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Free Legal Advise from a Licensed Attoreny

Dear Sir/Madam,


First of all, I am Saudi Arabian and I am working as a lawyer here in Riyadh and I handle cases within labor court criminal courts, etc. Second of all, Since I am member of this site, I want to provide free legal advise this week because I have some free time and I wanted to use it wisely. Therefore, if you have any question within the law of labor such as contracts, benefits, compensations, etc or if you have question regarding criminal cases you can ask me on this tread or through private messages.

However, I am going to answer ONLY the clear questions which are include all facts, the contracts info etc. Vague questions cannot be answered because I do not want to give a false advise.

Advise only are free of charge!!!

Thank you Yossef 11 for providing this free service for all expats. Your intentions are noble and are welcomed.

Hi Yossef,

Thank you for your post.
I invite you to get registered in the Saudi Arabia business directory please and not to use the forum or private message to promote your activity.

If you wish to share advices, feel free to share your knowledge on the forum with everyone.

Thank you,

Priscilla  :cheers:

Dear Ms.Pricilla,

I have registered myself already long ago in business directory. What I'm offering here is clearly stated in the post which is advise free of charge for those in need. However, if you think I am using this website to promote my self you can delete this post. 

Regards,

what is the reason that the crisis causes in saudi Arabia

Thanks broski ... xo

Good day Sir! Just wanna ask if i can possibly get a copy of exit visa or police clearance thru online as i was already in my home country. if that's not possible, can u suggest where can i request for that please? Your help will be much appreciated... Thank u so much in advance.

your questions is related to Passport office not to the laws here in Saudi. However, based on my experience, your sponsor can do that for you

Yossef11 : I have a common query that almost every expat has and would like your legal opinion on the same.

Qn: What are the conditions under which an expat can get a release from his sponsor to work with another sponsor ? Under which cases can a sponsor refuse release ? Under which cases does a sponsor has to give release ?

Hope you will enlighten us with your legal expertise.

Dear sir,

I am sorry for the late replay because I was away for the last couple days and thank you for your important and solid questions. Releasing an expat is not easy task for employers especially with regard to the fact that releasing  is not specified in the labor law. However, expat still can do transfer legally to another sponsor in multiple ways. First, expat can request his employer to include in the contract a release provision (after the end of the contract or whenever wanted). Second, expat can do transfer if the employer does not issue Igama within 3 months after arriving. Third, expat can do transfer to another sponsor if his current company is in red section of Maktab Alamal. Forth, expat can do transfer to another sponser if hi did not get paid for three months. Fifth, if the employee did not renew the expat's Igama within 1 month of its expiration. Lastly, expat can have licence to work with another company if an expat files a case at Maktab Alamal and respectfully  attending his hearing sessions. If non of the above are applicable, then the  current sponsor is not required to release his employee unless if he agrees.

I hope my answers  are helping  and enlightening.

Yossef Alsaeed

Dear Yossef,

Your reply is extremely helpful and enlightening.

I would like to add one more point : perhaps you can corroborate this.

- If an expat was hired locally on a limited time contract, then at the end of the contract term if he wishes not to renew his contract and has another offer from another sponsor - then the sponsor has to release him. (Note: this is only in the case of local hires and on condition that you have another offer)

HRGuru :

Dear Yossef,

Your reply is extremely helpful and enlightening.

I would like to add one more point : perhaps you can corroborate this.

- If an expat was hired locally on a limited time contract, then at the end of the contract term if he wishes not to renew his contract and has another offer from another sponsor - then the sponsor has to release him. (Note: this is only in the case of local hires and on condition that you have another offer)

HRGuru, the above is not applied universally. I don't think there is a law around it.

Dear Atty Yossef,
Please advice if my husband still has d right to defend himself alone to d labor​ court because his previous company is not cooperating and not helping him to correct​  their mistake for declaring him huroob. He did not leave his company he was terminated in July 2016 due to recession.  He was ensured to be released by d company once he found new sponsor. Besides he has still receivables from d company and his passport is still with them. His iqama was even renewed by the company for one year. In March 2017 he found a job offer and d new sponsor issued him demand letter. He presented it to d HR of his previous employer. His demand letter was even noted by d CEO approving for his release. The HR then prepared and issue him 3 letters for the No objection Certificate and stamped by Chamber of Commerce. This was submitted to d HR of his new employer however when they check in the system there was a huroob declaration from previous employer. How come this could have happened and done by previous employer well in fact everything was given in favor of my husband. He has all the documents as proof from the approval of release from previous employer.  He went to his previous employer to clarify d huroob declaration and the stupid HR said because he was not reporting for long time. Is it legal or required to report to them every now and then. He was looking for a job and I guess it is not a legal requirement to show up not even their policy. The HR said he needs to pay huge amount of money to work on it to cancel the huroob in Labor. ( Is this an act of extortion from employees?)  He pay them with the hope that the case will be sorted out by the previous company liason within the period that his new sponsor allowed him to finish the case otherwise he lose d job offer. Three weeks past and the company were unable to sort the cancellation of his huroob in the labor (system). He was just asked to exit and refused to giveback the money he gave them. There was no receipt at all when they received the money from my husband (a matter of trust). The HR said they will giveback  the money only when he exit. The HR even asked him what shall he  do with the money? (What a silly question from an HR?????) They really want to paralyze my husband. Can he go to labor court and complain even without representative from our consulate? What is the proper way or process to complain in d labor office. Please advice how he could defend himself to tbe court and express his right for the injustices and unlawful acts if his previous employer? I would appreciate very much your help. Thank you.

dear Sir,

I live in Saudi Arabia along with my family and I was working last 5 years in one organization in Riyadh.
below is my concern and looking forward to get some advice from you.

1) company suspended me without any valid reason.
2) I didn't receive my 4 months pending salary yet.
3) My 3 years vacations salary also pending with them...
4) I have been asked to my sponsor reason of suspension but didn't get any satisfactory reply.
5) I have 3 kids and they are surviving for food school fee , ect.

please advice me if I will file my case to MOL how strong my case and how will take to gets my all benefits.

Kindly spare some precious time from your busy schedule to reply my mail.

awaiting your kind support in this regard.

warm Regards/Sohail

sohailkhan12 :

dear Sir,

I live in Saudi Arabia along with my family and I was working last 5 years in one organization in Riyadh.
below is my concern and looking forward to get some advice from you.

1) company suspended me without any valid reason.
2) I didn't receive my 4 months pending salary yet.
3) My 3 years vacations salary also pending with them...
4) I have been asked to my sponsor reason of suspension but didn't get any satisfactory reply.
5) I have 3 kids and they are surviving for food school fee , ect.

please advice me if I will file my case to MOL how strong my case and how will take to gets my all benefits.

Kindly spare some precious time from your busy schedule to reply my mail.

awaiting your kind support in this regard.

warm Regards/Sohail

Dear Sir, with reference to your questions and to my understanding for your case , please be advised about the following: you are entitled for:
1-  2 months notice before ending your services.
2-  2 month salary compensation
3-  salary for your vacations
4- the 4 months pending salary

Regarding the length of your case, it varies

Dear Sir,

Thank you very much for your quick reply and highly appreciated your kind support.e
please let me know what is the procedure if I'll file my case to MOL....... Are you handling the sort of cases?
if so, what are the documents required and your fee as well.

kind Regards/Sohail

Yes, I do hanfle such cases.

Dear sir,

Dear sir,
I just want to ask help regarding my resignation in the company i am working here in Jeddah. I work as a cleaner in different houses. It's my 10th month here.
My contract with the company is 2years but I already filed my resignation because I am tired of this job and some of my madam intimidates me. I really want to go home. I was called for an interview and they told me im going to pay. I told them I can only pay for my air ticket and final exit visa but they insisted me to pay otherwise I will be sent to monisiya.they told me I cannot go home without paying them. Please help me sir.can I get some advice on this matter?.. thankyou sir!.

This was posted in 2016, just saying

*1 Week*

Maybe by another person who had the same case as mine

Dear Sir- Please advise me your fee and what are documents required.......

kind Regards/Sohail

Please PM your contacts

They said I'm going to pay for my visa, iqama, recruitment fee, medical test. 4,100Sar all sir.

xxx sir.

Moderated by Christopher 5 months ago
Reason : Please avoid sharing your contact details on the forum.
We invite you to read the forum code of conduct

Dear Madam,

Please be advised that its not allowed to share your contact in public!

Good Day Mr. Yousef,

I entered Saudi Arabia on January 29, 2016 on a 2-year contract. However, my company is struggling financially right now, and they suggested to me that I take a vacation. However, my contract states that I am entitled to paid vacation and free ticket only after completing two years.

Now, my Iqama has expired last April 9, 2017, and I cannot be issued an exit/re-entry visa. And because my company won't/cannot renew my Iqama because of unexplained reasons (can't obtain medical insurance/can't pay renewal fee maybe), my company seems to be more interested in sending me back home on a final exit visa. Because of the financial situation of our company, it seems to be a good idea to go out on a final exit, instead of an exit/re-entry visa.

Now my question is, since I have not completed my 2 year contract and my company is intent to give me a final exit, what benefits I am entitled to? They seem to just give me my last full salary and final exit visa, without the ticket and everything else that i may be entitled to.

Thank you very much for your advice.

Hi Yoseff!

I hope you can help me!! I am an expat living in the UAE but I work for a Saudi company in Riyadh as a flight attendant. Although I do not live in Saudi Arabia, each month I get paid from this head office in Saudi Arabia.

The company may be terminating the pilots and cabin crew shortly and have told us none of the flight crew are entitled to End of Service Benefits as we are not on the ground nor do we live in Saudi Arabia. I have been with this company for 7 years and although we do not have written contracts, we all have original job offer letters as well as a monthly pay slip from this company showing how long we have worked for them which also shows the company address in Riyadh.

Are we all still eligible for end of service benefits and because none of us live in Saudi Arabia, how do we go about filing a complaint with the labor office regarding this non payment of EOSB, especially for the female expats and also because we do not live in Saudi Arabia.

Thanks for the advice and I hope you can advise me on this matter.

skyhighgal :

Hi Yoseff!

I hope you can help me!! I am an expat living in the UAE but I work for a Saudi company in Riyadh as a flight attendant. Although I do not live in Saudi Arabia, each month I get paid from this head office in Saudi Arabia.

The company may be terminating the pilots and cabin crew shortly and have told us none of the flight crew are entitled to End of Service Benefits as we are not on the ground nor do we live in Saudi Arabia. I have been with this company for 7 years and although we do not have written contracts, we all have original job offer letters as well as a monthly pay slip from this company showing how long we have worked for them which also shows the company address in Riyadh.

Are we all still eligible for end of service benefits and because none of us live in Saudi Arabia, how do we go about filing a complaint with the labor office regarding this non payment of EOSB, especially for the female expats and also because we do not live in Saudi Arabia.

Thanks for the advice and I hope you can advise me on this matter.

Dear Madam,

Please be advised that you should be entitled for end service benefit regardless of where you are staying. if you and your colleagues want to file a labor case, then you should appoint an attorney to work on your behalf.   However, your company may try to screw you by signing some paper to wave your rights especially if they have bad faith.  Therefore, you should be careful for that and always consulate with a right person.

Yossef

Mr yusof i need advice because in a tranferable iqama and when i see my present kafeel he didnt issue me a contrct and we talk only about my salary before he ofere 3,000 and wen he finisht transfer her make 2500 now her make again 2000 no balid reason he force me also go exit im
Working him 9 months only so i go in embassy to complain him so he got mad with me then he told me to stop working and he filed me huroob  i need advice sir hers my number xxx

Moderated by Christopher 2 months ago
Reason : Please avoid sharing your contact details on the forum.
We invite you to read the forum code of conduct

Dear Mr.Youssef,

              Thank you for your kind services.  I have been working for my company for the past 9 years.  However, in September,2017 my HR dept. informed me that my contract which expires on 18/11/2017 will not be renewed and instead they will give me a new contract with reduced salary.  As regards, the End of Service benefits till 18/11/2017, they are saying that they will give me a official undertaking on paper that my ESB amount is with the company and will be paid whenever I leave the company.

              My question is whether such a document has any legal validity in the Labour Courts in case a dispute should arise in future. Also is it necessary for the company to clear the ESB for the previous contract before giving me a new contract to sign.

              Looking forward to your kind advice in this matter at the earliest.


Best regards,
Syed Abdul Sattar.

Dear Yossef11,
Really appreciated your noble initiative to provide legal advise to expat.
I travelled to Riyadh three days ago with a fresh work visa in my passport. And a job contract for the next three years as an architect/consultant.
However, I was refused entry up on arrival and got deported back to Dubai, where I am staying now.
The reason is due to the following:
I worked in Saudi Arabia between 2012 and 2016. On 5th of October 2016 I left KSA by car to Qatar with my wife and all our belongings to work in Qatar for a new Qatari sponsor. My Saudi sponsor offered to keep my Iqama open and tgat if things would not work out in Qatar, I could come back. A simple agreement was drawn up and signed accordingly. I got a three month multiple exit re-entry. We kept in contact regularly to exchange mutual feedback on the work situation and after three months I decided that we would stay in Qatar and asked the Saudi sponsor to have Final Exit. Although in our agreement it stated that I would have to come back to Riyadh for the Final Exit, when I contacted the HR department and discussed this issue, they informed me it would not be necessary for me to come back in person, that it could be arranged via the email. (I asked them to confirm this over tge email which they did, I have it in my files) I was sent the forms and signed them, was paid my dues according to Saudi Labour Law and the matter was closed.
In July 2017, through the border blockade, my project in Qatar got suspended. I started looking for a new opportunity and found this in Riyadh working on the Metro project as a consultant. In preparation to this opportunity, I decided to retrieve my "Final Exit" documents from KSA and contacted my old sponsor in KSA, because there didn't seem to be an actual official Final Exit document. They got back to me in an email confirming the requested Final Exit document (in Arabic) was attached and wished me good luck with my new job opportunity.(email in my file). However when I checked the content of this supposed 'Final Exit' document with my Arab colleagues in Qatar, they informed me this is not a Final Exit, it was in fact my sponsor reporting me to the Saudi authorities as not having returned to the Kingdom on time.
Even then I didn't think much of It, they had always looked after me well, I had made lots of good friends within the company and I put it down to a mere administrative formality that could be straightened out. However the same evening I found the issue was nagging me, so I decide to Google it. To my shock I found out that being abroad at the time of expiry of the Exit Re-entry is a serious offence and that I would not be able to enter or work in KSA for the next five years!
I contacted my Saudi sponsor straight away and asked him what happened. They said they would look into it and came back with a solution; to write a Clearance Letter, stamped by the Ministry and the Chambre of Commerce. This action was swift and I asked my visa agent in The Hague in the Netherlands to present this letter as part of my new work visa application to the Saudi Embassy in The Hague, which they did and the response was that there would be no problem in me applying for a work visa under new sponsorship. I was very relieved, little did I know.....

I am now staying in Dubai, trying to work with the old and the new sponsors in KSA, to resolve the matter. However the prospects are looking grimm. My new sponsor understandably is very reserved now facing an employee who is in the system as 'on the run. I have spoken to the Ambassador if the Netherlands in Riyadh who has asked me to put my story on paper with attachments which I have done. He has handed the case down to the Consul, whom I spoke to yesterday and who didn't think they would be able to be of much help. My only hope is with my old sponsor, who - somewhere in their hierarchy - messed up in the first place. The boss is a 75 year old trustworthy man of Palistinian descent, and he has instructed the Saudi partner and the guys from HR to find a solution for me. I also have a lot if trust in the ability of their Saudi 'broker' whom I have seen perform 'miracles' in the past, when it comes to dealing with these matters. However I am very worried this one is just a bridge too far.
Financially I am walking on my last legs, after being idle at home for 3 months, I had counted on starting work and earning a living. Instead I find myself in Dubai, having to spend more money on air tickets, hotels, phone bills etc.
One practical solution that was offered by the Civil Servants at the King Khaled Immigration, who were very helpful, was tgat my sponsor should send his delegates to see the executive manager Mr. Mohammed Naif Al Habas.
Looking forward to your kind advice, much appreciated! Caspar

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