Friday, 10 October 2014

Rights for Employees in Absence of Contract in KSA

Every employee has a basic right to have a contract signed by his employer and himself in Saudi Arabia. Saudi Labor Law emphasizes the importance of having a contract and bounds the Kafeel to have a contract signed between him and employee but still many employers don’t follow it. People complain that they keep on asking for a contract from their employer but employers don’t give them contract. In absence of the contract you don’t even get to know about the rights for which you are entitled to, you don’t get to know about the term of the contract. Here in this article, I will be writing about the different course of actions you can adopt in such situation and about your rights in absence of the contract.

Course of Action in Absence of Contract
Absence of contract pertains to the violation of the Saudi Labor Law against which a complaint can be lodged to the Ministry of Labor. Ministry of Labor will also take an action against the employer who did this violation. I have explained the procedure to lodge a complaint in this link “Register a Case against Kafeel in Labor Court”. But please hold on, this is not as simple as stated in this paragraph. As soon you will complaint against the employer for not having a contract, he will be communicated. Do you know what will he do as first step? He will terminate you from his employment. After that you will have to fight a case against him for 3,4 months and the benefit will be for those employees who are still under his payroll. This is the reason no one raises voice against this violation. However, even in absence of contract, you have some employment rights and I will be detailing about those rights below.

Contract Completion date in Case of Absence of Contract
There are detailed guidelines by the Saudi Labor Law about the completion date of the contract and we have explained about it in this link “Completion of the Contract under Saudi Labor Law”. But there is a problem even in that link that it does not talk about the completion date of the contract in case of absence of the contract. In absence of the contract, Iqama Expiry date is treated to be the completion date of the contract. If you don’t want to continue with the employer, you can serve a month notice with resignation and leave the employer before contract completion date. A detailed guideline regarding this matter has been given in this link “Fixed Term and Indefinite Contract under Saudi Labor Law”.

Rights Available to Employees in Absence of Contract
Although in absence of contract, many employees are deprived of the rights which should have been available to him but still there are some basic rights for which every employee working in Saudi Arabia is entitled to as per Saudi Labor Law. We have already published several articles about each and every right available to you in case of absence of contract. Click on the below mentioned rights available to you to read about the details.

  1. Recruitment Expenses is responsibility of Kafeel
  2. Right to have Iqama
  3. Right to Renew Iqama
  4. Right to Keep Passport with you – Your employer cannot Keep your passport with him
  5. Probation Period cannot exceed 3 months
  6. Working Hours cannot exceed 48 hours a week
  7. Annual Leave, Sick Leave, Hajj Leave, Marriage Leave and many others
  8. End of Service Benefits
  9. Iqama Transfer Fee is to be paid by new Kafeel


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