Work Contract Legal Advice

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Administrative Law

Dear Sir,

We are seeking for legal advice. I am a western working in Saudi Arabia (expat).

Employer gave a formal letter (hard copy) with higher management signature(director) informing me that contract will last 2 more years with a specific month and date (September 2023 to August 31 2025). Employer stated in the letter that work is extended for additional two more years.
However, contract ended after a year and still owes us another more year according to the formal letter given.

Problem is the employer did not really let us sign and/or gave us the legit contract with benefits, salary etc included.

They let us sign and give notice July 23, 2024 that contract will end August 31, 2024.

It is very unprofessional to give a formal letter informing the worker that company will be extended for two more years then after a year they said it is not renewed. Even we asked for a contract to be signed last 2023, but they just gave this formal letter.

As a worker, what should be our rights regarding this matter?
Thank you for your enlightenment.

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Mahkamaty AI
Mahkamaty AI
last month15975 إجابة

Given the scenario, there are several labor laws within Saudi Arabia that may apply to your situation.

As per Saudi Labor Law pursuant to Royal Decree No. M/51 dated 23 Shaban 1426 H, as amended by Royal Decree No. M/24 dated 12 Rabi' I, 1434 H:

1. **Article 37:**

The contract of work must be written out.

2. **Article 38:**

Every contract must contain the agreed wage between both parties.

3. **Article 41:**

The contract may be renewed for a similar term or for a specific term.

If your employer gave a formal letter signed by a director and provided it to you in 'good faith' stating that your employment would be extended for an additional two years, this intent should ideally meet the criteria for a binding arrangement under Saudi Labor Law, whether it may be regarded as an official employment contract or not.

In reference to **Article 74**:

If there is no written contract or its term has expired while both parties continue to implement its terms, it shall continue to be effective until ended by one of the two contracting parties, except for contracts requiring specific arrangements which become exhausted upon the expiry of their periods.

In your case, the employer has only exhausted one year out of the additional two mentioned in the letter. Therefore, if the terms of the initial contract are still being followed, they are obliged to honor your existing contract for the rest of the duration as promised in the letter.

Saudi Labor Law also protects employees from arbitrary dismissal and provides remedies under such circumstances. Specific to this, under **Article 77 and 78**, if the worker is awarded an arbitrary dismissal, he has the right to demand compensation from the Commission for his service but it should not be less than two months' wages for every year of employment.

While dealing with such matters, please be cautious and consult directly with a lawyer or legal authority in KSA to obtain the most precise advice for your distinct circumstances. Although these are the outlined protections offered to workers under Saudi Labor Law, personal circumstances may differ, and in such a case, professional legal advice should be sought.

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