Sunday, February 15, 2015

Delaying Final Exit after Resignation

Does my employer have the right to hold me in Saudi Arabia and delay my final exit after the notice period of my resignation is completed?

Question by Visitor
Hello there. I would like to ask if anyone here has experienced going to Ministry of Labor in Riyadh. I would like to know what they can do about my case because my contract is already finished last September 17, 2014. I passed my resignation letter 4 months ago. My fellow nurses and I decided to stop working by September 30 but our manager/CEO said he will hold our salary and end of service pay if we stop work by that time because the new nurses will still arrive on October 5. Our manager told us to just work until October 10 since the new nurses are already here by that time. Seven nurses have arrived. Now it's already October 10 and he won't allow us again to stop work and go on exit because he said he still has the right to put us on hold for 3 months. We really want to go home already. You think the Ministry of labor can help us with this? Can our employer really put us on hold for 3 months even our contract is finished already? Thanks in advance. I really need help on this matter.

Answer by Steve
Your employer does not have any right to hold you for 3 months if you have already resigned with the notice period mentioned in the contract. But the fact is that going to labor office will also take 3,4 months to resolve your case. Someone shared her experience of going to labor office with us which you can read in the link below “Register a Case against Kafeel

Question by Visitor
Thanks for your reply Steve. I appreciate it. Can he not hold us even though we don't have any replacement yet? Because, his reason of putting us on hold is because the number of new nurses is still not enough to replace all of us who are going home. And he is threatening us that he will not release our salary and end of service pay unless we wait for new nurses to come before we stop working. And another thing Steve, he did not give us a duplicate copy of our resignation letter the time he received it from us 4 months ago. I'm afraid he'll use it against us in some way and make stories that we did not pass any resignation letter. Thanks so much Steve.

Answer by Steve
You should have received receiving from him about the resignation or sent resignation through email. He can say that you have not even resigned and you do not have anything to prove in front of Judge. I think in current circumstances it is better to wait for the nurses because going to labor office without evidence will be in favor of your Kafeel.

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