JEDDAH: The National Society of Human Rights (NSHR) is investigating a case where an Egyptian worker, who has already been granted a ruling in his favor from the Ministry of Labor, cannot compel his sponsor to release him to find work elsewhere.
The worker, identified only as Samir who works for a leading local perfumery (name withheld), told Arab News on Saturday that his employer is threatening to report him for deportation if he resigns.
He also said it took “over two years” for the Ministry of Labor to come to its decision in his favor. Still, he says he has been forced to approach the NSHR because his employer is flouting the ministry’s ruling with impunity. Under Saudi law if a worker wins a ruling against his or her employer, the employer is not only expected to abide by the ruling but also to pay salary for the time involved in litigation.
“My request for transfer of kafalah (sponsorship) was rejected by my employer even after the Higher Commission for Settlement of Disputes at the Ministry of Labor ordered that I should be allowed to change my sponsor,” said Samir, who claims his employer initially agreed to the release if Samir forfeited his end-of-service benefit as well as other rights.
After agreeing to these terms and submitting his resignation, Samir claims his employer changed his mind and refused to provide a no-objection certificate that would allow the worker to legally find work elsewhere in the Kingdom.
“When all my pleading with the employer failed, I complained to the Ministry of Labor and after waiting over two years the Disputes Commission of the ministry issued a order in favor of me,” he said.
However, the employer did not obey the commission’s order. He also learned that his employer used to mete out the same treatment to several other workers who decided to leave the job. The latest instance was two months ago when one of his colleagues was arrested and deported when he decided to look for job elsewhere, the worker said.
“When I learned about the unfair practice of my employer I decided to fight for my legal right. When my efforts with the Ministry of Labor failed, I approached the National Society for Human Rights as a last resort, “ he said. Samir said he has suffered hardship through this process because he has a family but no income. NSHR Deputy Chairman Saleh Al-Khathlan told Arab News that Samir’s case is not unique, citing another recent case in Makkah where a worker was turned in and deported just before Haj without his benefits even though the courts ruled in his favor.
“The laborer was arrested and deported in an illegal manner while orders were issued in his favor,” he said. “The NSHR wrote to the Makkah governorate and the Ministry of Interior that his detention and deportation were wrong.”
