إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Good evening sir,I'm asking regarding to leave...
Good evening sir,I'm asking regarding to leave request for my company that I ddnt renew my eqama and finished my contract to my company also 10years I'm working under the company.my question is what should I do if I can't leave Saudi Arabia to going back to my country beacuse I found another new sponsor my eqama..it is possible?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I'm here in Dammam Saudi Arabia sir.
Lawyer's Assistant: Has anything been filed or reported?
Since I'm working under the compny my company not follow the rules of Saudi labor and especially management in the villa or accommodation I'm working as caregiver in the center but my salary not enough and I have off also but no freedom.oe time I ask my project manager to transfer another sponsor he ddnt give me release so that I file leave request to my company that I want like to renew my resdenr permit..12hours my duty and 1750sr monthly salary without off 2000sr sometimes not complete also.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Ok sir thanks
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Kindly note that, according to the data received by us in your inquiry and with reference to the Saudi residency system and with the abolition of the sponsorship system and its replacement with the system of improving the contractual relationship between the worker and the employer, it is possible to request a change of work without the need for no objection from the employer, provided that the worker has served the owner Work for a period of not less than one year, but it should be noted that this new system has excluded some cases
Private driver, guard, domestic labour, shepherd and gardener. Therefore, the new system does not apply to these categories of workers, meaning that they need no objection from the sponsor to change the work
** If you are not one of these categories, you can request a change of work without any problems, but the employer must be notified electronically and then change the work and services are available through the (Qiwa) and (Absher) platforms, and the Saudi Ministry of Human Resources and Labor announced this in general
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according the Saudi Law, and article (74), the employment contract shall be terminated in any of the following cases:
1-By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, according to article (75)
4. Age of retirement - sixty years for workers and fifty-five years for women workers unless the parties agree to continue to work after this age, the retirement age may be reduced in cases of early retirement which provides it has to regulate the work. If the contract of employment is fixed-term, the period extends beyond the age of one in which case the contract ends with the expiry of its term.
5. Force majeure.
6 - Completion of the facility permanently.
7. Termination of the activity in which the worker is employed, unless otherwise agreed.
8. Any other condition provided for by another regulation
Article (75) If the contract is unlimited, the parties may terminate it on the basis of a legitimate reason that must be stated under a notice to the last party in writing before termination by a period specified in the contract, for a minimum of sixty days if the wage of the worker is paid monthly and not less than thirty days for others.
Article (76)
If the party that terminated the limited contract does not take into account the notice period in accordance with Article 75 of this system, it is obliged to pay the other party for the notice period equal amount of worker working for the deadline itself, unless the parties agree otherwise, unless the contract contains specific compensation in exchange for termination by one of the parties for an unlawful reason, the party shall be entitled by the termination of the contract compensation as follows:
1 - Pay fifteen days for each year of service of the worker, if the contract is unlimited
2 - The remaining period of the contract if the contract is limited.
3. Compensation referred to in paragraphs (1) and (2) of this Article shall not be less than two months' wages.
Private driver, guard, domestic labour, shepherd and gardener. Therefore, the new system does not apply to these categories of workers, meaning that they need no objection from the sponsor to change the work
** If you are not one of these categories, you can request a change of work without any problems, but the employer must be notified electronically and then change the work and services are available through the (Qiwa) and (Absher) platforms, and the Saudi Ministry of Human Resources and Labor announced this in general
It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that according the Saudi Law, and article (74), the employment contract shall be terminated in any of the following cases:
1-By mutual agreement of the Parties, provided that the worker's consent is given in writing;
2. Upon expiry of its term, unless it has been expressly or implicitly extended according to the provisions of this Law;
3. For the convenience of either party to an indefinite term contract, according to article (75)
4. Age of retirement - sixty years for workers and fifty-five years for women workers unless the parties agree to continue to work after this age, the retirement age may be reduced in cases of early retirement which provides it has to regulate the work. If the contract of employment is fixed-term, the period extends beyond the age of one in which case the contract ends with the expiry of its term.
5. Force majeure.
6 - Completion of the facility permanently.
7. Termination of the activity in which the worker is employed, unless otherwise agreed.
8. Any other condition provided for by another regulation
Article (75) If the contract is unlimited, the parties may terminate it on the basis of a legitimate reason that must be stated under a notice to the last party in writing before termination by a period specified in the contract, for a minimum of sixty days if the wage of the worker is paid monthly and not less than thirty days for others.
Article (76)
If the party that terminated the limited contract does not take into account the notice period in accordance with Article 75 of this system, it is obliged to pay the other party for the notice period equal amount of worker working for the deadline itself, unless the parties agree otherwise, unless the contract contains specific compensation in exchange for termination by one of the parties for an unlawful reason, the party shall be entitled by the termination of the contract compensation as follows:
1 - Pay fifteen days for each year of service of the worker, if the contract is unlimited
2 - The remaining period of the contract if the contract is limited.
3. Compensation referred to in paragraphs (1) and (2) of this Article shall not be less than two months' wages.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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