Law & You - 2010 No. 21

He replied yes, but it was not specified in the contract. He looked trustworthy, so I did not argue. How can I avail my vacation? I understand that the law says that an employee is entitled to an annual vacation of 21 days, for each of the first five years of service, and 30 days for each year thereafter. Would this law apply to me, even if it is not written in my contract? — A.B.C.

Yes, the provision in the law regarding vacation is mandatory. You get your vacation according to the law even if it is not mentioned in your contract. You get your vacation only after you have worked for 12 months, but you can divide your vacation with the agreement of your employer. For your two years you are entitled to 42 days.

Q. My husband was traveling back to his country without the knowledge that his iqama was canceled after he was declared an absconding worker by his sponsor. He was subsequently arrested and is considered an illegal resident of the Kingdom. He has been in jail for two months. Is there any way to get him out?   — A.S.D.

I do not think that the Passport Department pays much heed to such claims. Be careful, if you mention such matters to them then you might end up in more trouble.

Q. I want to travel to the UK and the profession on my iqama is “worker.” Can I travel? If yes, do I have to obtain any papers from my sponsor? — Z.X.C.

You will need to consult the British Embassy or local British Consulate for those answers.

Q. I need your help in order to know the correct amount of my end-of-service benefit (ESB). What my company is offering seems unfair. I started my job with the present sponsor, now part of a group of companies, and was placed to work in one of their divisions in June 1979. In 1991, the company calculated and paid my ESB up to March 1991 — the first five years at half salary and the rest years at full salary. From July 1, 1993 the company asked me to work for another division at full salary and other benefits. I am still working there under those terms. They terminated my position from July 31, 2010 and offered my ESB for the period from July 1, 1993 to July 31, 2010 —17 years. They calculated my ESB on the basis of first five years at half salary and the remaining 12 years at full salary. They did not take into consideration that period of more than two years between March 1991 and July 1993.   — Intezar

Whether they paid your ESB in March 1991 or not, your entire period of work for that sponsor began in June 1979 and ended in July 2010. This means the first five years from June 1979 at half salary (your last monthly wage plus benefits) and a full salary for every year after that, after June 1984. You calculate any additional days of this work period by dividing your last monthly wage plus benefits by 365.25 and multiplying that by the number of extra days, then adding that sum to your ESB. Obviously, you include March 1991 to July 1993 and you subtract what they paid you in March 1991 from this total. For any unclaimed paid vacation leave, you are entitled to at least 21 days worth of unclaimed paid vacation days for the first five years and at least 30 for the remaining years. (This is the minimum set by the law and doesn’t include any extra days your contract may state.) You are also entitled to a certificate of service mentioning your job and period of service. Unless you are hitting the age of mandatory retirement, you can also request a no-objection certificate that would allow you to immediately work elsewhere in the Kingdom. However, employers are not required to provide this by law. And, of course, if you are returning home your employer must provide the ticket home.

— Answers given by Muhammad Jaber Nader

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