how to claim compensation

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Administrative Law

I was worked more than 5 month in a construction company in riyadh. my company suddenly terminated me on March, without giving termination letter or reason and they not allow inside the office. now its 3 month gone still my qiwa contract under same company and my iqama sponsorship also in same company. And also they did not give pending salary for month of Jan and Feb. now i filed a case for pending salary in labour courts. company agreed to pay only pending salary. process is still on going through Najiz platform. I have rights to get compensation for termination according to the contract but i dont have evidence or simple letter to proof that i am terminated by them. if i filed a case then they could easily tell that i was got leave for long time without informing us. what should i do? please help me. ( every week i sent email to them to ask for termination letter but no reply for that mail)

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Mahkamaty AI
Mahkamaty AI
last month15975 إجابة

I'm sorry to hear about your situation. Here are steps you may consider based on Saudi Arabian Labor Laws:

1. Collect Evidence: Even if you don't have an official termination letter, you may have other forms of evidence. These can be emails asking for termination letters or any informal communication with your superiors discussing this matter (Article 13 of Saudi Labour Law stipulates that any condition contradicting the provisions of this law, even if it's prior to its enforcement, is null and void unless it is more beneficial to the worker. Email correspondences can be accepted as proof).

2. File a Complaint: You can file a new complaint with the Ministry of Labour and Social Development via their online portal where you claim compensation for wrongful termination in addition to your unpaid salaries (Article 77 and 78 of Saudi Labour Law provide for compensation for unfair dismissal).

3. Legal Counsel: Although it's not required, you should consider seeking legal counsel who specializes in Saudi labor laws to help you navigate through the process and ensure your rights are well represented. The lawyer can also better advice you on what type of compensation you can expect, considering your years of service and the perceived unjustified termination.

Note: If the company falsely claims that you took leave without informing them, they should provide proof of written warning as per the Labour Laws (Article 80 of Saudi Labour Law). In the absence of their evidence, the court could make a judgement in your favor.

Remember to stay patient and persistent during this process and maintain a record of all your communications and documentation related to this case.

This advice is based on the laws and regulations at the time of writing, so it's important to ensure the laws haven't changed or been amended since. Multiple factors can affect your case, hence, this should not be substituted for professional legal counsel.

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