Monday, March 2, 2015

Nature of Employee Contract of Manpower Supplier

I am an employee of sub-contracting Manpower Company, contract term of my company with a client has finished, I have resigned from the company. Can my employer hold me after resignation?

Question by Visitor: We signed a fixed contract of two (2) years. Let us say we started to work here on January 2013. Now, the company's contract to the government expired last June 30, 2014 but unfortunately the former was given a 106-days extension that will soon to end this coming October 17, 2014. A letter from our contractor was posted stating: "TERMINATION OF EMPLOYMENT CONTRACT - The company regret to inform all employees that, according to the terms and conditions of present contract agreement: we inform you that the company will end on the 17th day of October 2014. Employees who would like to continue with the new contractor will coordinate with the project manager on or before September 29, 2014. After the expire date, the company will process the expatriate program for those who declined to continue with the new contractor. The company appreciates and thanked all employees for their contribution and commitment towards the company's contract and wishes you good luck on your future endeavor."

A new company/contractor has been awarded to the government's project. Some of us were not satisfied with the new policies as well as the salary of the new contractor. So we decided not to sign the job offer and decided to file individually a: nearing end of company's extension and employment of contract to our present contractor even if we are still under contract by less than 3 months. It has been approved by our superiors and has already submitted to the employer’s admin office for further processing such as requests on the arrangement of my service award, benefits, remaining salaries, and my air fare/ticket to my origin, as well as my No Objection Certificate (NOC), Good Moral and Employment Certificates. As the extension end is nearing, rumors came out that the government will be holding us (under the current contractor) for other 3-months.

My question is:
1. Are we allowed to receive such ESB, accrued vacation days and etc?
2. Does the government have the right to hold our departure and force us to continue to work 3 months extension with our current contractor? (not the new contractor) Looking forward on your reply on this matter. Thank you and more power!

Answer by Steve
Government has no relation with this but your employer can hold you till the completion of your contract which is January 2015 I guess. Government can pressurize your current company to hold you till that time.
Second, you should get ESB and other benefits as it is termination not a resignation.

Resignation / Termination under Saudi Labor Law
  1. End of Service Benefits (ESB) Calculation
  2. Compensation in case of Work Injury as per Saudi Labor Law
  3. Retirement Age in Saudi Arabia
  4. Notice Period under Saudi Labor Law
  5. Resignation without Notice Period under Saudi Labor Law
  6. Termination without Notice Period under Saudi Labor Law
  7. Can I request Final Exit within 3 months?
  8. >


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