How to claim from employer after the final judgement

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Administrative Law

Hello everyone,
I hope you all are doing well, I expect your guidance in this matter.....
I have been here in Saudi Arabia past eight years, I filed a case against my previous company for my pending salary and my EOS, and now I got my judgment also, so I am trying to submit an implementation request but it is showing errors like - The implementation request cannot be sent because the judgment instrument is on the (bankruptcy) list.
Please guide me on what should I do.
Thanks..........

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Mahkamaty AI
Mahkamaty AI
2 months ago15975 إجابة

According to Saudi Arabian labor law, there are set procedures to follow after you receive a final judgment in your favor regarding pending salaries or end of service benefits.

1. Initiate the enforcement proceedings: In Saudi Arabia, the enforcement courts are responsible for implementing the final judgments. Launched by Saudi Arabia's Ministry of Justice, digital enforcement services provide an electronic way to enforce judgments.

However, the issue that you are facing seems to be due to the company's bankruptcy status. The enforcement proceedings cannot go ahead because if the judgement debtor is bankrupt, the claims must be registered and dealt with as part of the bankruptcy process. As far as the law concerns:

Article 4 of the Saudi Law of Bankruptcy (SLB): Where a party under bankruptcy protection is listed on the "bankruptcy list," it means that party is under the bankruptcy protection procedures.

Article 98 of the SLB: Provides for the establishment of a claims register. Once the court declares the debtor bankrupt, the court will appoint a trustee who will invite the debtor's creditors to register their claims.

According to these laws, you should register your claim with the appointed trustee in the company's bankruptcy case.

However, I suggest you to consider following measures:

1. Communicate with the Company's Bankruptcy Trustee/Manager: Since your previous employer is on the bankruptcy list, they are going through proceedings of their own. You can get in touch with the Bankruptcy Manager or Trustee overseeing this case, providing them with all necessary details and request to register your claim.

2. Legal help: If you are not able to handle the process, you can seek advice from a legal expert who is familiar with bankruptcy proceedings.

Please bear in mind, the above advice is related to general processes, it may change as per individual case nuances and factual details.

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