Question: I have been working in a private company for five years. A month ago, I submitted my resignation from work, and the employer gave me my end-of-service benefits through a cheque signed by him. I signed in a written acknowledgement in front of the Ministry of Labour that I had received the end-of-service amount, and accordingly my residency was cancelled.
However, I have now discovered that the company is closed and benefits remain unsettled. What is the appropriate action to be taken against the employer to claim my rights? Can I urgently demand travel ban against the employer and file a lawsuit against the company?
Answer: You have the right to file an execution case to enforce the cheque settlement in order to get the amount of the cheque and request for travel ban at the same time.
The cheque without a balance gave the beneficiary of the cheque the ability to directly execute the cheque with quick and easy procedures to ensure the speedy collection of the amount in a way that guarantees him a fulfillment tool in place of money.
The cheque on which the drawee proves that there is no balance or that there is insufficient amount is considered an executive instrument following the regulatory regulations of the Federal Civil Procedure Law, and the bearer has the right to request its execution, in whole or in part, by force.
After registering the executive file, the execution judge may issue a decision banning the travel of the party against whom enforcement is sought. The party against whom enforcement is requested shall be notified of the lawsuit, and 15 days shall be given to pay the value of the returned cheque or the remainder of its value.
If the drawer does not submit any corresponding legal action, the person requesting enforcement may request an inquiry to place a seizure on the funds of the party against whom it is being executed and proceed with the executive procedures required. You will arrange expropriation and auction to collect the amount of the bounced cheque.
