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Saudi Law

Last activity 12 November 2013 by Mothopo01

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Sayed Muhammad Umair

Is there any law in Saudi Arabia to kept original documents from an employee? I need answer because my employer want to keep my original documents... and he is saying that its a law in Saudi Arabia to keep original education and job experience documents from an employee.

Alliecat

That's not a law.  I had possession of all of mine.

TheLegendLeads

Documents: No, employers don't keep them.
Passport: Most employers do. But that's a common practice rather than part of any law.

In simple words: No law like that.

SteveSmith

I think you will find this has changed now.
My Company kept the passports, but have now returned them. Saying some policy had changed.

vramakr

No they should not! I have sent back all my original documents/certs back to my home as its secured there. I even have my passport and Iqama with me.

No way you wanted to give your original documents to them screw them!:cool:

jrp928

Let them keep certified copies is all I did.
jp

Full Monty

Has anyone lost their documents that have been kept, for 'safety' or whatever, by a legitimate employer (who has provided the correct Iqama/visa)? Of course this act can be a hindrance if you're wanting to leave and your employer is not so willing, and some people just prefer to be in possession of important documents - this I can fully understand and appreciate.

Do you have any particular need for your documents at this moment? I'm not agreeing it's a good thing, just asking if it's worth your while rocking the boat over?

As for being the law; no. Common practice; yes.

suribhai

I dint submit any of my documents, nor my passport. May be for other companies its different i guess.

HRGuru

Law and practice are two different things and what you should stick to is law. No employer has the right to keep your original educational documents, he can ask for copies its his right, he can ask you to produce the originals, ask for attestations and notarized copies but, no employer has the right to keep them with him.

Passports on the other hand are debatable, still no clear rule as to who should keep them. The rule came out but not practiced as well.

TheLegendLeads

:one HRGuru

Full Monty wrote:

Has anyone lost their documents that have been kept, for 'safety' or whatever


Oh don't ask @Full_Monty. A recent incident: One friend of mine lost his original University degree. It went to his HR archives and never came back. He asked when he needed the family visa and all he got was a apologetic idiotic grin after 3 months of typical procrastination. There is absolutely no need to be prompt or proactive in that.

Deyaa1989

Sayed Muhammad Umair wrote:

Is there any law in Saudi Arabia to kept original documents from an employee? I need answer because my employer want to keep my original documents... and he is saying that its a law in Saudi Arabia to keep original education and job experience documents from an employee.


That is a very interesting question.

In law, no, the employer does not have the right to keep your passport in its incubation. However, enforecement of this law is on the grey area as lots of contradictions and contraversy are taking place.

Looking from the other side, I find lots, and I mean lots, of employees seeking for other jobs almost immediately as soon as they settle down (not necessarily in Saudi Arabia). In addition to the accompanied costs to the company in housing, insurance, and documentations, Employers still hold legal responsbilities of employees transformation in front of authorities, if noted, even if it was without the knowledge or consent of the employer. Even though this is not under the law, but it is indeed a common practice. I have spoken with some HR employees regarding this issue before.

I give you one personal example. My dad trusted our driver with his documentations. He left everything to the driver. The driver left, stole the car and left it somewhere (15 miles away from home), called my dad apologizing and telling him that he has to leave. My dad has a police report that he no longer holds any legal responsibilities of this employee. However, three years later, when my dad registered with Absher, he found the driver in his list with lots of penalties (around 14,500 SAR). He had reserved an appointment to meet with a judge regarding to this, and it took him multiple weeks to have the issue resolved.

Now I know not all, nor even the majority, of employees do that, but employers tend to desire their well-being first, in safety and finance. I hope things change for the better when the government make a serious reform in judiciary and immigration policies protecting both sides.

If you could obtain and maintain your passport in your possession, then by all mean do not hesitate to do so.



I would expect enforcement of this specific right sometime soon, perhaps within three years, not confirmed.

Full Monty

TheLegendLeads wrote:

:one HRGuru

Full Monty wrote:

Has anyone lost their documents that have been kept, for 'safety' or whatever


Oh don't ask @Full_Monty. A recent incident: One friend of mine lost his original University degree. It went to his HR archives and never came back. He asked when he needed the family visa and all he got was a apologetic idiotic grin after 3 months of typical procrastination. There is absolutely no need to be prompt or proactive in that.


I know, bureaucracy can be a complete arse. I contacted my university for transcripts - "Oh sorry, we didn't keep any for that course. We can write a letter saying we can't provide them."

Pathetic.

"Right. Send me five, containing contact numbers and email addresses, stamped, in sealed stamped envelopes."

They did all of that but, for every job application since then, much hilarity has ensued. :rolleyes:

Mothopo01

Yep, we all went through that.  On the agreement of the your employer, you can apply for "multiple exit re-entry visa" which expires after every six month.  The frustrating part of your employer having your paper is that, if you decide to go home say on Wednesday after 17H00, you will not be able to do so since Ministry of Interior would have been closed.  And you ask yourself why i left after only 10 months.

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