Monday, July 14, 2014

Appointment, Termination and Change of Sponsorship

Please answer my few questions regarding appointment and termination of the contract?

Question by Visitor
I will really appreciate if you give me the answers of some of the questions related to my scenario.
  1. My profession is Muqaddam Tuaam (waiter) on my visa and still my probation period is going to start. I am an M.COM and part qualified CIMA (UK). The job they have offered me is Assistant operational manager, kindly tell me am I able to change my profession after signing the contract with this company?
  2. Is this profession qualified to bring my family over here? If my employer doesn't allow me to change my profession from waiter to Assistant operational manger, what could I do??
  3. If I find another job during probation period or I am not satisfied with the facilities offered, can I ask my employer to give me final exit before the iqama issued?
  4. What could be the consequences if I violate my two years contract?
  5. If I don’t want to continue the contract after one year, and want to terminate, what could be the proper procedure and channel to do so. I will be really thankful if you give some time to answer that.

Answer by Steve
  1. Waiter is not authorized to bring his family to KSA. You can change your profession after joining and the procedure has been explained in this article. If your employer does not permit you to change the profession, you cannot do anything since you have accepted him on the profession of Waitor.
  2. Yes, you can ask your employer to process the final exit. It is your legal right to do so. But generally, employers ask you to pay the money they have incurred on visa processing and in bringing you to KSA. Although this is not legal to charge money from the employees, but still this is a normal practice.
  3. You cannot do it without consent of your employer. Your employer will not process the final exit visa for you.
  4. I have explained it in this article. “Two Years Rule for Transfer of Sponsorship
  5. Again, you cannot do it without consent of your Kafeel. There are two possible ways of terminating the contract.

Comment by the Visitor
Thank you so much Steve, I must say that you are an oasis in the desert. I have few more questions to solve my confusion.
  1. Can I also ask final exit from my employer in the middle of the contract? If he forces me to complete the contract and I wanted to go back, what could be the best solution?
  2. Employer didn't pay anything to bring me here, he only incurred the visa cost, which will be remain with him after my final exit, and may be some expenses related to attorney letter made for agency. Can he ask me to pay him these costs? and what are the costs?
  3. What are the penalties to go to my country on exit re-enter visa and not come back?
  4. If I got a job offer from any other company during the probation period and before the iqama is issued, do I still need to have NOC from employer??
  5. If it is not legal to pay the money to employer, how can I stop him from it?
  6. What would be the notice period if I give resignation to the employer and ask him to process the final exit? What is the time which can be taken to process the final exit?

Answer by Steve
  1. You cannot terminate it without consent of your employer. In extreme situation you will have to contact Labor Office. You will have to pay your Kafeel an amount equivalent to your salary for the remaining term of the contract. Let’s say if you terminate the contract 7 months before its expiry, you will have to pay an amount equivalent to your 7 months’ salary to the employer. Please read this article for detail. “Termination of Contract
  2. I do not know about the cost but employers normally ask for it.
  3. I have covered this in this article. “New Visa after Expiry of Exit Re-Entry Visa
  4. Yes you still need permission from your Kafeel unless your Kafeel is in red category.
  5. Contact labor office but it will involve a lot of cost
  6. I have covered the issue of notice period here in this article. “Notice Period under Saudi Labor Law

Comment by Visitor
  1. The notice period during probation period is not covered in the article. Kindly let me know that before how many days I have to notify the employer to leave the job during the probation period?
  2. If I request my employer to give me final exit during the probation period, and he does not get agree to it, what course of action can I adopt? If I go to labor court, what help they can offer me and in how many days? What can be the cost I have to bear if I came here on my expenses?

Answer by Steve

  1. There is no need to give any notice period within the probation period.
  2. You do not have any other option but to contact labor office. I do not have any idea about the time and cost it will take. But keep your passport with you; do not give it to your employer. 


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