Questions & Answers
The employer absconded before executing a labor case judgment. What to do?
Dears,
I had a labor case against my employer. The court of the first instance in DXB ruled in my favor in Dec 2018. The court awarded me Aed140,000.00 which was unpaid salaries & EOSB.
Subsequently, I had filed for execution after a 1-month appeal period, but the owner deliberately fled (absconded) to India without paying a penny before execution filing. He liquidated whatever he had in the UAE. I would request to know the solution for the below queries:
1) Is the labor judgment executable in India (he has assets in India)?
2) If so, what are the procedures involved?
3) Is there an option to approach Interpol to get the person accountable since he has willfully defaulted on payments & salaries?
4) Should I approach a law firm to go through a debt collection agency?
Requesting your positive response.
Thanks!
Dear client,
Regarding your questions, I would like to give the answers appointed in numbers as per your question for example 1- is your first question's answer and so on...
1- Since the judgment is against the company, it will be executable against the company defendant inside the country of issuance. If the company has other subsidiary companies outside, then the judgment shall be attested and be enforceable against the company in India. Also, you need to check the availability of enforcing judgments inside India from other jurisdictions. Consult an Indian law firm.
2- Attestations in different authorities, it is recommended to check first if it is applicable in India.
3- No, Interpol only involves arresting criminals with amounts above 200k, or prison judgments.
4- You should approach a law firm in India to check about the applicable judgments and if it is Ok to be executed there.
Our firm will be more than ready to take over the attestation process and communications with the Indian firm to cooperate with your case.
Answer:
As per your query, please note the below answers as follows:
1. As per the bilateral agreement between India and UAE, the judgment can be enforced in India. However, you should try to relate the company with its Indian subsidiaries, if any.
2. You should appoint a lawyer who can handle both UAE and India jurisdiction.
3. No
4. Yes, the debt collection agency is also another option.
Please contact us via phone or email for further information.
