Saturday, November 22, 2014

Legality of Verbal Employment Terms and Condition

My Kafeel verbally agreed terms and conditions with me and then he disagreed with it, what can I do?

Question by Visitor
I have a small problem which I wanted to share and discuss with you. I actually came to Saudi Arabia in Jan 2012 and had to get myself transferred to a company latest by July 2012 as my iqama was about to expire and I was on my father’s sponsorship. I worked in a temporary role for an audit firm for almost 2.5 months then I had to leave as per their policy. I was still under my father’s sponsorship then I started to find a permanent job and I was unable to get. So I had no other option with me my father said me to give transfer to a sub-contracting company in July 2012. Well, I gave that. Everything was done orally over there as he was my father’s friend and he said, work for 2 years then they will see and give me release. I had started to get better offers in that time being even after 1 year I had an offer of almost 8,000 riyals but now I am in a big problem. The Pakistani General Manager who is in charge is denying that he never said this and the owner is a Saudi cruel guy who doesn’t release any one. He cheated me and I am extremely low paid. He didn’t tell me the salary too. I was getting 2,400 riyals till 5 months which is a shock to me I was still hopeless what to do and I had to complete my 2 years with him. After 5 months he started to pay 3,000 and getting 3k since then I want to leave him as I have completed my 2 years as on 16th July. Tell me what are the chances that I can get a release?

I am still not sure about what to do. I went to the MOL as well got the form filled lodged the complaint with the application. My mother asked me not to go as it’s dangerous. The lawyer will charge and take all the saved money. In this context, please advise should I go on final exit or should I fight for the rights? I didn’t give that paper to my Kafeel its still with me and that lawyer also helped me there and after that he disappeared from the screen. He gave me the number and was in contact then he didn’t answer the calls. I am in a severe dilemma and depression. I am unable to sleep and having restless nightmares on this sponsorship transfer your help and advice will be appreciated.

Answer by Steve
First of all, you must admit that your English is very hard to understand. You don’t use full stops which make a normal sentence hell difficult to understand. As far as your scenario is concerned, I will try to answer it comprehensively. There are several issues in your questions and I will try to answer them one by one.

It is very important to have in writing the terms and conditions of an employment contract. I have been insisting my readers to do this since beginning of this blog. I have published a separate article upon this subject, “Factors to Consider when Signing an Employment Contract in Saudi Arabia It was your mistake that you did not write it at the beginning otherwise the problem of transfer of sponsorship as well as problem of salary could never have initiated. Had you agreed to the employer in writing about the transfer of sponsorship at the end of the contract, he was bind to transfer you. I have explained it in this article. “Legal Right to Transfer Sponsorship from Employer”.

Second part of your question is concerned about suing the Kafeel in labor court. Well, you can challenge him in the labor court for release. Now, it depends upon his discretion to release you by final exit or by transferring the sponsorship to another Kafeel. As you already said, your Kafeel would process final exit. So, it is unwise to challenge him in the labor court. Your mother is right; it will waste money and time both. It is better to search for another Kafeel, take a visa and come back again on new visa after having issued final exit from this Kafeel. The process of issuing final exit has been explained in this article.” Procedure of Final Exit from Saudi Arabia

If you have any query regarding this post, please write it down in the comment below. I will try to answer it as soon as possible. Please have a look on the articles written on other topics in our blog by clicking on the below mentioned bold underlined words.


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