Employer is not allowing me for local transfer, I need your support in this situation

Asked
|
1 answer
|
views
Administrative Law

My name is Abdul Yaseen Abdul Hameed currently working in my company from 22nd May 2023 to till date and am willing to take a local transfer. However, my employer is not allowing me to go and take a local transfer. Instead, he is threatening me that he will file a case and issue a final exit to me.

I submitted my official resignation with the local transfer request to my company through the official company email ID on the 5th of September 2024 by mentioning my last working day as the 7th of October 2024. However, I am ready to work till the end of this October.

Then they replied to me with these 3 points.

1. They are telling me that I have to notify them in writing through the electronic communication channels in the Qiwa platform only, whereas I have submitted through the company's official email.
But My question is - What about an official resignation sent through email? Is it not considered an official resignation with a notice period?

02. They are also saying that the notice period should be 60 days from the submission date on the Qiwa platform.
My question is - what about the notice period, which I have already started from the day (5th of September 2024) I submitted my resignation through the official email address to the company?

03. They are also telling me that I have to compensate the remaining period salary to the company till the date of the contract.

My concern is that this compensation for resignation is not mentioned in my contract, which is uploaded on Qiwa.
As per article 77, unless the contract includes specific compensation for the termination by either party for an invalid reason.

My question is - Is this true that have to compensate the company for remaining months' salary?

Can you please guide me and help me how to handle this situation? and allow me to take a local transfer, I planned to move today, but they haven't allowed me yet, and a new company is waiting for my local transfer.

I'm looking forward to your guidance and help as soon as possible.

Best Regards
Yaseen

0 comments

لا توجد تعليقات بعد

كن أول من يضيف تعليقاً

one answer

1 from 1 expert
Mahkamaty AI
Mahkamaty AI
last month15974 إجابة

I'm sorry to hear about your situation. Based on Saudi Labor Law, here's how it interprets the issues you raised:

1. On the matter of submitting resignation through email, although it's not clearly mentioned in the Saudi Labor Law about the medium of resignation submission, it is generally accepted in the legal field that any written communication may serve as an official means of resignation, provided it clearly indicates your intent to resign and your last day of employment. However, your workplace may have specified acceptable forms of resignation in your employment agreement or in the company's HR policies.

2. Regarding the notice period, under Saudi Labor Law Article 75, an employment contract of indeterminate duration may be terminated by either party without a reason, provided that notice is given: 60 days if paid monthly and 30 days in other cases. Again, your start date for the notice period can be disputed if your workplace has specified the acceptable form of delivering the resignation.

3. About compensation for remaining period salary till the date of the contract, you are correct. According to Article 77 of Saudi Labor Law, workers shall not owe the employer any compensation unless the contract involves compensation for termination without a valid reason and such compensation doesn't exceed half of the wage for three months or remaining contract period wage, whichever less. Assuming you have given valid notice and served it completely, you shouldn't owe the company any further compensation unless explicitly stated in your employment contract.

In the end, you should always refer to your original employment contract and any HR policies your employer has in place, as they could potentially affect your legal rights and obligations. Furthermore, the transfer of sponsorship is governed by Saudi Labor Law and Ministry of Human Resources and Social Development regulations, and an employer cannot block an employee's transfer without a justifiable reason.

You can lodge a complaint with the Ministry of Human Resource and Social Development if your employer continues to resist your transfer. Following these procedures and keeping track of your communications and actions throughout this process will help protect your rights.

I hope this guidance helps and I wish you the best of luck with your situation.

Please note, this advice is based on the most current interpretation of Saudi Labor Law. Litigation outcomes can vary depending on the specifics of the case.

0 comments

لا توجد تعليقات بعد

كن أول من يضيف تعليقاً

This site is protected by reCAPTCHA and the Privacy Policy and Terms of Service apply.