Case reconsider

Dear Mr. Mudassir Faizan,

I understand the complexities and difficulties you are facing in this challenging situation. After reviewing your case, here are a few points based on the KSA labor laws which may assist you in your situation.

Prime ordinances for your situation fall under The Labor Law, issued by Royal Decree No. M/51, 23 Sha'ban 1426 (27 September 2005).

The sponsor's actions contravene Article 61, which states that "The employer may not allow the worker to work for others, and may not employ workers who are under the sponsorship of others." This means your Kafeel violated the law by not providing you with work and thus left you jobless.

Article 77 states that "If the contract is made for a specific term, either party may terminate it before the expiry of its term if the other party fails to fulfill his obligations or if there occurred unforeseen circumstances necessitating its termination. In such a case, the party desiring the termination shall notify the other party in writing before at least thirty days in the case of monthly paid workers, and fifteen days in the case of other workers. The party causing the termination shall be liable to compensate the other party, provided that such compensation shall not exceed the wage of the worker for half a month for each of the remaining years of the contract. The amount of compensation shall be calculated on the basis of the last wage in the case of the worker remunerated on a time basis, and on the basis of the average wage in the case of the worker remunerated on piecework basis."

Given you claim you did not terminate the contract and that it is still active, your employer's case appears to be inconsistent with the article 77 requirements as you did not initiate contract termination.

Regarding the expiration of your Iqama, under the law of Saudi Arabia, an employer cannot let an employee's Iqama expire. If they do, they fail their terms of sponsorship under article 40, which states, "The employer shall bear the fees pertaining to recruitment of non-Saudi workers, the fees of the residence permit (Iqama) and work permit together with their renewal and the fines resulting from their delay, as well as the fees pertaining to change of profession, exit and re-entry visas and return tickets to the worker's home country at the end of the relation between the two parties. The employer shall not deduct any amounts from the worker's wages against these fees."

With your detailed explanations, it would seem that your dilemma is, legality-wise, in your favor. My suggestion is to get in touch with your embassy and provide them with these pieces of information. Press them to help you in organizing the necessary documents and appointments with the labor court.

Please be reminded that my advice is strictly based on the limited facts you shared with me, and additional facts might change the context and yield a different legal course of action.

I hope you can resolve your issues soon. Please don’t hesitate to reach out with any further questions.

Sincerely,

[YourName]