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Tuesday 11 November 2008 (12 Dhul Qa`dah 1429)
 

Law and You by Mohammed Jaber Nader

 
 

M.W. I have been working with a financial organization since Oct. 23, 2007. I signed a two-year contract with my company. During the first month of my service, my company informed me that they did not check my age, which is nearing retirement. So, I was told verbally that the duration of my contract would be one year. I was issued a letter recently that said I reached the retirement age on Aug. 31, 2008, and so my contract is terminated from Oct. 22, 2008. What is my total end-of-service benefit (ESB) as per the Saudi labor law?

You have a specified-period contract that ends on Oct. 22, 2009. Your company should have checked your age before signing the contract. Having not done that, your specified-period contract must continue to its specified term, and may not be cancelled by either party, not even you. If your company insists, that is a breach of the contract. It would have been different had it been an unspecified-period contract (UNSPC). Here, either party could have scrapped the contract. Your company could have terminated your service citing your age as the reason.

But in a specified-period contract you get as ESB for each year, half your last monthly wage, which is your salary plus all other allowances, monthly averaged regardless of the duration of your service.


 

V.S.P. I recently joined a big company. I was made to sign a contract, which stipulates that the company would give me a fixed amount of SR350 to meet my medical expenses instead of giving me full medical insurance cover. I am afraid I have to spend much more if I fall sick as the amount is not enough. Please advise.

Some insurance companies provide full medical coverage for an affordable premium payment. Get insured with one of them. At the same time tell your company that although you have signed the contract, as per the law, they are still responsible for your full medical cover and will have to pay if necessary.


 

N.L.J. I am an engineer and have resigned from my job giving a one-month notice to my company. I received a job offer from another company here in Saudi Arabia, which I accepted. My new company sent a letter to my previous employer asking the company to release me, but my former company did not respond to the request. What should I do?

Your previous company is not legally bound to transfer your work permit to another employer, unless it is mentioned in your contract. They are only obliged to give you a final exit visa. The only way you can stay here and work without having to travel to your home country is to negotiate with your ex-company to do the official paper work for your transfer to the new company.


 

P.K. I am an Indian who was working as a staff nurse in the Riyadh Medical Complex run by the Ministry of Health. On Dec. 8, 2007, I went to India on maternal leave. At the time of the delivery some complications arose and I had to undergo a lower-segment cesarean on Jan. 16, 2008. My vacation ended on Feb. 14 and I sent an application to my hospital management along with a medical certificate asking them to extend my leave. They subsequently sent the papers to the ministry for visa extension and also sent a copy to me. I checked with the Saudi Embassy in New Delhi but they say they have not yet received the papers from the Saudi Ministry of Health. Is there any possibility of rejoining the hospital. I have not yet resigned, but unless I resign I cannot apply for another job in the Kingdom. What should I do?

Somebody should follow up your case here. Obviously, your employer wants you back. The delay could be due to administrative hiccups. Tell someone to find out the current status of your case. Only then you will know the exact situation and decide what to do. There will be no problem for you getting a new job. You have already informed the hospital and are keen to return. There is no reason why you should not be allowed to return and work for another employer should you decide to do that.


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