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Help Needed !!

Last activity 24 February 2014 by ralph-HRD-Dude

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vitalpearl

Hi guys , I am an architectural visualizer ( Pakistani ) , previously I was in Dubai but got fed up of companies blocking salaries for more than 3 months so often ( IDK may be it was due to recession as my period of stay was 2008-2012 ) . Then I left & got an offer in Saudi , its been 11 months now , @ start it was fine but now they've also not paid my salary for 2 months & also there are no chances in near future of getting paid !! ,,, I just want to leave they don't let me go either , so please any suggestions how to deal with all this crap ?? I just want my salary , I will arrange my ticket & bear expenses , I want to go home :(

ralph-HRD-Dude

why are they not paying you? is there some reason behind it? have you tried escalating the matter? i mean talking with H.R. Dept?

Well technically if you just want to go home and you have a contract in a certain length of time (e.g 2 years contract) you'll have a problem with that cause they can really hold you up for that, try confirming and getting the reason behind your delay salary.

vitalpearl

Dude IDK !! whenever I ask they say we don't have money/ projects so we can't pay , I've tried talking to almost all officials all are acting same, It's so painful now , I'm even out of budget now, & how can they hold me for 2 years if they are not paying my salaries !! I really need some solution but even the law here is insane !!!

tansari

You can submit your complain to labor department. They will help you immediately.

ralph-HRD-Dude

https://www.expat.com/forum/viewtopic.p … 70#1737908

Check the link dude; you have the same scenario, hope this helps.

suribhai

Yeah complain to labour department and they will check your contract and salary tracking.  Based on that they will take action against your company. As i know employees here have rights to fight if they dont get what they been promised. Also companies have rights to block you if they pay you according to the contract and you want to leave. So these cases will be checked by labour department and they will take proper action. Good luck...

vitalpearl

thanks a lot guys! but I've heard that MOL ( Ministry Of Labour ) is not much supportive for expats I mean they tend to lean more of @ Local's/ Company's side , Is that true ??

suribhai

thats not true, if company goes against rules than employees can complain in MOL, if employees go against rules, companies can complain in MOL.

I get the below from someones conversation...kindly check

It actually depends, if you will based it on the LABOR LAW it's already a violation, i believe your contract specified that you are on either monthly compensation, so if you are really eager to resign you can refer to this law;
Article 81:
Without prejudice to all of his statutory rights, the workman may quit his job without notice in any of the following cases:
1. If the employer fails to fulfill his essential contractual or statutory obligations towards the workman.
well, the procedure will be they will either be forced to grant you a exit visa with full benefits and certificates or you can set the terms 4 urself(if they will be scared that you'll file a formal complaint to the LABOR), or you can proceed and file a complaint to the SAUDI LABOR GROUP and get justice if that's whats your aiming at; in short you guys have their necks of course with solid proofs and everything to back it up.

vitalpearl

suribhai wrote:

thats not true, if company goes against rules than employees can complain in MOL, if employees go against rules, companies can complain in MOL.

I get the below from someones conversation...kindly check

It actually depends, if you will based it on the LABOR LAW it's already a violation, i believe your contract specified that you are on either monthly compensation, so if you are really eager to resign you can refer to this law;
Article 81:
Without prejudice to all of his statutory rights, the workman may quit his job without notice in any of the following cases:
1. If the employer fails to fulfill his essential contractual or statutory obligations towards the workman.
well, the procedure will be they will either be forced to grant you a exit visa with full benefits and certificates or you can set the terms 4 urself(if they will be scared that you'll file a formal complaint to the LABOR), or you can proceed and file a complaint to the SAUDI LABOR GROUP and get justice if that's whats your aiming at; in short you guys have their necks of course with solid proofs and everything to back it up.


Yup I've read it already & yes It's a limited contract for duration of 2 years with a fixed monthly salary. Well I'm just going to check with them for last time if it's not working I'll go to MOL , BTW do you guys think it's a good Idea to tell them that I'm going to file a case if they don't pay me, as a threat ??

suribhai

Cant assure coz there are goods and bads if you inform them. Just talk to them and tell them if they wont pay, then let you go. If they wont pay and wont let you go then you would complain. Mostly i would suggest tell them to pay you or let you go.

ralph-HRD-Dude

Well yeah, as I've heard from my colleagues , once a formal complaint has been filed in MOL and under processing, the company will be shutdown/closed until the case has been resolved  or hearing has been done, so yes, if i where your H.R. manager i wouldn't want that to happen, but do it in a professional manner, by writing a formal letter of resignation and have 2 copies , and let the H.R. receive your copy, state in the letter that you don't want any trouble but if push comes to shove you'll have to assert your right and possibly might seek legal action if things continues that way, this may also come in handy if your really did proceed with a legal action.

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