Give Iqama back after resignation (employer violating contract).

There's someone here with the username TheLegendLeads who seem to know and understand the rules in Saudi Arabia very well. I hope he/reads your post and help you.

Goodluck🙂

Thanks @conniesky,

@dom75lao,
I'll summarize for you a guideline:
1- I hope you haven't stopped going to work. Please don't stop until advised by them in written.

2- Try to talk over the situation with them. If things don't pan out in your favor, move ahead with the strategy that they terminate your contract, not you.

3- Keep a record of all the e-mails (i.e. the evidences of contract violation) in a safe place.  Soon, you may need to raise a complaint against them to authorities.

4- Iqama will be the last thing to return and that will be in exchange of a Final exit visa - obviously after settlement of all contractual dues etc.

You're welcome @TheLegendLeads. I should be the one to thank you as I am learning a lot reading your replies.

Have a good day everyone.

awww you two would make a great online couple 

I would rather say, a great team.

Dear TheLegendLeads,

I was at home (during the 3weeks OFF I forced them to get instead of the 4 weeks and 2 days they were owing me) when I saw they were holding my salary.
Then I get upset on that new violation and I resigned with immediate effect.
Consequently I am still at home whereas I was going to take the plane back to Saudi Arabia 2 days ago.
I tried to talk but they were not answering.
I do not want to go back there because I am scared to be blocked : they need pilots and they will refuse my resignation unless maybe after doing the 3 months notice and I can't afford this situation now.
May I ask you why it is better they terminate the contract (they fire me) than I quit the job?
To be fired I need a bad misconduct and as an airline pilot it is then harder to get a new job.

Many thanks for your advises and the next ones

Kind regards,

dom75lao wrote:

I do not want to go back there because I am scared to be blocked : they need pilots and they will refuse my resignation unless maybe after doing the 3 months notice and I can't afford this situation now.

Resignation, in all situations, needs approval. And then there is a notice period involved per Labor law. Please have a look at your contract - termination clause and please follow exactly as it says.

dom75lao wrote:

May I ask you why it is better they terminate the contract (they fire me) than I quit the job?
To be fired I need a bad misconduct and as an airline pilot it is then harder to get a new job.

I obviously didn't mean to get fired. This would be the worst career mistake anyone could make. While negotiating, this has to be taken in consideration that it doesn't move towards misconduct on your end; and the contract is terminated in mutual agreement. You'll get all your benefits till the contract expiry (Apr 2018) and leave. But if that's not what you intend, go ahead and negotiate.

By the way, I feel like the problem is more about communication. I suggest talking to your colleagues and looking for clear channels/persons to talk to them.

I agree, resignation requires approval and usually it's 90 days notice, unless an employee requested waiving such notice which is an exceptional approval.

Normally, when a staff resigned during his/her vacation, it will be considered as AWOL as you did not returned to work as scheduled.

Regarding the Termination Clause my contract says :
The  Employee  may  terminate  his contract  with  the  Company  by  serving  not
less  than  three  months’  notice  in  writing. Where three months’ notice is not  provided for any reason,  a  penalty of one  full  month fee  as  per  Clause  2.10.1  shall  apply."
Clause 2.10.1 is giving the monthly salary.
The rest of the clause is not useful/interesting for my case.

In my email before I saw the hold of salary I was requesting to meet them to negotiate an early leave with mutual consent and agreement.
They never replied.

May I still have the opportunity to do so? And if yes do you think that I can do it from abroad?

What kind of problem will I have to face in case of making the decision in not coming anymore at my work (and consequently not coming anymore in KSA)?

By the way I don't mind losing this salary if at least I am not stuck in KSA and obliged to work for them...because then I will be working in bad condition thus not fully focused at work while flying...and to me safety come first.

TLL , thank you for the heads up.

@dom75lao:  Just to understand your situation clearly, could  you PM me your exact issues and I might try to answer using my limited HR knowledge.

If I summarize from what I read above: Your contract started from May 2016 and is limited term contract for 2 years with 3 months notice period in case of resignation and with penalty clause included in case of resignation / not serving the notice period.

The reasons that I understood from above is that they backed out on certain promises made and a docked pay and you resigned in Dec 2016.

Initial advise from me since you have valid iqama and your resignation might not be approved officially, it will be better to come down and speak to them and try to resolve things amicably with your employer and find a common ground - even if it ends in exit.  Email or calls may not get the desired results and things might escalate to a state where this could affect future job prospects.

HRGuru

TLL 

hamudi wrote:

TLL 

You are too fast. 14 Feb is 2 months away yet 

Dear HRGuru and dear The LegendLeads,

I do definitely agree with you if I have other job prospects in KSA.
But it is not the case to me.
I have no needs to come back in KSA except to clear this problem.
If I do so they will retain me in non accepting the resignation and consequently in non giving me the exit and re-entry visa easily.
Even if they say the contrary by phone or email they lied to me too many times so why should they say the truth now whereas they NEEDS pilots to fly their aircrafts.
I of course prefer smooth situation. But I would take too much risks in getting back there as I am at the moment negotiating a position at another airline that requires me to be 100% free within the next 5 weeks. AND there are other offers around the world requiring my qualification. I refused offers (and good ones) to stay professional with them although they are not.
My point of view is clear on that : I am not coming back and I will try to clear the situation with them by emails and phone even if you're right on that point.

So my understanding of the situation is that the companies in KSA, whatever their field of competence, have quite a lot of power on their staff. They can refuse a resignation whatever the reasons (having spent money for the Iqama for example and etc...). This is not the case in western countries.

So as I am not coming back my next question is if I can't solve this problem and get an early departure with mutual consent and agreement what will happen to me with regard with the KSA Laws and Administrations? Will I be punishable? Will I be black listed on the KSA territory? ETC...

But if I am not coming back what really are the consequences?

Many thanks for teaching me on that as I will need to inform my expat colleagues who for a few of them want to resign too.

Kind regards

If you have decided already not to come back there is nothing much that you need to do, other than inform them officially of your intent in not returning to KSA. Since you are not coming back, you will lose all benefits and pay due to you in this process. In any case the organization will report you as run away or not reported for work and can possibly black list you from KSA and other GCC countries if they want to. Will they do it and even if they do it will it help them or serve some purpose ..........its hard to say and dont know.

You being a pilot might need to look into this in terms of impact on future work, will it affect your future job.  Will you be flying in to the region again and if so this might cause a problem.

Dear HRGuru,

Many thanks for your answer ... it is what I guessed about the impact on job prospects in GCC countries.
At least I will inform my colleagues on the proper way to quit from their job if they still intend to and it will be their choice to follow it or not.
My future employer is aware of the problem as I prefer being straight, telling the truth and hiding nothing (anyway one day the matter you try to hide will come into the light).

Many thanks again for your time.

Kind regards,

Breaching exit and re-entry visa blocks you from KSA for 3 years.

dom75lao wrote:

Good day everyone,

I'm a pilot and I resign less than 48h ago.
My employer was violating my contract :
- put my contract on hold without valid reasons for 15 days on mid September 2016;
- not giving the proper OFF period as states the contract (6 weeks ON - 2 weeks OFF);
- not giving the proper accommodation (hotel instead of apartment as mentioned on the contract);
- holding my last salary without informing me, without any explanation and until over the bank transfer date mentioned on the contract (10th of each month).
So I resigned with immediate effect on 13/12/2014.
They never replied each time I was raising the problems by emails  and they didn't answered yet to my emails regarding my resignation and the procedure to give back the Iqama in a proper way.
My contract started on May 1st 2016 and should have lasted 2 years (until April 30th 2018).
Could you please tell me who I have to contact to give the Iqama back in a proper way?
Many thanks for your help.
Kind regards,

Dear sir
I'm an ex-immigration staff I will guide you to the right solution.
1- Do you want to continue your contract or not?
2-Do you want to get payed or just leave the kingdom ?

Ex Immigration officer. Hello there.

Dear Dr. Suliman,

Yes, it is what I saw on the internet yesterday afternoon.
And with some complications due to employer willing to take revenge in stating false accusations against the employer.

Thank you Dr. Suliman

Kind regards,

Thank you Dr. Suliman

Dear Ibraheem4145,

"1- Do you want to continue your contract or not?"
Depending now on many things : (in order of importance)
- If my new employer is retracting;
- If the other plans will not work out;
- And then regarding the email the Saudi Company should send me this evening (the  deputy CEO called me 2 days ago trying to solve the problems...I did really appreciate).
I have 1 month to think on that with regard with my exit re-entry visa.

"2-Do you want to get payed or just leave the kingdom ?"
Of course I will appreciate to get my salary and perdiems back (over USD12,000) but if the cost of maintaining my decision in not coming back is to lose that money so I won't mind to lose it.
I just hope I will be able to give back the Iqama in a proper way and that they will give me the Certificate of Service and Certificate of Release of Service I asked them.
I guess that if I want to get paid of the missing salary and perdiems I will have to come back in Saudi Arabia and quit in a more appropriate way (their way)...right?

Many thanks for your answer

Kind regards,

Yep you have to come back for two reasons
1-To get a final exit because leaving the kingdom with exit re-entry visa exiling  you for 3 to 5 years
2-In case you didnot reach an agreement you can start a dispute and get paid with the option of changing your employer (depends on your case and evidence)

hamudi wrote:

Ex Immigration officer. Hello there.

🕺

Dear Ibraheem4145,

1- Well understood : minimum exiling time of 3 years and a maximum of 5 years.
2- If I maintain my decision it is to get an upgrade on upper fleet or at least as Captain on the same fleet of aircraft.

If I come back to work at this Company it seems that I will get back everything easily as they seem really willing to resolve the problem.
But then will rise this other question that I guess already the answer : How will they treat me as soon as they will not need of me as they do now? LOL
So my decision will be made regarding all the information talked above in this forum and of course with regard with this last question (but not the least).

May I ask you how and where to start a dispute in KSA for violation of contract from the employer side?
Of course I kept all the emails sent/received.

Many thanks

Kind regards,

Contact me when you come back to the kingdom and I will guide you to the appropriate  action
Thanks

Dear Ibraheem4145,

If I come back I will do so ... and If not I'll let you know.
Many thanks for your assistance it is really appreciated.

Kind regards,

Dear Dr. Suliman,

My apologies on my reply from your post as there's a mistake:
"And with some complications due to employer willing to take revenge in stating false accusations against the employer."
The last word was EMPLOYEE and not employer.

Kind regards