Friday, January 30, 2015

Signing a letter forcefully under pressure of Kafeel

My Kafeel is asking me to sign a letter that I will not enter back to Saudi Arabia again upon my resignation. Otherwise, he will not process my final exit. Is it a legitimate claim?

Question by Visitor
Hello sir, if I finish my contract and after that I want to go on Final exit, can my employer blacklist me or not? I have been working in this company from around 9 years but since I came back from vacation there is remaining 8 month to finish my 2 years contract. Now there was some problem at my house and I requested them to issue final exit to me. They told me I have to pay some amount for them or they will give me letter for blacklist ban. Is it according to Saudi law? I have not done anything wrong. I have just resigned before completion of my contract. Now they told me like this and now I am planning to finish my contract and I want to go on final exit but I am afraid they will ban me.

Answer by Steve

  • If you are working with the same employer from last nine years and the contract is auto renewable, you do not need to complete the contract. Please read into this link for details “Fixed Term and Indefinite Contract
  • No one can blacklist you without any reason unless you sign some document yourself. Be careful while signing documents in the future. Read into this link in detail to know about the blacklisting thing “Can Kafeel Ban or Blacklist an Expatriate?”
  • It is very important for you to understand that any clause in the contract or signed in any other manner restricting you to work for any other employer in Saudi Arabia is void ab-initio. It does not have any legal ground. No one can restrict anyone to work in Saudi Arabia but MOI. However, your employer can only restrict you from working with a competitor.

Question by Visitor
Yes I am working with same employer but they have given to me memo that I have to pay some big amount of money for them and I have to sign Saudi Labor Law ban letter. I have seen one of my friends who went on final exit also. He also signed ban letter. If we do not sign, they will not give us passport and ticket please tell me what should I do...?

Answer by Steve
9 Years is a big deal. Why to sign a letter if you have not received any money from them. You can challenge them in the labor court and ask for your right. Please look into this link “Register a Case against Kafeel”. Moreover, don’t even think to leave your End of Service Benefits to your Kafeel. Take it before going back to your home country. Read here for the calculation of “End of Service Benefits.”

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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