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Friday 3 July 2009 (10 Rajab 1430)
 

Law and You by Mohammed Jaber Nader

 
 

M.S. I have been working at an international school in Riyadh since September 2004. I worked for them for three years without receiving any allowances. Then in February 2008 my sponsorship was transferred to them. My appointment letter says: “You will be governed by the revised terms and conditions of Service-General.” The school management has not shown us this “Service-General” even after employees asked to see it. What does Saudi law says about this? In our school everyone — from peon to principal — is paid a basic salary plus a housing allowance and other benefits. I was the only employee not receiving any extras. After some struggle, they recently agreed that they would start paying me all benefits, but the date from where they want to count it is the day my sponsorship was transferred to them.

It is against Saudi labor law to deny showing you the Work Organization Regulation (WOR) of the company, which must be what they mean by “Service-General.” Every establishment with at least 10 employees must have a WOR available to employees upon request. If they have agreed to give you the additional benefits it is probably because their WOR provides for it. It must be given from the first day you joined officially. Although it is your legitimate right, any period served before your transfer of the iqama would be very difficult to get. Try to settle this amicably with your company.


 

P.K. I am a 25-year-old Indian and the profession stated on my iqama is “Computer Engineer.” I was born in Saudi Arabia and am under my father’s sponsorship. After I found my first job in Riyadh I transferred the sponsorship to the current employer on a verbal agreement that he would release me later without objection. But now the employer is reneging on the agreement and I have no contract. I found some excellent opportunities with very good companies, but unfortunately I cannot join any of them unless I get a release from my employer. I have been working for my current employer since August 2006. What do you suggest?

This happens quite often when an employee decides that a verbal agreement is sufficient. The law is clear in this matter: There is no way to compel your employer to give you a no-objection certificate. He can simply deny that he made a verbal agreement with you. Your best option — if you can’t convince your employer to release you — is to wait until your iqama needs to be renewed and announce your resignation with a 30-day notice. If you resign now, you will have to leave the country for a year before you can return for a new job.


 

J.S. I am a medical technician who’s working in a hospital in the southern region of the Kingdom. I took a licensure exam twice without passing. I want to take it a third time, but the Saudi Commission for Health Specialties instead discharged me with an exit letter. Other countries give three tries for such an exam and the commission has been known to grant licenses to others who have not taken the exam. I e-mailed the commission to no avail.

These matters are not solved by e-mails. The regulations in other countries might give you three attempts at the exam, but that doesn’t mean Saudi Arabia follows what other countries do. Read your contract well. The best recourse is to check with the authority personally or at least by telephone to find out the reasons for the exit letter. Go to Saudi Ministry of Health website to check regulations.


 

Z.T. I am an employee who has access to my company’s confidential work. What are my rights and obligations according to the law?

Confidentiality concerns the following matters: Any information concerning the company’s business plans, partners, innovative strategies, customers or accounting and other financial matters. An employee must never divulge these items to others outside or inside the company or to anyone who is not officially authorized. Violation of this term can make you financially liable for any harm done to the company. The law says an employer may compel an employee not to work for a competing company for up to two years, but keep in mind that even after this probationary period you can be sued for divulging company secrets.


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