with the enforcement of the judgment; it is time and money wasting.
