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Friday 30 October 2009 (11 Dhul Qa`dah 1430)
 

Law and You by Mohammed Jaber Nader
 
 

A.L.P. There is a clause in my contract saying that if an employee wishes to terminate his or her contract, then he or she has to give three months prior notice or otherwise give up a one month’s salary in lieu of the notice. My employer is now saying that he has the right to hold me and that he will not allow me to leave until he arranges a replacement for my position, even if I complete the three months notice. In this regard, please advise me whether what my employer says is legal and what I should do?

This is a sad question, but a good one and you will see why. Some employers do commit such atrocities against their employees. You not only need to know the law, but also know what to do under certain circumstances and in particular conditions.

To answer your question, it is certainly wrong, offensive and most abhorable for an employer to even mention a thing like this. The cause of this type of behavior is the fact that employees do not know their rights and our system is lenient. Some employees also act as slaves to encourage such treatment.

I have no idea what kind of a company you are with, but if you are intent on leaving, then whatever you do you should not wait till the last moment and do not resign no matter what.

You do not have much time. Write to the management. There should be no verbal talk; it should be in writing and with a request for a reply. When you submit your letter, have two persons with you to witness the submittal as probable future witnesses in case the manager refuses to sign an acknowledgement. Mention in your letter that you will be giving notice soon to terminate your agreement and that you will stop work immediately. Write that you are requesting the company to prepare a replacement, finalize your accounts and complete your travel papers, as you will be leaving the country immediately. If this person refuses, then go to the Labor Office and file a complaint. They will help you in the matter to your satisfaction.
 

S.S.T. I joined a company last year and transferred my sponsorship from my father to the company. I would like to know the following: 1. The company states that sponsorship transfer fees are to be paid by the employee as per company policy. Can the company policy be different from the labor law and do I have the right to file a complaint in a labor court if the company does not pay for my transfer fees? 2. I recently got married; my wife was legally resident in the Kingdom. After marriage, I took her under my sponsorship. I would like to know who will bear the cost of this transfer — my employer or me? 3. Has my employer the right to send me on exit after the termination of my contract or resignation after a 30-day notice period?

Some provisions of the law are mandatory and they cannot be contradicted. These provisions include 21 days of vacation for each of the first five years and 30 days after that. All other issues are subject to agreement between the parties. One of these is: Who pays what?

2) You bear your wife’s expenses of course, unless your company agrees to do that. The law leaves this to agreement.

3) If an employee terminates his service, his employer can no longer process his papers to remain in the country. Then, the authorities will deport the employee, as he has no more business to stay. In this case, the employee has to remain outside the country for at least one year before returning. If the employer agrees to allow him to work for another employer, then he may transfer his residence permit to the new employer.


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