Q: I have an ongoing case in the labour court. Our owner is already absconding. I wouldn't be getting anything since they are planning to close the company. What can be done in this situation… A: File an Attachment Order before the competent courts, and request attaching the employer's Bank Account…

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Claiming labour entitlements from absconding employer

Dears,

I have an ongoing case in the labour court for delayed salary & deduction amounting to AED 195K & expecting judgement from the court of first instance in Nov 2nd week.

The issue is that our owner is already absconding & he has liquidated company assets but we still have incoming customer payments till mid of Dec which can cover my claim amount.

But the problem is in execution, by the time execution file is opened (30 days appeal +15 days notification), they will take all money & even with a favourable verdict, I wouldn't be getting anything since they are planning to close the company.

Can you please guide what can be done in this situation (any possibility of immediate account freeze before/upon judgement by a request to court...etc)?

Sherif M. ElKhatib

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27 Oct 2018, 12:26

Dear Questioner,

With reference to your inquiry, kindly be informed that in such situation, you shall file an Attachment Order before the competent courts, and request attaching the employer's Bank Account.

You have to illustrate the same reasons illustrated in your inquiry, as well as mentioning that there's a judgment in your favour from the first instance court...etc.

For any further inquiries, kindly contact me on (+971 505050 835).

Wishing you all the best.

Kind regards,

Sherif M. ElKhatib

27 Oct 2018, 12:36

Many thanks, Mr Sherif, for your response.

Can I request the court for the attachment order immediately after the judgement since I am afraid that the execution procedure would take 45 days time from the date of judgement?

It would be too late as they will leave nothing in their account by that time (The owner is absconding & there is hardly 4 staff left now in the company who will also leave by next month).

How to proceed forward with the court request in that case (fix it/ one time or through a lawyer)?

27 Oct 2018, 13:30

Most welcome.

Yes indeed, you can file the attachment order immediately after the judgment, and mention in it that the appeal period has not elapsed yet.

However, I do prefer filing the attachment order maximum by tomorrow, and as soon as you get it (on the same day), submit a request to the first Instance court for the purposes of re-pleading (meaning that it will open the case once again to conjoin both files of the case and the attachment order together).

If you are following up on your case by your own self, then you shall visit the same typing centre you are dealing with, and tell them that you need to file an attachment order.

Best wishes!!

28 Oct 2018, 14:52

Dear Mr Sheriff,

Many thanks for your response & guidance today as even the typing center guys weren't knowing this possibility of Attachment option in a labor case, it was of great help as all other ways had been extinguished for us to confirm the availability of funds. I really appreciate & recommend your guidance to the litigants.

Thanks, regards & best wishes

28 Oct 2018, 15:40

Oh, thanks a lot for your kind words.

It means a lot to me.

Rest assured that I will always be there whenever you need any kind of support.

Will be waiting for you call to tell me good news soon inshallah.

Best of luck !!

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