End of Service Benefits

i worked one polyclinic from 29-04-2006 to 22-03-2018 as IT administrator, but i transfer sponsorship on 2013,now  i resign the job on 22 Jan 2018 then i give 60 days notice as saudi labor law, the company now don't want to pay my service benefits, i understood from Saudi labor law i am eligible for to receive my ESB from joining date but they refused, kindly advice me what i want to do.

You haven't stated the reason of leaving the job. If you are terminated under article 80 it is without EOS benefits.

Hi,

Just want to ask, when you got transferred from another sponsor, did you sign a contract with them? for how long was the contract?

Usually contract term should not exceed 2 years as per the Saudi Labor Law and once it is completed it can be renewed or become indefinite.

I can see that you are more or less 5 years working with your current sponsor and if you continue working with them having not signed any contract for a specified number of year/s aside from the first contract you signed with them, it will be considered as indefinite contract which is stated on:

Article 55-2 of the Saudi Labor Law "If the fixed-term contract incorporates a clause providing for its renewal for a similar term or specified term, the contract shall be renewed for the period agreed upon. If the contract is renewed for two consecutive terms if the original contract term and the renewal period amount to three years, whichever is less, and the two parties continue to implement it, the contract shall become an INDEFINITE TERM CONTRACT.

And as per the article 74-3 the termination of contract will be "at the discretion of either party in indefinite term contract.

And in Article 75  "if the contract is of an indefinite term, either party may terminate it for a valid reason to be specified in a written notice to be served to other party at least (30) Thirty  days (I think now it has been upgraded to 60 days notice) prior to the termination date if the worker is paid monthly and not less than (15) fifteen days for others.

If you do not have any valid reason to terminate your contract, you may not able to get your EOSB and worst the party who is harmed by such termination will be compensated as per the remaining term of the contract.

I do hope this may help to clear something on your process of terminating your contract to your sponsor.

Thanks for reply,

Sir,

I started current company 29-04-2006, they made contract two years but i don't have copy it renewed automatically, also they promised to transfer sponsorship but not done until 2013, now i i have following documents only experience certificate with attested Chamber, salary increment papers and salary receipt vouchers.

i give resign letter on Jan 21-2018 with 60 days notice period so my duty end on March 22 then agreed and give my clearance also, but after clearance company don't like give my ESB, i visited www.laboreducation.gov.sa site to inquire about my issue they reply following
( Article "2" of the Saudi Labor Law laid down the definition of the "Continuous Service" as uninterrupted service of a worker for the same employer or his legal successor from the starting date of service. Therefore, your employment service is continuous from the first working day until the end of the employment service, and the worker's right shall be calculated based on actual term of employment service from the first working day until the last working day.)
please advise me how can i get my ESB from the company.

Hi good day...
I am a nurse in a private clinic working for 6years
I will exit this coming November end for the reason that I will no longer want to renew my contract.
According to Saudi labor law ESB calculation I will recieve
12,250sar
My last basic salary is
3500sar/2
1750
Multiplied by 5
8750
Plus my 1 month basic salary
3500
The total is 12,250sar
But the problem is that my employer is not giving ESB according to Saudi labor law.
Please help me on what are the steps so I can resolve this problem.
Thanks a lot