Law & You - 2010 No. 9

Author: 
ARAB NEWS
Publication Date: 
Sat, 2010-04-03 03:33

 
You were arrested, tried and received your punishment. According to Shariah, that exonerates you from further punitive action. You were given a certificate of clearance. In another incident, you tested this clearance and it was confirmed. Now you are afraid of the future. You must not worry at all about the future. Do not depend on rumors; just the facts and declared regulations from responsible persons. What the ignorant people in your company are telling you defies the basics of law and society anywhere in the world. How can you believe it? Carry on your normal life, renew your iqama, go to Germany and come back. You are absolutely safe.
 

 
Your ESB is calculated on the basis of your last monthly wage (LMW), which is your monthly salary plus all other allowances monthly averaged. You are given half LMW for each of the first five years and full LMW for each year above that. Any part year of service is paid proportionately. Whatever you were given in 2004 is considered as advance payment from your final ESB. When you finally terminate your service with your company, that advance you took in 2004, will be deducted from your final ESB and the rest should be given to you.
 

 
First of all, there is no such thing as an “independent visa.” One can only arrive in Saudi Arabia for work with a specific employer; doing so otherwise is illegal. As in your case you have a specified period contract that ends next year, you should submit in writing to your employer your wish not to continue work. This should be done before the period given for notice in your contract, if any. If your contract simply stipulates the date of termination without a period of notice not to renew, you may simply work to the last day and then stop work. Of course, out of courtesy you must inform your employer that you will not continue work after the designed date. When you leave be careful not undertake work with another company. The only way to force release and transfer from the employer to another employer is to have it written in the contract when you sign it as a condition for work. Then, the employer may be sued at court to honor his promise. I wish all guest-employees remember and apply that, to avoid these problems. Because you do not have such a stipulation in your contract you depend only on the good faith and consent of your employer. You may have to negotiate with your employer if he is of the greedy sort and waive some of your end of contract privileges, such as ticket home, untaken vacations or all or part of your end-of-service benefit.
 

 
Terminating your service during your vacation, without giving you a reason is illegal and unethical.  You may consider yourself still on the payroll and if your company insists you may complain to the Labor Office in your area. Unless, you company can justify on legal ground what it has done, it will have to pay you for every day you are out of work.
 

 
You cannot be given overtime for it, as it is actually a vacation you will compensated for, not overtime. You are claiming unpaid vacation. If, on the other hand, you were asked to work during a vacation (giving up those paid vacation days completely) then you would be paid overtime. The only way to have claimed that as overtime would have been to agree beforehand with your employer that you were foregoing the paid vacation leave for that year (and the next year) in return for working overtime.
 

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