Working in Saudi Arabia: Expat problems and rights
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Ezzedin Tago
Jun 12, 2009, 4:15:27 PM6/12/09
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All you wanted to know about working in Saudi Arabia, but didn't know where to ask for!
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Showing posts with label Expat problems and rights. Show all posts
Showing posts with label Expat problems and rights. Show all posts
Sunday, March 29, 2009
Expat rights upon transfer of sponsorship
These are tough times. The entire world is reeling under a severe economic depression and Saudi Arabia is no exception. Businesses folding up, bankruptcy and mergers during any recession are quite common, but the human cost involved is enormous. Expatriates working in Saudi Arabia simply cannot be insulated from what is happening around them, particularly in these tough times. Fortunately, certain rights have been inculcated in the Labor Law precisely to protect the workers against such calamities.
Articles 17, 18 and 19 of the Labor Law go at length to describe the situation and also to protect the rights of the workers. It is not uncommon to see workers of a company left to fend for themselves, when their sponsor simply winds up his business or sells it to some other sponsor. When the ownership of a firm is transferred to a new owner, or there is a change in the legal status of a firm through merger or partition, the Labor Law is clear on one thing - the work contracts of the workers would remain in force and service would be deemed as continuous. To put it simple, you cannot sack an expatriate worker simply because the new sponsor doesn't want you. All the rights of the worker including his pay as well as End of Service benefits remain the responsibility of both the predecessor and successor owners, in case of mergers.
In case of ownership transfer, if there is any change in the condition, the written approval of the employee must be taken. In case the employee is unwilling for any of the conditions, then the previous sponsor is legally bound to give the employee all his dues. He should also not object to the employee seeking employment with any other sponsor in the kingdom.
The Labor Law also throws some interesting insights if a firm becomes bankrupt. Amounts due to the workers are deemed as "first rate privileged debts". To unwind the legal jargon, what this means in simple language is that when a firm becomes bankrupt, the first right of the amounts from the sale of the firm is to the employee. Article 19 of the Labor Law is very explicit on this. The worker is supposed to be paid one month's salary as "expedited amount" to keep him going. This amount takes precedence over all other expenses including judiciary, legal, banking or liquidation expenses. In short, the law simply says to pay up the employee first before settling the bills of the debtors, lawyer fees, banks, etc.
Ignorance isn't bliss, it is dangerous. It is always helpful if you know what you are rightfully due. Hope this post was interesting.
Sunday, October 12, 2008
Expatriate Grievance Cell
Contrary to popular belief, expatriates working in Saudi Arabia are protected by Saudi law and they do have certain rights. This post is meant to throw light on some of those rights and what to do in case any of the expatriates has a problem with his sponsor. Before explaining the rights of expats, I would also like to caution that under no circumstances must expatriates violate the local law. As mentioned earlier (click this link), you have come for money, nothing more, nothing less, so do not break any law if you want protection under the same law.
It is not a bed or roses for expatriates working in Saudi Arabia. The majority of the expat population falls under non-supervisory category. Most of them are quite lowly-paid and there are certainly instances where the sponsor plays foul. Most of these cases pertain to non-payment or delayed payment of salaries, asking expats to pay for their residence visas (iqama), their exit/re-entry visas, etc. Coming from poor backgrounds, most of these men simply do not know where or whom to approach when they are in trouble. Sadly, some of them simply abscond and work illegally elsewhere till they are either caught by the police or till they voluntarily surrender themselves for being deported.
During a recent flight home, I saw atleast 50 odd people who were travelling on the same flight as mine, all of whom were deported after serving a brief term in jail. Their crime was working illegally and overstaying in the kingdom. All of them had the same story to tell - non payment of salaries and ill-treatment by their sponsors. Not one of them had a clue of what was to be done, so they took the easy route of absconding and working illegally elsewhere, till they were caught. As their passports were with their original sponsor, they had no documentary proof and all of them were jailed and later deported.
Expatriates working in Saudi Arabia must definitely be aware of the following rights:
- Timely and monthly payment of salaries as agreed upon and signed in the employment contract in the home country (Note: some of the expatriates are paid far less than what was agreed in their home countries and are forced to sign fresh contracts contrary to what was signed in their original ones once they arrive in the kingdom. This is clearly illegal).
- The cost of the residence permit (iqama) issued soon after arrival, the cost of its renewal as well as the cost of renewing exit/re-entry visas as well as final exit visa are all the sponsor's responsibility. No expatriate should be forced to pay in either full or part of any of the above.
- Fully paid vacation (unless otherwise agreed in the contract).
- Free accommodation or equivalent amount as agreed in the contract
- Free transportation from residence to place of work and back, or its equivalent amount as agreed in the contract
- Free health care. Note that health insurance for every expatriate is compulsory and the cost of the same is to be borne by the sponsor.
- Payment of End of Service benefits at the end of the contract
If any expatriate has genuine grievances on any of the above, he should contact what is known as "Expatriate Grievance Cell". This is a facility run by the Ministry of Labor, Government of Saudi Arabia. A letter in Arabic, detailing the nature of grievance and including the full name and address of the sponsor, must be faxed to 012104565. The letter must also have the full details of the complainants, including passport / iqama numbers and contact details.
I would also strongly advise such expatriates to get in touch with their respective embassies with a copy of the above fax. Usually, all embassies have a legal cell who would help them with an Arabic speaking lawyer in a labor court. Remember, all transactions in courts and all government departments are in Arabic, so getting professional help is a must. Also, do not wait for months together before deciding to make a complaint.
I really wish none of our expatriate brothers and sisters ever use the information above. But it helps to be informed.
Hope you found the above post useful.
Monday, September 10, 2007
Expatriate problems in Saudi Arabia
Working in Saudi Arabia for an expatriate could be quite a challenge. One of the common problems faced by expatriates, particularly those who have come to work in Saudi Arabia for the first time, is homesickness. The difference in culture, background, language and the fact that one is away from family all add up to this feeling. Usually, you will find someone from your own country and will quickly make new friends. This is the best way to come out of the shell and gradually the homesickness would fade away over time.
As a thumb rule, if you have survived successfully for the first three months after arrival, then you are more or less certain to do so for quite a long time. However, there are cases of people not settling down and do not find it comfortable enough to continue. Please do note that you have to be prepared to pay your air fare back home yourself. You have made a contract with your company and if you want to go back so soon, no sponsor will be ready to bear your return ticket. On the contrary, it is more likely that the sponsor will not even allow you to even go out of the kingdom as he has spent his time and money to recruit you (remember, you need his approval stamp in the exit visa). But you must really make a decision before coming, whether you want the money or whether you want to enjoy life. The hard reality is that you can't have both at the same time!
There's not much of entertainment activity here other than satellite television, so the best way to keep yourself engaged is to develop a good circle of friends. This will also help you get a good accommodation when your family arrives. Most of the good apartments and household items get sold by word of mouth, so it is essential that you develop a good network of friends. International phone calls still cost a fortune here and broadband internet connection is still not very common, though it is picking up fast. It would be cheaper to talk home through internet chatting (there are quite a few net cafes around) atleast initially, till you settle down.
If you find these practical tips helpful, do drop in a line which will motivate me to write more.
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- I am an expatriate working in Saudi Arabia. This is my 12th year of stay in the kingdom.
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Ezzedin Tago
Philippine Consulate General in Jeddah
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