Law and You by Mohammed Jaber Nader

R.J. My employment contract says that my company will provide me Saudi Arabian Airlines economy-class ticket for my travel home. But the airline does not operate flights to my native place. I have no other option but to use another carrier and my company is refusing to reimburse the amount I paid for my ticket. Please comment.

Your employer is not right. Article 40 of the Labor Law says: “The employer shall bear the costs of the foreign workman’s recruitment, the fees for issuance and renewal of his residence and work permits, as well as the attendant delay fines, profession change fees, exit and re-entry visa fees, and return ticket to the workman’s homeland upon termination of the relationship between the two parties.” Your homeland is defined as the city from where you were recruited. If Saudia takes you to this location, great; if not, the employer must pay regardless. You employer can, if he chooses, send you to the main city via Saudia, but he must also cover the expense of the connecting flight on another carrier as well. Your employer is compelled to offer you home ticket by whichever airline available, Saudia or any other.

M.M.L. I worked as an architect for an establishment from July 2, 2001, to Sept. 20, 2008. On Sept. 9, I was given a termination letter. I was asked to stop working from Sept. 20, because the letter said, the company did not require my services anymore. In my ESB calculation that they made, I noticed that my company deducted the fee for my recent iqama renewal. Is it fair? Is it a specified-period contract (SPC) or an unspecified-period contract (USPC)? What is the correct end-of-service-benefit (ESB) value in my case?

An SPC is a contract with a specific termination date. Your contract would be USPC if it were open-ended, where no date is fixed for its termination. If you have a SPC then you are entitled to your salary up to the last day of your contract, i.e. Sept. 20, 2008. Your end-of-service-benefit will be half your last month wage (LMW), i.e., half of 4500+1125 for each of the first five years and full LMW for the ensuing two years. For the remaining 81 days of the eighth year, you deserve (4500+1125) / 365 days x 81. If on the other hand your contract is USPC, your ESB will be one third of LMW for each of the first five years, plus two-thirds LMW for each of the two ensuing years, and in the same proportion for the remaining 81 days. Regarding your iqama fees: Unless you have agreed beforehand and in writing your employer is legally bound to cover that expense. Try to explain the law to him. If he refuses to listen to reason, then you can complain to the Labor Office in your area, which will summon him and explain to him the matters I mentioned above.