Monday, August 4, 2014

FAQ: Termination without Notice

Can my company terminate me without notice period?

Question by Visitor
I have a problem on my company I just file my final exit/termination of contract last May 5, 2014 my contract end on July 1, 2014. Despite of the days we have some kind of negotiations of salary until the day of July 2, I finalized if they cannot give me increase of SAR 1,500 I will go for final exit. Suddenly the situation changed, the company found out some e-mail that I provided some information to our supplier but not our competitor. The HR told me they can terminate me without ESB. Is it possible that the company can terminate me without new contract? However, I am coming in the office not to work but to wait for the decision of management. Until now I'm stuck and stop to go to office in order that they will not use it against me. In case the company will say I intend to work and it means I am entered a new contract. My Iqama will be finished this coming July 28, 2014, I already seek advice on Philippine Overseas Labor office they already send a letter to my company to release me with ESB and exit visa and tickets but it seems they want to pursue my case divulging commercial secrets. What if the company issue a termination without ESB 3 or days before my iqama expiry shall I accept it or not. Please advise.

Answer by Steve
I feel that your company is trying to pressurize you. As far as Law is concerned, company has the authority to immediately terminate you without any benefits if you have really shared some business secrets with the supplier. After that, you can challenge them in the court that the information you have shared is not the business secret. If court agrees, it will give order to your employer to release you with end of service benefits. I have mentioned all the situations when an employer can terminate his employees without any notice period in this article. “Termination without Notice Period

Comment by Visitor
I do not know if the information was that confidential until now I have not seen it. My Iqama (residence permit) here in Saudi Arabia will expire on July 28, 2014 my contract ended last July 1, 2014. My question is, does the company has the right to terminate me even the said allegation or accusations was true? Even I am finished contract. What if the company did not terminate me and I am still here up to the end month, when my Iqama (residence permit) will be expired. What actions do I have to take? What I am thinking is, that the company plan to give termination letter, exit visa and return tickets on my country 3 or 4 days before my Iqama (residence permit) expiry. I don't intend to sue my employer to court I don’t know how long it will takes a months? a year? No salary? The situation is too difficult

Answer by Steve
I have already explained that if said allegations are true, they have every right to terminate you without giving any notice period. If company did not terminate you even when they have established internally about the fact (internal investigation is complete), it means they are trying to pressurize you with wrong intention.  If you are not planning to go to the court (as it is very difficult, time consuming and problematic) you don’t have any other option but to take whatever your company is giving you.

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