Translation of the attached article:
Individuals or companies may face situations that require resorting to the judiciary to claim their rights or obtain compensation for damage caused by actions issued by a certain company. Filing a case does not begin merely by submitting a request to the court; rather, the nature of the dispute must be identified, the competent authority must be selected, the necessary documents must be prepared, and the claim must be drafted in a legally correct manner.
Therefore, understanding the procedures that should be followed from the beginning helps avoid mistakes that may delay deciding the case or affect its progress. In this article, we explain how to file a case against a company in Saudi Arabia, the difference between a lawsuit and a complaint, and the most important steps that should be followed before resorting to the competent authorities.
Do You Need to “File a Lawsuit” or “Submit a Complaint” Against the Company?
Not every dispute with a company requires filing a lawsuit. In some cases, submitting a complaint may be the appropriate procedure, because it aims to address the violation through the competent administrative authority. However, other cases require filing a lawsuit before the court to claim a financial right, enforce an obligation, or obtain compensation.
If the dispute relates to a commercial violation or a service provided to a consumer, submitting a complaint to the Ministry of Commerce or the competent authority is the first step. However, if the dispute relates to a contract, a financial claim, compensation for damage, or a labor or commercial dispute, filing a lawsuit before the competent court will be the most appropriate option.
What Types of Cases Can Be Filed Against a Company?
Before knowing how to file a case against a company, it is necessary to know the types of cases that can be filed against a company. The most prominent of these cases include:
Compensation Cases:
A lawsuit can be filed against the company to claim financial compensation for damages caused by the company, such as rights violations or product-related damages.
Labor Cases:
These cases include claims of arbitrary dismissal, delayed salaries, violation of employee rights, or any right regulated by the Labor Law. In many cases, the procedures begin with an attempt at amicable settlement before the dispute is referred to the labor court if no agreement is reached.
Before filing a labor lawsuit against the company, it is important to learn about amicable settlement of labor disputes, so that you understand the stage that precedes court and how the dispute may be resolved legally in a way that preserves the rights of both parties.
Commercial Cases:
Commercial cases arise when the dispute relates to a commercial contract or an agreement between two companies or between a merchant and a company, such as disputes between companies or disputes over commercial contracts.
Consumer Cases:
Consumers may submit a complaint or take legal procedures if they are exposed to unlawful practices by a company, such as selling defective products, failing to comply with warranty terms, providing misleading information, or breaching the agreed service.
If the dispute with the company is related to the employment relationship, you may need to learn about types of labor cases, so that you can determine whether your case relates to salaries, dismissal, entitlements, or compensation before starting the procedures.
How Do You Determine the Competent Authority for Filing a Case Against a Company?
Choosing the competent authority is one of the most important steps before filing the case, because submitting the lawsuit before an incompetent authority may lead to delayed procedures or referral of the case to another authority. Below, we explain how the competent authority for filing a case against a company is determined:
Commercial Court:
The commercial court has jurisdiction over disputes arising from commercial activities, such as disputes between companies, disputes related to commercial contracts, financial claims between merchants, disputes relating to partnerships and commercial agencies, and other cases regulated by commercial law.
Labor Court:
If the dispute is related to the employment relationship between the employee and the company, the labor court is the competent authority to decide the case. Its jurisdiction includes claims related to wages, end-of-service benefits, compensation for employment contract termination, working hours, leaves, and other labor rights.
General Court:
The general court hears some disputes that do not fall within the jurisdiction of specialized courts, depending on the nature of the lawsuit and the requests submitted in it. Therefore, the competent judicial authority must be verified before filing the lawsuit to ensure that the procedures proceed correctly.
Ministry of Commerce:
If the dispute relates to a violation that falls within the jurisdiction of the Ministry of Commerce, such as some consumer complaints or commercial violations, submitting a complaint to the ministry may be the first procedure before considering filing a lawsuit. The ministry studies the complaint and takes the procedures authorized to it by law.
If the reason for filing the case is termination of the employment contract without a legitimate reason, it is important to learn about compensation for arbitrary dismissal, so that you know when the employee has the right to claim compensation in addition to labor entitlements.
Basic Documents Before Filing a Labor Case Against a Company
To support the case filed against companies, certain basic documents must be attached, such as:
- A copy of the national ID or residency card.
- The employment contract or proof of the employment relationship.
- Emails or letters exchanged between the employer and you.
- Salary slips, if available.
- A copy of complaints or emails previously sent to the company.
- Proof of the damage suffered, such as a contract termination notice or medical report.
If the case is due to delayed salaries or failure to pay a due benefit or allowances, you may need to learn about filing a complaint for non-payment of financial entitlements, so that you can start claiming your rights with the correct documents and procedures.
Drafting the Statement of Claim: What Information Should It Include?
The statement of claim is the basic document that initiates litigation procedures. Therefore, it must be prepared carefully, as it explains to the court the nature of the dispute, the requests submitted, and the grounds relied upon by the claimant. Below, we explain the information it should include:
- The details of both the claimant and the defendant.
- An explanation of the facts that led to the dispute.
- Clearly and accurately specifying the requests, whether the claim is for a financial amount, enforcement of a specific obligation, contract termination, compensation for damage, or any other request permitted by law.
- Referring to all documents and evidence relied upon by the claimant, with copies attached whenever required.
Steps to File a Lawsuit Against a Company in Saudi Arabia Through the “Statement of Claim”
Below, we explain the procedures and method for filing a case against a company as follows:
- Prepare all necessary documents that prove your right to file a case against the company, such as invoices, contracts, and others.
- Go to the competent court for your case and submit an official request to file the case, including all supporting documents.
- The court will then notify the defendant that a lawsuit has been filed against them, and a hearing date will be scheduled to consider the case.
- You must attend court hearings to present your arguments and defend your right.
- After the proceedings are completed, the court will issue a final judgment in the case, and either party may appeal that judgment if they are not satisfied with it.
Steps to Submit a Complaint Against a Company in Saudi Arabia — Ministry of Commerce
You can submit a complaint against a company in Saudi Arabia electronically through the Ministry of Commerce by following these steps:
- Access the unified portal for electronic services and log in through your Absher account.
- Choose Labor Services from inside the portal, then select Individual Labor Disputes.
- Fill in the complaint form with the required basic data: the worker’s details, such as name, ID number, residency number, the company’s details, the type of dispute or violation, and the details of the complaint and attached evidence.
- Attach the required documents, then click the Submit button to officially register the complaint.
- The complaint will be reviewed initially, then both parties will be contacted to attempt reconciliation within a specific period before the dispute reaches the labor court if it cannot be resolved.
Fees, Dates, and Notifications: What Should You Expect After Submitting the Case?
After completing the submission of the lawsuit or complaint, the legal procedures stage that precedes deciding the dispute begins. The course of the case differs depending on its type and the competent authority, but there are common steps that most lawsuits go through, including:
Fees:
Fees differ according to the type of lawsuit, the competent authority, and the value of the claim in some cases. Some lawsuits may also be exempt from fees or subject to special controls determined by law. Therefore, it is preferable to verify the prescribed fees before submitting the lawsuit.
Dates:
After the lawsuit is accepted, the court or competent authority sets the date of the first hearing, and the parties to the dispute are notified through the approved means. The period for setting the hearing may differ from one case to another depending on the nature of the dispute and the number of cases being heard before the court. Hearings may also be postponed when necessary to complete documents or exchange memoranda between the two parties.
Notifications:
The company is notified that a case has been filed against it, along with the case details and hearing date, so that it can prepare its defense and submit any documents it has.
Common Mistakes That Weaken Your Case Against the Company
There are some legal or procedural mistakes that may affect the course of the lawsuit or reduce its chances of success. Therefore, it is important to avoid these mistakes from the beginning of the dispute until the judgment is issued. These include:
Filing the Lawsuit Before an Incompetent Authority:
Choosing the competent judicial authority is one of the most important litigation steps, because filing the lawsuit before an incompetent authority may delay deciding it or cause it to be referred to another authority, which unnecessarily prolongs the dispute.
Not Keeping Evidence and Documents:
Courts rely on evidence to prove rights. Therefore, not keeping contracts, invoices, correspondence, or any documents that support the claim may weaken the claimant’s position.
Submitting Unclear Requests:
The requests included in the statement of claim must be specific and accurate, because ambiguity or failure to specify what is required from the court may make the lawsuit difficult to consider or lead to rejection of some requests.
Delay in Taking Procedures:
Some claims may be subject to legal deadlines or specified periods. Therefore, delay in filing the lawsuit or submitting the complaint may affect the possibility of claiming the right or result in legal effects that differ according to the nature of the dispute.
Starting Procedures Without a Lawyer When Needed:
Some cases are simple and can be handled by the rights holder themselves, but complex disputes or disputes with significant financial value may require careful legal study. Seeking the assistance of a lawyer in these cases helps choose the correct procedure, draft requests legally, and avoid mistakes that may affect the outcome of the case.
Best Law Firm for Filing a Case Against a Company in Saudi Arabia
If you want to file a case against a company or need to assess your legal position before taking any procedure, Nawaf bin Awad Al-Harbi Law Firm and Legal Consultancy provides the necessary legal support to help you protect your rights and follow the legal procedures correctly, starting from studying the dispute until the judgment is issued and enforced. The firm’s services include:
- Studying the dispute and determining whether a lawsuit can be filed or whether submitting a complaint is sufficient.
- Determining the competent court or authority to hear the case according to the nature of the dispute.
- Reviewing contracts and documents and analyzing evidence before filing the lawsuit.
- Preparing the statement of claim and drafting legal requests accurately.
- Representing clients in cases filed against companies and following up on litigation hearings.
Contact now with the best labor cases lawyer to obtain specialized legal consultation, with a review of your position, determination of the competent judicial authority, preparation of the statement of claim, and follow-up of litigation procedures to ensure the protection and claiming of your rights according to Saudi laws.
Conclusion
The method of filing a case against a company is not limited to submitting a statement of claim or a complaint. Rather, it begins with understanding the nature of the dispute, choosing the competent authority, and preparing the evidence and documents that support the claim. The more correct the procedures are from the beginning, the greater the chances of reaching a fair solution and protecting rights as quickly as possible. In the case of a complex dispute or high-value claims, seeking the help of a specialized lawyer helps manage the case efficiently and avoid many mistakes.
Frequently Asked Questions
Is It Required to Submit a Complaint Before Filing a Case Against a Company?
Not in all cases. This depends on the nature of the dispute and the competent authority. Some disputes begin by submitting a complaint to an administrative authority, while other lawsuits may be filed directly before the competent court.
How Long Does It Take to Decide the Case?
There is no fixed duration for all cases. The time required to decide cases differs according to the type of dispute, the number of hearings, the complexity of the facts, and the completion of documents and legal procedures.
Can a Lawsuit Be Filed Against a Company Electronically?
Yes, the Ministry of Justice provides many electronic services that enable individuals and establishments to submit the statement of claim and follow up on its procedures through the designated digital platforms, including the ability to file a lawsuit against a company.
