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Tuesday 20 October 2009 (01 Dhul Qa`dah 1430)
 

Law and You by Mohammed Jaber Nader

 
 

SA I recently fell sick and went for treatment at a hospital near my residence. My company refused to pay the bill, arguing that I should have used the hospital that they stipulate. I knew about this condition before, but I decided to go to the nearest hospital because I was concerned. My contract states that “medical expenses will be paid and that the Saudi Labor Law will apply in case of sickness.” It doesn’t state in my contract that I must use a particular hospital. Is my company legally correct to refuse payment?

Your company is right. The law enjoins that the employee should either go to a specified medical facility chosen by the employer, or to a government facility. You knew about your company’s regulations, which are in accordance with the law. The law also enjoins that the employee undergoes diagnosis and treatment with the knowledge and supervision of his company. You did this without your company’s consent. You will have to bear liability for non-compliance. The only way for you is to explain your circumstances to your company, and if they still doubt your statement, you may ask them to refer you to the doctors of their choice to confirm your statement. It is within your right to do that.


 

PSI Which authorities are to be contacted in case of a dispute with the employer? What is the preferable course of action to solve the dispute? What is the difference between a Labor Court and a Shariah Court?

The preferable way is the amicable way, which I advise you to take. The competent authorities are firstly the Labor Office in your area. If you are unable to reach an amicable settlement, then you may complain to the Labor Office. If you do not know Arabic well, take a good interpreter with you. The Labor Office will try to reconcile the parties and explain the law to them.

If no agreement is reached, then the Labor Office will refer the dispute to the Labor Court. This is a special court for only labor disputes. It is different from the Shariah Court, which is a general court for all matters.


 

SAE I want to know the rule regarding a person who leaves the Kingdom on an exit/re-entry visa and, then, does not return for such a time that his visa expires. In such a case, after how many months or years can this person apply for a new visa? I heard this is possible after one year.

It is one year. But one has to clear the nonreturn, as he may have been registered as an escapee for not returning. This clearance is done with the help of the former employer and the Passport Department.


 

S.W. I have been working for a reputable company in Jeddah for two years. This company has recently asked me to accept a revised package that is 30 percent less than what I am presently getting. I have instead asked the management to send my family and I home. The company is saying that if I opt to go home then I will have to pay visa costs and other costs incurred in bringing us here. Is there any law stipulating that employees should bear all such charges in case of a resignation?

You have the right to refuse the new offer from your company. If they insist, you may complain to the Labor Office who will help you in making your company pay for the visa expenses. Do not resign or stop work. During work hours go to the Labor Office and submit your complaint. All the time you spend resolving this dispute will be on your company’s account.


 

P.E. I just transferred my sponsorship from that of my husband to a government specialist hospital. My contract states that I am not eligible for a housing allowance or home-visit airfare because I was locally hired. Please advise me on my rights in this regard.

Your rights are governed by the stipulations in your contract — no more and no less. Government contracts are usually more benevolent than that. It is not understood why this government hospital should act in this way. There is nothing you can do in your case except talk to the hospital’s higher authority or Ministry of Health to look into your case and help you.


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