1answer
views

Case reconsider

Civil Law
Asked
Respected Sir/Madam, My name is Mudassir Faizan, I am an Indian citizen currently residing in Riyadh, Saudi Arabia. I came to Saudi Arabia for work, and ever since my arrival, I have been facing a series of serious challenges which I am unable to resolve on my own due to my financial and legal condition. Here is a detailed summary of my situation: 1. Employment & Contract Issues: I was brought to Saudi Arabia on a valid employment contract. After arrival, our Iqama and licensing took 3-4 months to process. During that time, the company did not assign us to proper work and kept delaying. When work started, my basic salary was SAR 1200. My Kafeel later accused me of terminating the contract without reason and filed a compensation case under Article 77 of the Saudi Labor Law, demanding SAR 21,600. However, I did not terminate the contract, and the contract is still active on the KSA systems (Kiva). The sponsor stopped calling me for work and left me jobless. 2. Current Legal Status: My Iqama is expired. I have no job or income. My bank account is frozen. A Tanfeez (execution) case has already been filed and 1 month has passed since. I have no way to pay the compensation amount. 3. Financial and Family Situation: I lost my father about 9-10 months ago, and I have a certificate as proof. Since then, I am the only responsible member for my family. My mother is unwell and unable to support financially. We are going through extreme financial hardship both in Saudi Arabia and India. My Humble Request: I sincerely request you to kindly assist me by providing: A letter from the Indian Embassy or welfare body that explains my financial condition, to submit to the labor or execution court. Any support, guidance, or reference to NGOs or lawyers who can assist in resolving this case. Help in applying for final exit or waiving off compensation through proper legal channels. I am in deep trouble and unable to move forward without external support. I will be grateful for any help or guidance you can provide. Sincerely, Mudassir Faizan Iqama No: 2575164187 Location: Riyadh, Saudi Arabia
0 comments

لا توجد تعليقات بعد

كن أول من يضيف تعليقاً

one answer

1 from 1 expert
Mahkamaty AI
Mahkamaty AI
7 months ago5196 إجابة

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]

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.