Denial of ESB SR.90,000 in STC.Can I appoint Attorney fr india

Dear Sir, feeling Sad to read your story. Well, where are you now presently. You can send a letter to Indian Embassy, Foreign Ministry of India. And important is send email to OIFC (overseas indian facilitation centre). And wait and watch. If you are correct then you have to fight for a long time. But we all believes that ALLAH HU MAA SABERIN.

Best of luck and say BISMILLAH and start procedure. (if you are correct).

Thanks

hello

Please contact at

24x7 Toll Free Helpline Number :1800 11 3090 (Accessible from India only)

Chargeable Number :+91 124 234 1002 (Standard long distance call charges apply)

[email protected]

maybe they will help you.

Thanks

There is a lot of one-sidedness here, in this story of yours, what were the conditions under which you resigned, when was this, where you hired locally or on stc visa, did you resign during the contract period or not, did you leave on exit or exit reentry, were you employed directly by STC. The facts and details need to be known clearly before a solution can be presented, and as far as I know STC is not an organization that has refused settlement.

Thanx for your immediate reply. Yes you are right. Stc once under old HR gave settlement . But under new management ,Stopped bonus increment promotion overtime since 2008  for all expats only and also not allowed to quit. That means one expat has to work with old salary for many years eventhough the cost of living goes high, without quit the job like slavery attitude.
    I resigned in march 2014 after served about 14 y 5 m ie from march 2000  till aug 2014.I was locally hired along with STC project called paging (pager ) project.As per law after 10 years of service, I am entitled to get all benefits without 1/3 or 2/3 formula.
Due to personnal reason I resigned after 14  years of service but my manager rejected and asked to intimate 1 year before which is illegal.I worked  additional 75 days from my resign date march 9 to may 22 and came vacation till 30 August 2014. Fourth time I resign in Aug from chennai India after complete my accumulated vacation days.
    . Indian embassy took pity on me and requested STC HR to settle my ESB but they refused even embassy request and asked to file a case in labour court which is not practical in KSA.
   
Kindly give your valuable suggestion and clarify me.Can I appoint attorney from india.
Regards
Abu Taher

You cannot apply an attorney from India for a case which happened in 2014 and also based on your resignation.

Were you directly under STC , under their sponsorship when this happened or were you with a contractor. STC does not stop salary increments, this is based on performance and if your performance is above good then they give salary increment as well as a min of 4 salaries as bonus.

Your case will not hold in court of law due to the following conclusions drawn from your message:

You mentioned you worked for 14 yrs, and then resigned on Aug 2014 , while you joined in Mar 2000, meaning you automatically renewed your contract for the last year of 2014 from Mar 2014 to Mar 2015 and then resigned or ended your contract before the expiry of the contract, the first issue.

Then your resignation was not accepted, and as per law you had either to complete the contract period , or pay penalty for the remaining period and then took release - which you did not, rather you went for leave on ERE.

Then you resigned while in India, breaking the contractual agreement you have with your employer.

I am not sure how you expect to get paid for your end of service benefit while you did not even properly resign your job in KSA and claimed your benefits. Any embassy or lawyer cannot assist in your case since you broke the contractual agreement as far as I understood from your message according to what you did.

Thanx HRGURU for kind reply.I went through PROPER NOTICE PERIOD OF 30 DAYS as per law. For your kind information, you don't take into account
1. Their Adamant behaviour of rejection of my resignation notify 30 days.
  2.Asked to notify 12 months before which is illegal.
   3. Upon insist 2nd & 3rd time " threatening manner .will u get your esb  " and got success in his challenge.
   4. Regarding expats matter, one manager's decision is okeyed by whole company team but unlike citizen & westerners matter.
   5. Do they got " ample power " to destroy even expats least rights
    For long served internal customer ie employee.

As a lonely expat in foreign soil, we have limitations & fears to fight against giant like STC. Drag them to court is not a easy job and year long fruitless process without salary and iqama renewal.
   Kindly ask the few among thousand victims in labour court they will tell " how horrible the year long exp without salary and the possibility of dragging their employers to court is zero    " In such cases I have given money to them.Most victims want to withdraw the case also not possible, once filed.
    So companies HR should have MORALITY and obey the law. In my case he dont accept 30 days and needed 1 year notice and threatening manner which are never noticed and took account
The next possible option is either continue 1 year or drag to court which are not possible.
      In our country, India, nobody will play with service benefits eventhough the emp committed serious crime. Since ESB is " AMAANA --  THE SECURITY   " belonged to employee money in company custody.But in KSA , the concept differs.
   Do you suggest me any other possible action to get ESB in foreign soil. They dont even comply with embassy request.
Regards
Abu Taher.

A lot of us expats honestly believe that most times our rights are violated by employers and its true in most cases in KSA as well. However, I only point out some basic rules which are applied in any part of the world. For eg:

- A contractual agreement which is legally binding between two people to work and get paid for a certain period of time. If all employees think like - they can just give 30 days notice period and then stop working - is this fair and practical ? Employer has every right to accept or reject the resignation. Its the duty of an employee to give proper reasons and due time for resignation. Your line manager was wrong in not accepting your resignation, but were you following company policy after the resignation was not accepted ??

Asking for 12 months notice is certainly illegal and not allowed under law. I am not justifying what they did is right, but very often a lot of us expats here do things and jump into actions that are not in line with law. We look at things from only our point of view and does things emotionally that should benefit us. A lot of us including myself talks about Haqq, Amana etc etc only from our point of view.  We forget that we were taken in a foreign country and paid to do a job and that the payment was given every month without failure. I am also an employee and while I am not at peace with so many things, Alhamdulillah, there is peace with so many other that matters.

In all honesty I gave now to you , what you can do and what you cannot. You cannot claim now anything since you exit was not proper.

After checking your legal status using your Iqama , it shows you're absent from work .

I totally agree with HRGuru. We think about matters our way which is not always the rightly justified thing.
@Gunner757 shows us how the employer felt about it. He has put you on 'Haroob'.

The entire matter could have been negotiated better. You have copied the mail that has numbers, you resigned, the resignation was not accepted. So far so good.

What made your employer so furious that he asked for a 12 months notice? He definitely knew that he was demanding something obviously against the labor law. That was the right time to negotiate with him. Must not have left the country on ERE without properly settling it down.