Thursday , April 26 2018

Court judgment on Indemnity and overtime given in staff favour, but American company has changed name 3 times

I was working in the American- based company in Kuwait branch until Oct 12, 2013. I was hired by this company from USA and came to Kuwait on Oct 15, 2006. I have signed an employment contract as per the Kuwait Labor Law on Dec 10, 2006.

On Oct 12, 2013 the company terminated my services along with many other employees. The company didn’t give us three months’ notice, indemnity or any overtime for all these years. I then filed the case against the company in October 2013 in the Ministry of Labor and Social Affairs, left the country.

Later year, in December, the court has awarded the judgement in my favor which was based on the experts’ calculation. I’m currently in Kuwait but unable to collect any amount as the company has changed the company name three times since 2013.

The court judgement is based on the company’s old name but the name has been changed. This USA company is running the same business from the same location, same management and HR staff in Kuwait. It is my strong belief that the company has changed the name a few times to avoid any obligations or lawsuit. Is it legal to change name/bank information to avoid obligation? How do I collect the payment or the way forward?

Name withheld

Answer: The company by changing its name three times by itself does not constitute an illegality especially if the name changes were done according to the necessary procedures to amend the contract of the company and declaration procedures.

What you can do now is to get proof of the name to show the company (operating under the new name) is the original defendant just operating under a different name.

Armed with this information in addition to a copy of the judgement given in your favour, you approach the Criminal Sentences Execution Department located in Farwaniya area and put your case before them. We believe they can help you get whatever you are entitled to in accordance with the judgement given by the court in your favour. We advise that you seek the services of a lawyer if you don’t have one to help you take on the company to live by its obligations towards you in accordance with what the court has directed.

Kindly send your queries to arabtimes@arabtimesonline.com or admin@arabtimesonline.com
Kindly go through our archives and refrain from sending repeated questions

 

Check Also

Indemnity Calculation for Terminated staff

My basic salary is KD 550 Date of joining: Feb 1, 2014 Termination received 3 …

Translate »