What are the terms for Transfering of Sponsorship in Saudi Arabia?

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Commercial Law

The owner of my current company is forcing me to renew my contract with him. In which i've submitted a resignation letter 94 days prior to the end of my contract and he is not acknowledging the letter itself. He is forcing me to stay in his company in which i gave him enough reasons why i don't want to renew my contract. He did not respect my wishes. What can i do? Thank you

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Mahkamaty AI
Mahkamaty AI
last month15974 إجابة

Based on the Saudi Labor Law, there're key laws that may be applicable to your situation:

1. Article 40 of the Labor Law: Freedom of Work is an inherent right of every citizen. Everyone has the right to choose the appropriate work for them, and cannot be forced to work except within the limits set by law.

2. Article 13 of the Labor Law: “An employment contract is not considered to exist unless it is written and each of the two parties retains a copy thereof ...".

3. Article 75 of the Labor Law: “(1) If the two parties agree to renew the contract for a similar term or for a specified period, the provisions of this Law shall terminate their rights and obligations resulting from the renewal; (2) the validity of the contract shall not be valid unless the worker is in the Kingdom; and (3) any agreement to the contrary is considered void.”

4. Article 77 of the Labor Law: “Upon the end of the work relation, the employer shall provide the worker, at his request with an end of service certificate, free of charge. The certificate shall contain the worker's date of employment, date of termination and the type of work he was doing."

In this case, if you have proper documentation of your resignation and it is not being acknowledged, you can start by filing a legal claim against your employer. Based on Article 9 of Saudi Labor Law, the Ministry of Labor and Social Development is responsible for settling any disputes.

Remember, you have the right to submit a complaint to the Ministry of Labor if your employer fails to respect your employment rights. However, before doing so, you should communicate with your employer explaining your willingness to transfer the sponsorship, as per Article 13 of Saudi Labor Law.

Remember, seeking local legal advice may also be prudent to ensure that you have covered all bases and to gain a fuller understanding of your rights and obligations under Saudi law. It's important to have an expert walk you through the legal steps involved in your situation to ensure a favorable outcome.

This information is provided for informational purposes only and should not be construed as legal advice. Please consult with local legal counsel for advice pertaining to your specific situation.

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