Saturday, 14 June 2014

Enforcing Labor Office Decision

My Kafeel is not accepting Labor Court Decision made against him, what course of action I can adopt?

Question by Viewer
Dear Sir, I found in internet that you are helping people solved their labour issues. My case is like this.

Seven years ago I was an illegal alien here in Riyadh, luckily because of the Government amnesty I was able to transfer to another sponsor without dealing to the old one. The new sponsor gave me Iqama and told me that he paid SR 14,000 just to issue my Iqama and medical card. So off I worked with him. At first it was ok and smooth but on the month of March things went awful. He didn’t give my salary and worst he didn’t pay for the housing. It was 2 am in the morning and I arrived in my house without electricity because the owner cut it as my sponsor is not paying for the monthly rentals. I called my sponsor but he didn’t answer till the next two days. So what I did checked my Iqama status, only to find out that I am Huroob!! What I did was I went to Maktab Amel to file complaints against my sponsor. After a week we saw each other in Maktab Amel and we agreed that I will just pay SR 14,000 for my transfer. So I went and search for a new sponsor. Luckily I found one...who is willing to pay and absorb me. The company is based in Jeddah so what they did they come to Riyadh to talk to my sponsor and my sponsor agreed and told them that he will do his part and cooperate in transferring my papers. But a week has passed and my sponsor did nothing. He always tells tomorrow, so the company went back to Jeddah.  What I need now is why my sponsor doing this to me? What shall I do? I already reported in Maktab Amel and we tried desperate measures but to no avail. What shall I do? I need to get out of this situation ASAP, I am not working for two months already, Please help me.

Answer by Steve
I am very sorry to know about your situation brother! It is really un-human behavior. Only one point which I could not understand is when you went to Maktab-e-Amal, why did you go for out of the court settlement. You agreed to pay him SR 14,000/- for the transfer of Iqama. What I understood it is not the decision of the Maktab-e-Amal. You made an out of court settlement! Have you paid him SR 14,000/-?

If it was a decision of the labor court, you can go again to the court and it will enforce the decision forcefully. You should check if your Kafeel is in Red or Yellow category of Nitaqat? If he is, you can get a transfer even without his consent. I have explained the procedure in this article. "Process of Transferring Sponsorship if Kafeel is RedYou can check his category from the following link.

Comment by Viewer
I haven’t given him any amount for it was agreed that he must cancel my Huroob first from maktab amel and Jawazat before he could get his money. He signed the agreement. He doesn’t have a company but a non-existing establishment with Platinum status. This week, what the new company will do is that they will hand over the amount to maktab amel so my sponsor can start his cancellation of Huroob. My sponsor has delaying tactics. He wants to get first the money but we know that maybe he will not cancel the Huroob. This is fact for he always told us every day that he'll cancel it but he's not doing anything. Prior to this, yesterday I got a call from him and accusing me of stealing money from him, which I denied as he don’t have any proof. This man is beast! I wish I could just get out of his power easily!

Answer by Steve
All my sympathies are with you. This kind of guys is crocodiles. You have already adopted correct way of action by going to the labor court and pursuing the matter there. Since labor court has decided the case, they will enforce it. I am happy that at least new company is taking care of this matter. While depositing the money to the labor office, your new company should also complaint about the delaying tactics of current Kafeel. Only labor office can help you to get rid of this person. You are the first person on this blog who went through the labor court proceedings. I would highly appreciate if you could share with us whole procedure of going to the labor court, pursuing the case and making it till the end. You can include your suggestions which you want to give to the followers. It will be a real help for the society. I could not help a lot to you, but I always try to help each and every person who comes to me through this blog. I will be waiting for your response!


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