Labor Court orders Employer to give End of Service, Experience Certificate and Due salaries to the dismissed worker
Friday, August 19, 2022
Labor Court orders Employer to give End of Service, Experience Certificate and Due salaries to the dismissed worker
A Labor Court in Saudi Arabia's capital city Riyadh has ordered a company to pay due salaries and end of service award in addition to an experience certificate to a worker who has dismissed from work without mentioning any genuine reasons. Join Saudi Expatriates channel on Telegram
The Labor court issued the verdict after the failure of employer to attend the court proceedings. The judgement was final and the employer is not able to appeal against the verdict, added in the judgement.
- An employee approached to labor court with lodging a lawsuit after the company's termination of him from work, stating the closure of one of its branch as the reason. The worker said that the employer failed to give him the end of service benefits, some of his wages, and the experience certificate. The employee prove his claim by producing a letter received from the company's human resources department informing him about the termination of service. Read : Delaying the salary of the worker is a violation of law and this is how one can report it
- The worker in his petition demanded compensation for the unlawful dismissal, which is 2 months of salary as per the Article 77 of the Saudi Labor Law.
- The judge asked the company to respond to the claims of the worker, but the company ignored the court's directive even after being notified electronically through the portal of Najiz Center for Judicial services.
- Afterwards the judge asked the plaintiff to undertake an oath to prove his claims due to the company's lack of response or attendance, so he submitted the oath stipulated by the Shariah Law, according to a report of Saudi Gazette. Recommend : Police is the competent authority for receiving complaints against harassing employer
- Then the judge ruled the company to pay the delayed monthly salaries, end of service gratuity equivalent to half a month's salary for each year of the first 5 years, as per the Saudi Labor Law and a financial compensation to a full 2 months salary for the illegal dismissal.
- The court also passed the judgement to give him an experience certificate free of cost with a condition that it does not include what harms his reputation. The court considered the worker's obtaining an end of service certificate aims to allow him obtaining a new job.
- The experience certificate must include details like date of joining, date of end of the labor relationship, worker profession and the amount of salary he was receiving, the judge said while pointing out that the right is established in Article 64 of Saudi Labor Law, and that the refusal of the accused to fulfill this right is not legally justified. See Also : 60-days notice period is required to end the work contract
