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Sunday 5 July 2009 (12 Rajab 1430)
 

Law and You by Mohammed Jaber Nader

 
 

P.B.J. I joined my company on Dec. 1, 2000. My basic salary now is SR3,800, plus accommodation and company car. I have decided to quit this job and want to join another company. When should I inform the present company that I am resigning from work and do not intend to renew my contract. Should it be two months prior to my planned departure, or is it one month? What will be my end-of-service (ESB) entitlement upon completion of my contract? When should the company provide my ESB: at the time I leave or the time when I transfer my sponsorship to the new employer?

Since you’ve been at that job for more than three years, your termination date is the expiration of your work visa. You must give at least 30 days’ notice. Your ESB is paid when you leave. The ESB is calculated on your last monthly wage (LMW), which is your basic salary plus the value of all of your benefits. You get half LMW for each of your first five years of service and a full LMW for each year after that. Any part of a year served is paid proportionately by calculating the per-day value of your LMW and multiplied by the number of days you’ve worked into the final, partial year of employment.


 

M.A. I came to Saudi Arabia on a company-provided work visa in January. After joining them, the company revised the contract terms down by 50 percent. I am not comfortable with this and asked the management to send me back to my native country along with my family. The company is now asking me to reimburse the cost of the visa and other charges. What are my rights?

What your company is doing is cheating, plain and simple. Your company must pay in full your entitlements to the end of your contract period if a termination date is specified. If there is no termination date, then the date of the expiration of your residence permit is considered. They must pay for your return ticket. If they do not agree to this, do not resign or stop showing up to work. Go to the Labor Office with an interpreter and file a complaint. They will investigate the situation and help you if you are able to convince them.


 

J.J.K. I went to my country with my family. I came back early with my children while my wife intended to stay for a few more months. Later she could not return within the date limit of the exit/re-entry visa. Now it is more than three months since her re-entry visa expired. Is there a way to bring her again on the same visa?

With the help of your employer, you may approach the Passport Department with the reasons why your wife did not return in time. They will usually provide an extension.


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