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My company is going out of business, and I haven't been paid for 5 months, can I sue them? Or is it not likely that I'll get anything since the company is going out of business?

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Question added by Salma Fakih , Architect , -
Date Posted: 2016/01/26
Aliaa Dongula
by Aliaa Dongula , Executive Assistant to CAO / Team Secretary/retention officer , Abu Dhabi Commercial Bank

The question is why did he/she wait for5 Month? But, surely he/she can sue the company if they have all the evidence to prove so.

waleed hakim
by waleed hakim , مدير مبيعات , الشركة المصرية الاوروبية للمنتجات الغذائية (شيفي ميكس)

you can get your salary when you approve that you havent been paid for the last5 months  and you can sue them

Gayasuddin Mohammed
by Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad

Yes you can file a suit for payment of arrears salary from the defendant company as a right of compensation by showing the documents that you are employed by the company for the services to rendered to them for the monthly payment of so and so and not paid since..... etc information. My2 cents. Thanks.

In addition, proceed and agree with Ms. Nancy Refai answer. Thanks.  

Maha Abdul-Halim PHR
by Maha Abdul-Halim PHR , HR Manager , Hassan's Optician Company

Yes , Sure you must sue them even they are going out of business , they are liable to pay any dues until they close the organization and these five months you had worked were before closing it to% you are entitled.

But , My question is why you kept working for five months without getting paid ?!

Krupa K Atluri
by Krupa K Atluri

Now mostly small companies are running out of business, Actually you are entitled to get your five months of salary irrespective of Company's financial situation. Have all the relevant documents with you,go through the offer letter and the labour contract t and have a glance at the very sensitive points and try to be positive initially and discuss with them as it is your right to get your pay.

If not the last option for you is to proceed legally as each and every employee has the right to get their pay and all other benefits even if the company is shutting down its business.

 

All the best.

 

Deleted user
by Deleted user

First you have to approve officially that you didn't get paid for5 months and if there is any of your colleagues in the same situation. then you can sue them 

Saifeldin Osman Ali
by Saifeldin Osman Ali , Human Resources Consultant , Aldoha investment CO LTD Sudan

Off curse you have a right to sue them but shall be the last stage, you deserve the five months’ salary irrespective of company financial situation, because you are still employee of the company, in many countries labor law there is article deal with such situation.

In some countries this article call: The reduction of the number of workers or closure of the organization for economic or technical reasons.

 

I don’t know what the process in your country, but you deserve five month salary, use your skills friendly and keep the decision of suing them as the last stage.

Nancy Refai
by Nancy Refai , Health, safety and environmental management Trainer and consultant , Freelancer

The best thing to do now is to start looking for another job. I don't think you'll be able to get a fair compensation easily , however it's not a bad option to ask the ministry of labour at your country for advice

ACHMAD SURJANI
by ACHMAD SURJANI , General Manager Operations , Sinar Jaya Group Ltd

Companies still have an obligation to pay you from5 months of your work , you can sue him because it still holds a contract of work ( in the letter of employment contract , there is your signature and those who represent the company as management , the company can be sued )

Mohamed Abou El Azem
by Mohamed Abou El Azem , Bachelor of Law , Bachelor of Law

Thank you to pray to answer the questionTaking the right letters to be negotiated first

Farman Ullah
by Farman Ullah , advocate , marwat law attorney

off curse the company is liable to pay even a single penny to the labor whatever the situation is facing by the company in my opinion the first step is to send a legal notice mentioning their all the liabilities regarding of the claim and after 15 days the aggrieved party can file a recovery suit against the defaulter. 

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