Friday, November 27, 2015

Problems in Collecting End of Service from Employer

Moosa Sharif: My father has been in KSA for over 35 years now, attached to the same company! The typical old stereotype Kafeel with no regards to his employees, salary issues, people sitting and waiting for Iqama renewals for months and years, each year we have been paying the entire fee from our own pockets to renew the iqama, my dad is around 60+ years old now, and the company is still in disarray... coming to the point, my Dad (n sister) iqama expired on first November 2015, as per company HR, Iqamas are not getting renewed, there are some payments pending from the company to the govt. etc. etc... Now, I want to transfer my Dad under my sponsorship (Engineer profession), we don't want any EOSB etc., because we know the company won’t pay and courts will take years for which we don’t have time or money... Please guide me how can I get my dad (n sis) transferred to my sponsorship!

Steve: You need to have permission of his Kafeel to transfer him under your sponsorship. But I would like to suggest you something. Ask your father to surrender his resignation with 2 months’ notice period with a request that he wants to transfer his sponsorship to his son. Make sure he has "receiving" from his company on this resignation letter. He can also send through Email and keep an evidence of that. Ask him to keep a copy of all the related documents of his job in his custody to prove in the court.

Once two months has elapsed, he can ask them to give him ESB for 35 years. He further has to wait for 30 days and if they do not pay it to him, he can go to labor court against them. Contact a lawyer there who agrees to take 7% to 10% from the proceeds of the ESB so you do not have to pay anything in advance to him. It is right of your father, do not throw it away. It is none of your concern to check the financial viability of his father's employer. Since he will be still living in KSA, he can easily follow up his case.

Moosa Sharif: Once again thank you for a detailed reply Steve, but the question here is, my dad's iqama already expired on the first of this month, and knowing his employer he might not release my father and he will definitely not pay up the dues, there are dozens of cases already against him in labor courts on this matter... Secondly my dad is based in Jeddah and I am in Riyadh, so w/o iqama he and my sis won’t be able to travel at all, till the time all of this comes to an end and his iqama comes under my sponsorship! I want to make it ASAP, and let my father get rid of this Jailor of an employer! For EOSB, we might come up with something, later on!

Personal Experiences of Expatriates
  1. End of Service Benefits (ESB) Calculation
  2. End of Service Benefits before completion of Notice Period
  3. Timing of Receiving End of Service Benefits
  4. Transfer of Sponsorship and ESB - End of Service Benefits
  5. End of Service Benefits and Expiry of Contract


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