Posted On
9/19/2018
10:23:20 PM
by
AJD
Most probably they will provide you Restraining Order on the person responsible stamped by court. That needs to be submitted to the concerned in Civil Execution supporting department in Sulaibiya, next to Jail. They will ask you work location of the person and working hours so that they can do the needful. Visit them in morning. You can contact me on 97173489 for more info.
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Posted On
9/20/2018
6:11:27 AM
by
Imran
Thanks AJD. Today I went there in Sulaibiya and same thing happened as you said. I gave them office location of my employer. My question is what will happen if he still refuses to pay? He is very rich and reputed kuwaiti. Also 2 years have already passed.
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Posted On
9/20/2018
8:52:29 AM
by
AJD
@Imran. Call me. We will discuss
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Posted On
9/22/2018
9:38:35 PM
by
Santosh
Please talk this issue on forum because so many people are worried about their indemnity. I request AJD to please share your experience on forum. Thanks.
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Posted On
9/22/2018
10:54:41 PM
by
AJD
@ Santosh, I am open to assist anybody with issues regarding Indemnity through court. Some may not share their concerns publicly on forum, so I have already provided by mobile #. As for my case, I had filed a case in SHOUN against my ex-employer in 2016 for Indemnity and Dues non-payment. Nothing fruitful happened there so case was transferred to Court. I decided against hiring a lawyer since I received bad feedback. I went to each and every hearing at court and the expert's office alone. You need to have reasonable arabic knowledge and most importantly TIME for these hearings. For Arabic, you can get some Arab native colleagues/friends to help you with translation. You case will be more stronger if you have all documentary evidences (bank salary statement, pending paid leaves, other dues, Work permit, Employment Contract, resignation/termination letter etc.) The entire court process will take time on avg...2 years. Though various courts have awarded the case to me (with correct indemnity calculations) despite several Appeals by my ex-employer to defer the decisions, I am yet to receive my dues as currently the Civil Enforcement dept. (MOI) needs to act. Overall, if you have the time, patience and mental strength, you can file a case; But my advise is to sort the matter mutually with your company before taking it to court though you may need to make some compromises on your entitlements.This will be the better and faster way out. Another important aspect to consider in filing a case is the company's current position (stability and finance) and future outlook as the court decision will be declared after a year. Once again if anybody needs help, I am open for advise as I am sure there are many people facing such problems.
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Posted On
9/23/2018
1:08:33 AM
by
Imran
Thanks AJD. My co. already closed before 2 years but as i said my employer is very reach and he has so many good running businesses in Kuwait. Now my case is in Sulaibiya execution dept. with the amount agreed by court ,me and company. They also have issued a order( Raise the order of seizure and bring the deptor). Please i want to know what will happen if employer still refuses to pay?
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Posted On
9/23/2018
1:22:43 AM
by
employee
Imran. I fail to understand what was the reason for your ex co. not to pay?
No intention or no money to pay.
Nonetheless your final settlement may not run into several 100s of 1000s of KD and I am thinking what the co. might have achieved by not paying to you.
But I appreciate your fight for your dues as well as kudos to AJD
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Posted On
9/23/2018
1:44:38 AM
by
AJD
@Imran The already existing restraining order (Arrest warrant) issued on your employer has been further escalated. The case becomes more complicated as the company is closed currently. I have no idea what this could lead to. Imran, why don't you explain this in the Execution Court? They will explain the possible options. In my case the company is still functioning but has no money to pay. In the last court appeal, my company mentioned that they are financially going through rough times and are unable to pay lumpsum and agree to pay in installments but this appeal was rejected by the court. @Employee The majority of the reasons why company take it to court is because they can buy time due to the lengthy court process here. Eventually, they would hope over time that employee could be affected medically or be out of employment being the uncertain job environment prevailing; resulting in EXIT from the country. Even though arrest warrants are issued, the sponsors are roaming around scotfree. I expected him to be nabbed at the airport during entry from his travel recently but unfortunately nothing happened. For few petty traffic fines, nobody can leave but for employee's indemnity which has been violated by sponsors, nobody cares. So, you can understand the MENTAL AGONY and FRUSTRATION over these years.
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Posted On
9/23/2018
2:38:25 AM
by
Imran
My co. is closed but their file is still open. I mean their business is closed but still some people working on their akama. They are paying indemnity but only 50% and most people accepted that. Since some of us worked there for long time we are not willing to take 50%. AJD iS giving correct information and is very useful and helpful. Thanks.
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Posted On
9/23/2018
10:03:43 PM
by
Imran
@AJD . I heard they will enforce bank account freeze and travel ban against employer. Will that help?
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Posted On
9/23/2018
11:26:30 PM
by
AJD
@Imran, They cannot impose travel ban as this case is related to Company. Travel bans can be imposed on individuals only. At most, for Company civil matters, they can issue Restraining Order (on the manager mentioned in "MUSTAKRAJ") which is already issued in your case. Yes, you can request block the bank accounts, salary accounts, access to third-parties, car registrations issued in company name. if you have not done this, I suggest you do it. But note that these requests need to be applied separately and not part of Restraining Order. All these requests can be done in 1 visit. If you need to do this, take 9 copies of your Court attested order and submit in Execution dept. I think you need to fix 5kd stamp. Also, note you can see status of your case online
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Posted On
9/24/2018
2:22:15 AM
by
Imran
Latest updated status of my case is Raise the order of seizure and bring the debtor. Once i tried to block the co. cars but there are no cars in company name now. Can i get employer personal bank account frozen?
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Posted On
9/24/2018
4:31:03 AM
by
AJD
Personal accounts cannot be blocked since it's a company case. Bank accounts of the company can be blocked.
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Posted On
9/24/2018
6:27:32 AM
by
Imran
They have closed all their bank accounts. In this case will i get my indemnity or not? I am little worried now. What about if they say co. in total lost (liquidated ) and we do not have any money to pay. But i know as i said this kuwaiti is very rich and has many successful running businesses.Thanks AJD.
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Posted On
9/24/2018
9:29:55 AM
by
AJD
When did u request for blocking of bank accounts? How sure are you that the bank accounts are still blocked? As I know that blocks for third parties are valid for 2-3 months. Thereafter you have to request block again. Last resort is to get arrested. When you went to Sulaibiya, how long they said would they take to do the needful?
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Posted On
9/24/2018
11:17:28 PM
by
Imran
I mean company themselves have closed all their bank accounts. In sulaibiya they told me to just go and they will do the needful.But still no update online.
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Posted On
9/25/2018
2:24:42 AM
by
AJD
Still, no harm to request to block their bank accounts. You never know they might have opened new ones; otherwise how are they paying salaries to staff still on their residence? In Sulaibiya, did they look interested in your case? Did you get the person name? Did they seem cooperative?
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Posted On
9/25/2018
2:47:56 AM
by
Imran
Thanks AJD. Yes in Sulaibiya they are interested and cooperative. What do you mean by" person name" please?
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Posted On
9/25/2018
2:51:48 AM
by
AJD
"Person name" - Name of the person who handled your paper in Sulaibiya. As I need to visit them next week to submit my papers. :) For your case, may be you can visit them for followup next week.
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Posted On
9/25/2018
7:39:18 AM
by
Imran
Thanks . I will ask the name when i visit next week.
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Posted On
9/29/2018
6:10:46 AM
by
Imran
@AJD. From Sulaibiya i got police officer name and his mobile number. They told me when your sponsor is available in his office, same time call police officer . But i am not sure police officer will come same time when i call him. Please suggest. And even if he comes, sponsor may have some other excuse not to pay.
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Posted On
9/29/2018
10:32:10 PM
by
AJD
@Imran, I suggest that you go along with the police officer to the place. Tell them that the place location is complex and you would direct them by coming along, You need not enter the office but mention the floor and office. Sponsor cannot make any excuses. Excuses (Appeals) have already been done in court.The police officer will follow the court order. Don't worry about the excuses, your main goal is to get the police to the sponsor face to face,
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Posted On
10/6/2018
7:05:25 AM
by
AJD
@Imran. Any developments in your case?
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Posted On
10/20/2018
10:35:01 PM
by
AJD
To all the followers of this topic, I am pleased to tell you that I have finally received my dues; thanks to prompt intervention by the authorities.Justice enforced finally.
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Posted On
10/20/2018
10:45:45 PM
by
employee
@ AJD. Hats off to you yaar. Really you have guts to pursue the case and ensure you get your dues. It takes courage for standing rock solid.
Once again a big salute to you.....
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Posted On
10/21/2018
3:06:14 AM
by
AJD
This kind of court matters is not for people who are impatient and not mentally strong. I filed the case in Jul 2016, got my dues in Oct 2018. If you have all facts, evidences on your side, you will succeed. As mentioned, I am open to advise any person facing similar difficulties in getting their indemnity. I have first hand knowledge as I pursued my case singlehandedly.
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Posted On
10/21/2018
9:01:41 PM
by
Imran
@AJD. They have changed the manager name on MUSTAKRAJ to one 75 years old Saudi national who is even not living in Kuwait. And the law says they do not issue arrest warrant in these cases if he is more than 65. Now i am in very difficult situation. I have blocked company bank account but there is no money in the account and they do not deposit any more. All the company cars they have sold .They do not have any property now in company name. I also got the order to seize their property but it is only four desk tops which is used by four employees in a small room in a very isolated place. I explained all this to execution manager but i did not get any positive reply.
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Posted On
10/22/2018
2:25:10 AM
by
AJD
@Imran. BTW, why were you asked for Mustakraj? Mustakraj is valid for 6 months from issue. Was the earlier arrest warrant issued in your sponsor's name? If it was, there is no value if the name has changed in Mustakraj now. Their lawyer's seem to be misusing the situation to their favour. Call me if possible. Not possible to discuss in detail here......
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Posted On
10/22/2018
8:42:32 AM
by
Imran
You are correct. Lawyers are misusing the law in their favour. After court issued arrest warrant agaist kuwaiti sponsor their lawyer changed the mustakraj name to 75 years Saudi national. Now arrest warrant cannot be issued against him.
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Posted On
10/23/2018
1:17:13 AM
by
AJD
But why didn't the authorities take action on the Kuwaiti sponsor based on the first arrest warrant as his name was mentioned in the warrant? Was the first arrest warrant removed from system?If yes, how,why??? What caused them to issue a second warrant on different person?
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Posted On
10/24/2018
9:26:23 PM
by
Imran
@AJD. It took 3 days for police to reach his office. In this period he managed to change the name from MUSTAKRAJ. Yes first warrant removed from system.How i don't know. Second warrant on the present name on the MUSTAKRAJ.
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Posted On
10/24/2018
11:53:43 PM
by
AJD
@Imran What date you got the first Mustakraj? Please enquire with Execution dept. how and who and why the Arrest warrant was removed. You must get the answer. They must have full trail. In this manner, all other violators can play the same game and justice will never be delivered. Explain this to the court.......
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Posted On
10/25/2018
2:52:17 AM
by
Imran
May 6,2018 i got first mustakraj. Arrest warrant was removed because manager name was changed on second mustakraj which was issued on Oct 15, 2018. Arrest warrant was issued on July 2, 2018. They filed appeal and file was closed temporarily on July 3,2018. Then their appeal was rejected and arrest warrant was renewed on Sep 9, 2018. When nothing happened i approached execution dept on Oct 15,2018. That time they told me to bring another mustakraj. When they checked second mustakraj i was told they cannot arrest him because manager is more than 75. Thanks JRD.
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Posted On
10/27/2018
10:55:37 PM
by
AJD
@ Imran. Please discuss with the manager in Execution dept. They will have idea on the way forward....They must have come across similar cases before. There has to be a way to enforce the Court order.
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Posted On
10/29/2018
8:52:47 PM
by
Imran
@AJD. Execution dept. Head told me he will do what he can like confiscate company property including vehicles, freeze bank account and issue arrest warrant against manager. I think this case should be transfered against company owner who is very rich and has many more well running businesses. But how i don't know. Please if somebody can help me. I worked 23 years for this company.
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Posted On
10/30/2018
2:14:19 AM
by
Imran
Will Indian embassy help? Or somebody know any good lawyer . I am willing to pay 10% if i can get my court approved amount.
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Posted On
10/30/2018
3:28:42 AM
by
AJD
@Imran. Embassy didn't reply to my mails when I had mailed them about my issue. I am looking out for you already. Since, you have handled court matters on your own for so long, it's no point hiring any lawyer. They will not do anything different than what you are doing. There will be trust issues and many other problems with them. I heard bad experiences from my friends. Right now, only need to take advise from a lawyer...to see the options
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Posted On
10/30/2018
5:21:43 AM
by
Imran
Thanks AJD. I am afraid without lawyer I will not get anything. They know how to play with the law. Or as you said if somebody guide me to take correct legal way. I will even pay for that.
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Posted On
11/4/2018
9:03:03 PM
by
Imran
Please help me.
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Posted On
11/6/2018
5:30:40 AM
by
Imran
@AJD. Please let me know if you have any information. Or any good lawyer if you suggest who can help me get my money. Thanks.
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Posted On
11/6/2018
10:30:15 AM
by
AJD
@Imran; My mobile # is mentioned, call me to discuss
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Posted On
2/14/2019
4:23:32 AM
by
Imran
I got my money. Thank God.
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Posted On
4/14/2021
7:52:49 PM
by
William Kulanthaisamy
hello every one... i need to submit the court rule of judgement. please guide the procedure and getting appointment thank you
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Posted On
2/4/2024
3:36:43 PM
by
mohammad Razi
Kindly guide me find a good and budget lawyer for indemnity case if possible near Mangaf, fahaheel or nearby areas. My wats app: 50976170
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Posted On
2/4/2024
7:46:58 PM
by
Rasheed
@Razi,
Contact Hibatullah 66819131. He''s not a lawyer but he can appear in the court on your behalf. You need to give power of attorney.
He''s currently handling my labor case in the court.
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