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Friday 16 October 2009 (26 Shawwal 1430)
 

Law and You by Mohammed Jaber Nader

 
 

S.B.I. I was informed in January that my last day of employment would be Aug. 31. The letter stated that I would be given one-month severance and other allowances in accordance with the law. Please let me know how to determine this compensation with the following information: — Starting date: Feb. 7, 2004. — Last day of employment: Aug. 31, 2009 — Last monthly wage (LMW): SR4,000 plus medical coverage — Paid vacation time owed: 30 days, plus unclaimed round-trip ticket I also worked six months and several days into a new period of time where I am owed paid vacation leave for that portion of a year. How should my company pay me for this? Please provide an estimate of my end-of-service (ESB) benefit using this information.

A: First of all, your contract ends on the expiration date of you iqama, not when the employer decides your last date to be. Your employer is expected to justify any premature work termination prior to the date your work permit expires. It is possible for the employer to justify this measure, but your employer must do that if challenged. Your employer may have legitimate reasons, but the company cannot arbitrarily decide what day is your last day of work. Otherwise you are owed through the termination date of your iqama. But let’s work with the information you provided.

You have worked five years, six months and 24 days. Your medical coverage is included in the LMW based on your employer’s contribution to your health plan, whatever sum that may be.

However, your employer compensates a clinic directly then you cannot claim any extra for medical coverage. If you have a sum, then the LMW is 4,000 plus a year’s worth of employer contribution to medical coverage, divided by 12.

I am going to continue with this calculation by assuming the LMW is SR4,000. For each of the first five years, you get half of your LMW, or SR2,000 multiplied by five, which equals SR10,000.

For each year after five years you get a full LMW. So that first six months of your sixth year is equivalent to half of your LMW, or another SR2,000. So your new sub-total is SR12,000.

To calculate the sum for those remaining 24 days you need to determine the daily rate of your LMW. Divide your LMW by the number of days in the year: 4,000 multiplied by 12 (months) and divided by 365.25 (days), or SR131.4 per day. Then take that daily sum and multiply it by 24 days to get SR3,153.6.

Your new subtotal is SR15,153.6. As to vacation, you get a full LMW for those 30 days of unclaimed time and unclaimed ticket. For the six months and X number of days, you get half of your LMW for the six months and then prorate the difference for those extra days. I have not included this because you didn’t say how many days you worked past six months. Your new ESB subtotal is SR21,153.6, not counting any possible medical compensation as stated above.


 

S.A.E. My daughter has been a doctor at King Abdul Aziz Specialist Hospital for the past 10 years. She is married to a man who was deported for working for somebody other than his sponsor. After his deportation in January 2007, he returned to the country on a visitor’s visas. My daughter has a two-year-old girl and just gave birth to a baby boy two months ago. When she went to register the birth, the officials refused to put the boy on her iqama because her husband does not have an iqama. Officials have instructed her that her baby and her husband must live in Pakistan. Please advise.

This kind of thing can happen when an immigrant breaks the law by working for somebody else illegally. It’s going to be easier to fix if you do this with your husband’s presence the next time he is here on a temporary visit visa. Your consulate may be able to help, too.


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