Law and You by Mohammed Jaber Nader

S.N. I want to know how to find somebody whose last known residence was in Jeddah. The background is that a couple got married in 1984 but have been living apart since 1989 with the husband presumed to be in Jeddah. The wife, being left alone since then, wants to re-marry now but in order to do that she is required to try to find the husband before petitioning a court. Please advise.

This matter is delicate and should be done through a licensed lawyer at your end, together with the cooperation of a licensed lawyer here. Regarding the cost, only the lawyer who will help you here can tell about his fees. It should be between SR1,000 to SR2,000 plus the cost of advertisement in a newspaper, if necessary. But, before that, try to find that person? People do not just disappear. Try to know about his whereabouts from his relatives and friends who know both the husband and wife.

S.A. I joined a reputable company after the transfer of my sponsorship in 2005. In August 2007, my new company was sold. But, before that I resigned. My iqama is still in the name of my old sponsor. Recently, I submitted another resignation letter to the new management saying I am going to stop work from 1-2-2008. In response, I received a termination letter on 21-1-2008, which said my contract won’t be renewed and my last working day would be 31-1-2008. In response to the termination letter I requested for a no-objection certificate in order to work in another company. The company said I had only one month to transfer my sponsorship to another company. On 22-2-2008, I submitted an offer letter from another company and waited for eight days for their reply. I joined the new company on 1-3-2008. Subsequently, I went to my old sponsor and again asked for a no-objection letter. Now they said I must prepare for the final exit along with my kids and wife. In one of your articles in Arab News you said that if the management changes, it would be up to the employee to decide whether to continue with the old company or quit. You also said that if an employee is not willing to work with the company, the employer must release him. Please advise.

It is true. I may have written that according to law if a company or business establishment is sold to a new owner, an employee of such an entity may resign and opt not to work under the new owner. But I have not said that the employer in this case must release the employee to work with another company in the Kingdom. I have repeatedly said that an employee here does not need a release. If he opts not to continue with the old employer, he is free to work with another employer and the old employer cannot stop him. But the transfer to another company is a different issue. Allowing such a transfer is at the discretion of the old company. In case the company refuses to transfer your iqama, the only way left for you is to leave the country and return with a fresh visa to work with another employer. You can also bargain with your old employer. Forgo some of your entitlements and you will also save them the air ticket. The bargaining may help.