Hi to all,
I wrote to ask for a legal advice and suggestion regarding my current situation. I am Sonny from Pasay City Philippines working as Operation Analyst at Hotel in Riyadh finishing contract last Dec 16, 2015. Dec 3,2015 my company gave a vacation of 24 days ( dec 3-dec 27), due to unfortunate events I had an accident (infected foot on left foot) and was unable to come back on the given date ( Dec 27). I requested my Head of Dept. to extend my visa till jan 5 in order to heal my wound because they only gave me 30 days exit re-entry which will expire 30 days from departure . Since it was year end they obliged me to come before the year end even if I already submitted medical certificate. I seek help and HR suggested to get a letter coming from employer to be stamp here in Saudi Embassy in Philippines in order to extend my visa but my manager got angry and decided not to give me any letter and to terminate me while I am still on vacation. After long discussion with them the company told me that if I submit original resignation letter sent via lbc they will consider it as a resignation not termination because I have finished my contract. Is their procedure correct? Are they allowed to terminate me even if I was still in vacation? What are my rights as an employee regarding this situation? Now that my visa is expired what should I do? Because I have read an article telling that expired visa cancellation cause SR.1,000 and that if I have a pending exit re-entry visa I will be banned for 5 years in entering middle east. Please kindly help me on this because I really need to look for a job because my company dont want to negotiate anymore. They have already prepared my final settlement and only waiting for my resignation letter. Thank you so much.
Termination while during vacation, what are my options?
Sonny,
If your employer had been fair with you he could have extended the visa, or found some way to help you while your injury healed. It's typical Saudi style the way they treat people from Asia, particularly as your Embassy does little to support OFW's. Don't loose any sleep over it, move onto another country that values your labour and loyalty.
Thanks for the reply. All I want to know is what are my rights against this. And how about me, am I going to being banned to middle east due to expired exit reentry visa. 
Hi Sonny
Really sorry to hear about your problem with the employer,but what does your contract state as grounds for termination or completion of the said contract ? I ran a consulting group in Canada for 10 years (Where many rights are afforded to the contractor),as long as the contract is in place and valid. Your words stated the contract was finished,where you renewing a new contract with them ? If not,since they fulfilled their part and you did your part,I do not see an issue. If the vacation was part of the contract for a set number of days and you where paid or compensated for those days. I would think the company has no duty to return you to back to employment. You might just waste a lot of money getting a lawyer for a case you may not win in another country. As a client of mine used to say "If it is not written,It is not so". Best of Luck
According to a spokesperson from Human Rights Watch, Saudi Arabian law does not provide strong legal protection for migrant workers.
You are at the mercy of the Saudi system.
Sonny basically you have no rights in Saudi and I doubt if they can impose a middle easten ban on you.
dinky2408 wrote:Sonny basically you have no rights in Saudi and I doubt if they can impose a middle easten ban on you.
If Saudi attempts to ban you in the Middle East, then Iran may hire you just for spite.
Hi Sonny
Termination from Saudi means you are unable to get work there if your employer wishes to prevent you from working for another Saudi employer; it doesn't stop you working in other Middle East countries.
You don't need to give a letter of resignation, your company can give a letter of dismissal, but they have to give a valid reason, That, they may not wish to do?
I don't recommend the following, but many Philippine people get another passport in another name and carry on working
All the best
Hi Sonny,
If you are here in the Philippines, would it be possible if you seek help of any law firm that will address your need both legal and visa processing?
Regards,
Maro
Hello Sonny
When I was working in Saudi, when your contract was completed you were entitled to receive a “ Letter of no objection” that was for you to give to any future employer, if you wished to return to Saudi, The employer must have a good reason to not give you the letter of no objection, and put it in writing.
To obtain your final Exit visa your employer had to pay you up completely with no outstanding debts owed to you or by you, your employer wishes to terminate you then they must do it by Saudi Labor law as your contract will tell you.
So much for what should happen
I wish you the best
Mervyn
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