Click on icons for more stories

 

Wednesday 24 June 2009 (01 Rajab 1430)
 

Law and You by Mohammed Jaber Nader

 
 

A.P.S. I am working in a reputed company since 2002 and my basic salary is SR6,000. The company is providing me accommodation, an annual ticket, medical and a transportation allowance. In 2004 I left for vacation and could not return back because my travel documents were lost. In 2006 my company offered me my same old job and provided the visa. Now by the end of this year I am planning to terminate the contract. What will be my end-of-service-benefit and how will it be calculated?

You can’t terminate your contract just any time. That must be done according to the contract’s provisions and the law. Under a specified-period contract, an employee is entitled to half of the last monthly wage, which is the salary plus all entitlements, for each of the first five years of employment. Any additional time into an uncompleted final year is pro-rated by calculating the daily rate and multiplying that by the number of days into the incomplete year. Every year after the fifth year entitled you to one full LMW per year. If you have an unspecified-period contract, you must give at least one-month notice before the expiration date of your current iqama. In this case you are entitled to one-third of your LMW for each of the first five years, and two-thirds of the LMW after that. After 10 years in this case you get the full LMW.


 

M.S. I am working in a big house together with more than two hundred people of different specialties. This house includes a library, administrative offices, a zoo, etc. I have seen many workers leaving the jobs without receiving even a single halala of their end-of-service benefit. The sponsor says that workers in a house are not entitled to the ESB. I am working as a secretary and the same profession is mentioned in my contract. My iqama, however, says I am a house waiter. If the house owner denies paying my ESB, what should I do?

If your iqama shows you as a house waiter, you are not eligible for an ESB. Unless you go to Labor Court and produce evidence that you were actually an office assistant. Also, if you are performing a job different than the one stated on your iqama you are actually breaking the law. You knew that before you accepted the job, or before you bought your iqama from somebody. This late awakening is not going to do you much good. It is unfortunate, but this is a flaw of our labor conditions and society.


- Kingdom
- Home