Dear Brothers and Sisters,
Peace be with you.
I am working in well reputable country here in KSA, and for almost 4 years of working here I can say all is going so well, until for the past few months, unfortunately our company has to suffer terrible crisis such as other companies are dealing as of the moment, now the thing is, our company has a sister companies as well and some of us (the employees) has been transferred with the same offer our current company has to offer, and others are terminated, but there is one concern I just want to you guys who has a knowledge about this matter. It is when the admin called me for a meeting and offered me a transfer in their sister company but the employment offer changed as is very different to what I offered before, now when the time I didnt accept the offer and decided that I will just accept if they terminate me for not accepting the transfer, the admin told me that if I will not accept the transfer and should file resignation, but the thing is if I will file a resignation, definitely my end of service benefits will be affected coz according to saudi labor law, if the employee resign with his term of employment is above 2 yrs or below 5 yrs he or she will receive 1/3 of the benefits entitled. But when they terminate me I will receive the righful benefits that I must receive which is the main reason I am needing you kind and expert advices, Now again Im asking, is there any violation from the law when the company forced you to file resignation? Or is it legal for the company to tell their employees to file resignation because of the grounds that I did not accept the transfer they offered me?
Thank you for the future advices that you guys can spare. It will be a big help for me.
May Allah Bless you all for your kindness.
Force Resignation by Company
Company can't force you to resign, but can't send you exit if it's company visa. You can insist not to work and want to exit, they can't stop you by force neither, or ask to transfer your sponsorship, after all if they not accepting anything, then go to labor office and file the case and explain what company did to you. it will be in your favor.
Thank you for answering my question brother, this enlightens me a lot coz I really dont have any idea what to do. Thank you so much and may Peace Be With You always 🙏🏻♥️
Actually, they are offering you to transfer to their sister company (same entity). The notion of forcing you to resign is from you not from your company as per your long story. No legal issues in this respect.
File resignation to get out in your situation if you won't accept your company option offer - if your current employment contract still in effect. You receive less ESB in this stance. If your contract ends, file non-renewal of contract – you will receive more ESB on condition that you signed specified contract (limited terms); and not unspecified contract.
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