Emergency leave and convert to contract terminators

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Civil Law

Mu name uwaiz siddiqui I m from India I working in this company since last year September suddenly 10 Day's back I have emergency with my brother he's hospitalized and I ask company for 10 Day's leave they refused the leave and said go and do to the duty , on my home my brother is in critical Condition and at my home there is no gents there I already mentioned that on the leave email but they refused my leave and my mind is not set because of my brother situation I refused the duty and they said ok come to Turaif I came to riyad and the punished 10 Day's in riyad without salary and yesterday I went office they said you want to go India or go back to the duty I said my brother is hospitalized I want to go emergency leave they said you have only option to resign the job I said I don't have job in India and anywhere I contract with 2 year but they said resin or go to duty they compelled resin or terminat the contract I did and now they are telling we will take legal action I don't understand what I do they said you have 3 days in accomodation after 3 day's you need to leave .
My humble request to you

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Mahkamaty AI
Mahkamaty AI
last month15967 إجابة

I truly sympathize with your difficult situation and understand the stress you're under. In any circumstance, a legal agreement is very important, especially when working in a foreign country such as the Kingdom of Saudi Arabia (KSA). To assist you, here are some relevant Saudi Arabian laws based on your situation:

1. Saudi Labor Law Article 84: "The worker shall be entitled to a special paid leave in any of the following cases: a) Marriage leave:

a) of five days. b) Death of a spouse, or one of his ascendants or descendants: leave of three days."

Although this does not include siblings, this law suggests that Saudi Arabia's labor laws do provide for emergency leave.

2. Saudi Labor Law Article 87: "The worker who does not report back to the work at the end of his leave shall be considered as having absconded."

This law suggests that failure to return to work without permission could result in job abandonment.

3. Saudi Labor Law Article 74: "The contract shall be deemed terminated by the will of both parties in the following cases: a) Upon the expiry of its period, if it is made for a specified period. b) Upon the completion of the work agreed upon, if the contract is made for that purpose."

According to this law, you volunteered for terminating your contract when you chose to leave, but it's worth noting that you made this decision under pressing circumstances.

Based on these laws, it seems like your refusal to work due to emergency reasons resulted in the termination of your contract. According to Saudi laws, there are instances where legal action can be taken if an employee signs a fixed-term contract but voluntarily exits before the contract expiration.

I recommend that you cooperate with your company and explain your situation again, and if possible, provide evidence such as medical reports. It would also be helpful if you could find out more about your rights as an expatriate worker in Saudi Arabia. Do approach an Indian embassy or consulate official in your area if you require further assistance. They are more equipped to handle and assist in such matters.

Please note, this advice does not replace a consultation with a legal expert, I advise you to reach out to legal professionals or your embassy for immediate help.

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