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Thursday, 8 January 2015

Legality of Commission Based Salary in Saudi Arabia

My salary is commission based due to which I have not earned even a single Halala from last three months as I was not able to bring new project to the company, now I want to transfer the sponsorship. My Kafeel is not agreeing to it, is commission based salary legal? What kind of action can I take?



Question by Visitor
I just transferred to a new company. They fixed my iqama problem and they promised me that they will give me work and projects but until now I don’t have work. I have been here from last 3 months without work.  I have not received any salary in these 3 months and my iqama has been transferred to this company without any contract or salary. I will earn money from the company by finding projects commission based 40% for me and 60% for the company but as far as I know that's illegal in Saudi labor law. After looking for a project in these 3 months, I did not find any project so I decided to find a company that will process my transfer and I succeed. Now my new company is requesting transfer on my previous company but my current sponsor is asking me to pay  SR 16,500 and threatening me that they will register Huroob case against me if I don’t pay them money immediately. How can I solve my problem? Can anybody give me a advice what should I do? I have no contract in this previous company and I did not receive even a single halala as my salary.



Answer by Steve
You made a blunder by accepting such kind of 60,40 offer. Second, you did not sign any contract with them. You have put yourself in trouble. Now he is blackmailing you. If your new company can arrange visa for you, you should ask your current company to process the final exit and come on new visa. You cannot get transfer without his consent.



Question by Visitor
Actually I did not agree with 60 40 agreement and one more thing, they fix my iqama by under table arrangement. My new employer is willing to pay 16,500 SAR for my iqama but they don’t trust these guys. Maybe they will not transfer sponsorship after taking money. So my HR manager decided to talk with my Saudi sponsor but this Saudi is not cooperating with us. He doesn't care about my iqama because the person who transferred me in his name is the one who wants SR 16,500 not the Saudi. Can I complain this to labor?



Answer by Steve
Yes, in the given scenario you should complaint against him in the labor office and ask for the final exit or transfer. If he processes final exit, you will have to come on new visa. Please read into this link to know about the procedure to register complaint against Kafeel.



Labor Disputes
  1. Register a Case against Kafeel in Ministry of Labor
  2. How labor disputes are resolved in Saudi Arabia
  3. Procedure for Expatriates with Huroob (Absconder) Status to Avoid Jail and Go Home
  4. Check Huroob Status of Employee
  5. Removing Huroob from Iqama

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