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End Of Service Benefit

Dear all please guide me about ESB (End of Service Benefit) to help poor people.

The situation is we all are working in a factory and each employee goes on vacation after 2 years. While going on vacation company paid us 2 months’ salary (for per year, 15 days paid leave + 15 days ESB) so like this we get 2 salaries for 2 years it means one salary for each year (15 days salary amount for paid leave + 15 days salary amount for ESB). And they take signature on “Employees Amount Clearance Form” where its mention that we have received the Leave and ESB amount.

This is our company's rules for every employee even if they spent more than five years or ten years here. But according to Saudi labor law after 5 years we must get 1 month paid leave and 1 month salary as ESB for each year.

The poor persons didn’t know about ESB rules of labor court and they spent their 10’s of year here. After I explain them they are asking for difference from the year they start working till now. But company is refusing to pay them that difference. So they want to go labor court (but they can’t explain in Arabic to labor office) but the company is threaten them that you already sign on “Amount Received Form” and labor court will not accept your complain.

So can anybody explain me will we get the difference amount? Should we go for labor court or should we leave the amount and go back to our home country? Is there any possibility to win this case and get the difference amount? or is there any advocate who can fight for us (without compromising with kafeel).

In order to answer properly , some clarity is required on following :

1. Are you guys going on 60 days leave with full pay , regardless of the ESB or with 15 days leave pay + 15 days ESB - which means you go for 60 days leave with only 30 days pay out of which 15 is from ESB ? OR are you going for 30 days pay every 2 yrs with 30 days pay out of which 15 is leave pay + 15 from ESB.

2. Is your contract ended every year and renewed at the beginning of the new year or is it continuous contract and under the same sponsor. Are they adding addendum to contract and making you guys sign every year for renewal.

Labor office will determine the service continuity through pay in the absence of a contract , and if the pay was continuous then this will be considered as continuous service and in this case they should pay employees as per law - that is half pay for each year of service for the first 5 yrs and then full pay from 6th yr on wards.

Considering the preliminary facts provided I see some violations from the employer in terms of leave duration and in terms of ESB.  There is a saudi attorney by the name of Yousef here in forum, who can assist you with more details, if you PM him.

Dear Sir,

Thanks for your quick response. We are going on leave for 2 months for each 2 years out of that 1 month is paid leave (15 days each year) and rest one month is unpaid leave. Every 2 year we get 30 days paid leave and 30 days ESB amount.

Our contract is continious.

We are not understanding we should go to labor court or not because if we didn't get success then we will lose too much and everybody will accuse us for wasting time and money. Because labor court will take too much time to solve this.

One more thing

Moreover, our company have some good connections in labor court employees so we are fearing that they will reject our case. In that case where we will go.  They have strong Wasta and we don't know anybody there.

Well I will contact to saudi attorney Mr. Yousef.

Thanks

For example:

If I worked in a company for 8 years. Then I must get
For first 5 years.
21(days leave) X 5(years) = 105 days salary for leave (for first 5 years).
And for another 3 years
30 (days leave) X 3 (years) = 90 days salary for leave (for 3 years).
So total leave amount will be (105+90=195) days salary for leave.

FOR ESB

15 (days) X 5 years = 75 days salary as ESB (for first 5 years)
And for another 3 years
30 (days) X 3 (years) = 90 days salary as ESB (for 3 years).
So total ESB amount will be (75+90=165) days salary for ESB.

Like this total (paid leave 195) + (ESB 165) =360 days salary we suppose to get.

But every two year we get 60 days salary (30 days for leave and 30 days for ESB)

we travel 4 times (each two year vacation) means we got (60 days for each 2 year incl esb and leave) means 240 days salary only.

We suppose to get 360 days salary (incl leave + esb) according to labor law but we got 240 days salary only.

Then what about 120 days salary

Did you get it? Is it clear?

Please reply.

Thanks

This is not right from the company in this case, if they are only paying you 30days leave + 30 days ESB. The company cannot pay ESB and then ask employee to continue service unless they have terminated his old contract and replaced it with a new one.

You have a strong case to approach the court and its not like before, things have changed a bit and the labor officers will support you and register your case.

In any case ,  yousef ,  the saudi attorney who writes in this blog can assist you more.

Thanks for your reply and support, but i couldn't find yousef and his blog.

His ID in expat.com is Yossef11 , you can search for him with his name and send him a specific request or PM.

Here he is:

http://www.expat.com/forum/profile.php? … mp;lang=en

thank you very much.

First of all I am sorry for the late replay because I was away,

Regarding your questions and complicated situation, please be advised about the following:

About vacation leave:


Every employer must give vacation leave for employees every year with no less that 21 days and it must be extended to 30 days after continuous 5 years work. However, the vacation leave can be postpone for 90 days or more than that max of 12 months if there is acceptance letter from the employee.

About End Service Benefit:

If the contract ends, you should be receiving half month salary of each year for the first 5 years of work and a month salary of each year after the 5 years work.


The above is general rule and legal  practice, however it seems to me that your company is either small one or its not professional enough to obey labor law.

from what you said, you should proceed on one of these 2 options:

1- Ask your company to pay you 2 months leave every 2 years as well as half month ESB salary of each year if your work is 5 years or less, or they pay one month salary  as ESB if your work is more than 5 years.

2- Proceed to Maktab Alamal and file a complaint NOT a case at the Inspection deprt, and explain to them the  violations that your company is doing and then they will handle it from their side.



I hope I answered your questions and concerns,


Kind regards,

Yossef

Licensed Attorney

Dear Mr. Yousef,

Thank you very much for your reply. I really appreciate your suggestion.

Best Regards,

Zarif

your welcome,

Dear Mr. Yousef,

How to file complaint not a case?
What is the difference between complaint and case?
We foreigners don't all these small small points, tips & tricks, so is there any advocate or any legal person who serve us (@some charges)?
They have similar language so what they discussed between them we don't understand?
Labor court take too much time for hearing and there is too much gab between 2 hearings. Also not sure after waiting a long time we will get justice or not because they have WASTA in labor court? Even they exchange gifts etc?

In all the above situation is it good to go for legal action of just pack and away?

Second thing one of my friend go to labor court against this situation and labor court give him 10 days later date, after 10 days labor court forward this case to Mahkama (Court) and now Mahkama (court) give him 3 months after date. Even after 3 months we don't know what will happen.

So what is your suggestion.

Thanks and Best Regards,

Zarif

ZarifImran :

Dear all please guide me about ESB (End of Service Benefit) to help poor people.

The situation is we all ......... And they take signature on “Employees Amount Clearance Form” where its mention that we have received the Leave and ESB amount.

.......
....
...
but the company is threaten them that you already sign on “Amount Received Form” and labor court will not accept your complain.

So can anybody explain me will we get the difference amount? Should we go for labor court or should we leave the amount and go back to our home country? Is there any possibility to win this case and get the difference amount? or is there any advocate who can fight for us (without compromising with kafeel).

Hello,

I will go straight and tell you that  if the unfortunate employee already sign a clearance for your company as you said “Amount Received Form", then am sorry to say that you can only win if you can prove with a written document that the signed clearance is not correct or if the Company go ahead and declare that the signed clearance in question is false and its Employee have the right to ask for a bigger amount as they miscalculated his (ESB), otherwise, you have a lost case whatever the employee have received from his Company regardless its the right amount or less.

Now in order to 100% accurate it's wiser to check  a copy of this “Amount Received Form" in order to say if it's a clearance form or something else.

Hope the above is helpful

Regards

Legal Adviser

Dear Sir,

Thank you very much for your explanation. That is company's internal form there is clearly mention 15days paid leave amount and 15 days esb. Now we can ask for difference.

The difference is 6 days leave amount for first five years and 15 days leave amount for after five years. Because the leave rule is 21 days for first five years and 1 month for after five years.

Same as above

In the form its clearly mentioned 15 days ESB. Its ok. but what about difference. First 5 years its ok no problem we accept it but after five years also they gave us 15 days ESB and its mention there in form. So we can ask for difference.

We just fear about required TIME to solve the case, WASTA, LANGUAGE.

Dear Sir,

Filing a case is totally different than filling a complaint.

Filling a case:
1- Through Labor Commission (judiciary system)
2- The parties are employee and employer


Filling a complaint:
1- Through Maktab Alamal
2- The parties are Ministry of Labor and the employer



However, saying WASTA or connection are not real because the case will go first through Court of first instance then the case also may go to the Court of Appeal. Thus, WASTA is never gonna work.


for your situation, yo can have reentry visa and designate a lawyer to be on your behalf

Hii Mr. Yossef1

1) Whats its called in Arabic (Case and Complaint) and how to do this. We have go to labor count and tell them we want to do Complaint but not Case (like this) or is there any other procedure or form.

2) The labor court said to our one complainer that this vacation rule and ESB rule start from 2008, before 2008 there were no any rule like this. Is this correct?

3) The labor court couldn't solve the problem of our one labor so he said this problem go to court now. And court give him after 3 months date. Now how to do this, till 3 months without any income how to survive here and where to stay because company told him to vacant the room. Is there any way?

Please inform.

Thanks
Zarif

sir please reply to my message.

ASRAR AHMED TANWAR :

ITerminated before 3 month still sponser did not pay service benifits what to do please adwise

file a case and ask for all your rights

Dear Mr. Youssef,

Your advice are valuable. Plz reply me if employer after terminating employee is not paying his outstanding salaries and EOSB then should he file a Complaint or Case. As you told that both are different things.

Also what is the time duration and also how labor office forces the employer to pay the employee. What measures they take if employee win the case.

Thanks

Dear Mr. Youssef,

Your advice are valuable. Plz reply me if employer after terminating employee is not paying his outstanding salaries and EOSB then should he file a Complaint or Case. As you told that both are different things.

Also what is the time duration and also how labor office forces the employer to pay the employee. What measures they take if employee win the case.

Thanks

EOSB should be paid within 7 working days of release.

Dear Ehtesham,

My question is if company not pay within 7 days then how to get it from employer and How labor office take measures to force employer to pay his employee. Any experience,

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