Law & You - 2010 No. 26
Published: Nov 5, 2010 23:21 Updated: Nov 27, 2010 00:48
I have been working for my present company for 17 years. As I understand it, the expiration date of my iqama marks the end of my contract period. If my iqama is due for renewal in January and I plan to leave the company, I should submit my resignation in writing at least 30 days prior to that expiration date.
Should I submit my resignation directly to my employer, or should I submit it through the Labor Office. Is there a special procedure to be followed? I tried to leave the company in 2008 and again in 2009, but the management lured me to stay back with the promise of a salary increase, which I never received. Lastly, my child's exams are in March. Can I ask my employer not to renew my iqama and extend my stay in the country until after my child's exams? — X.Y.
Your knowledge of the law is good. You should focus on negotiating with your employer. After 17 years of work, your employer does not have much justification for preventing you from resigning. If he doesn't give you a raise and you decide to resign, inform your employer in writing at least one month (30 days) prior to the expiration date on your work/residency visa. You should include your request to be allowed to remain until after your child's exams. Considering the long period you have been with the company, your employer doesn't have a legitimate reason not to agree to this request. In case he is adamant and denies your request, file a complaint at the Labor Office in your area.
Because of the obstinacy of my employer I complained to the Labor Office in my area. In the first and second sessions, the labor officer (LO) heard my complaint and the response of my employer. During the two sessions, it was clear that he was sympathetic, but my employer was stubborn. The Labor Office mediator then scheduled a third session, saying if we did not come to an agreement there he would have to refer the matter to the Labor Court. I know cases that pass through the Labor Court take a very long time. Please advise what I should do. — Riyaz
The mediator explained to you the routine procedure and there is nothing you can do except to work harder to reach a settlement. If no agreement is reached you need to get the Labor Office mediator to give you his opinion in writing. This is required by the Labor Ministry to move further in the process.
— Answers given by Muhammad Jaber Nader
* Questions for Law & You may be e-mailed to arabnews@arabnews.com, faxed to +9662-2836228, or sent by regular mail to Arab News, P.O. Box 10452, Jeddah 21433, Saudi Arabia.
Comments
RASOL ABBAS
Jan 8, 2011 11:58
Report abuseI worked with the company for Six years (complete) with family status visa.
Three (3) months before the epiration of my Iqamah they terminated me and advised to look another Company to work. Before that I asked my company many times (Letters & texts) to renew my Iqamah but they refused. After that I found a new Company and give me Tanazzol and timely, my Iqamah expired. With the help of friend, I renewed my Iqamah but spent more than SR 8,000.00.
First question. Can I have a legal bases to reclaim this huge amount I spent for the renewal (with Garamah) from my old Comapny? As I explained, before the expiration of my Iqamah I sent many letters and even texts to my old Manager to renew my Iqamah with my expenses but he refused. I don't know their reasons but only said "NO".
Second Question. How would you calculate my benifits or ES?
Wassalam,
Rasol