Law and You by Mohammed Jaber Nader

Q.T.R. I am in HR work. An employee has sometimes signed a contract with provisions that are different from labor law stipulations. At times, these provisions are in the employer’s favor. In other instances, the law favors the worker. Is there a way to find out how to give the employee his rights without violating his contract and not trespassing the law.

Yes, there is a way out. Calculate the employees entitlements twice: Once according to his contract and then according to the law. Give the employee what is better. Just remember, a contract may not violate the law in any case. At the same time, the employee must be treated according to his contract if there is no explicit objection from the law, such as a mandatory provision, or state regulation or declared circular.

J.I.L. I have been working from the beginning at ABC company, a joint venture of four companies, but my visa was issued by one of the partners — the D company. I never worked for the D company, which is my sponsor, and instead worked for the ABC company. The partnership collapsed when I was on vacation. I came back and kept working in the same ABC company. I came to know that I was blacklisted by the Passport Department when I went to renew my car registration. The D company, without my knowledge, put me in a list of absconding workers even though my salary has been paid by the ABC company. Replying to an earlier query, you advised me to either seek a release letter from my employer or return to my country and come back to the Kingdom after one year. I got a release letter but the law here says that I cannot get a transfer to another company because of my absconding status and I will come under the ban, which they said is for five years. What was my mistake in this regard and why can’t I get justice? I am not in the capital but in a remote village and cannot travel beyond the check post. As you know, going to my home country and coming back on a new visa is not so easy. We have to suffer many hardships, both mentally and financially. I do not understand why the law cannot support the needy before it gets too late.