SAUDI EXPATRIATES

The woman's two-month salary delay reportedly led to her dismissal from a private company. The court ruled that the employee should get compensation since her contract was for a set duration and there were still 18 months and 15 days left.

According to the verdict, the total remuneration includes her earnings throughout the notice period, any unused leave, an end-of-service award, and a certificate of experience in accordance with the Labor Law. The court made note of the ruling's severity and implementation.

The female employee allegedly sued the private company in which she worked, claiming that her dismissal was based on no reasonable grounds and that she had also been the victim of harassment, including insults and the imposition of fines and penalties without proper explanation, as per Okaz report. Because of this, she went to the labor office and decided to take a leave of absence until the complaint was settled. She sued the establishment, claiming it abused its position of power and demanding punishment.

In his memorandum in response, the company representative said that the complainant had quit working, and that this was the reason the business had to enforce the rules laid out in the Labor Law against her. The court found that the suing employee had claimed that she had gone on leave for two months because she had not received her pay, but the company in question had admitted that the the complainant had not received her pay for that time because of the company's financial problems. Most Viewed : Saudi Arabia considers exemption of Expat levy and Custom duty on non-profit sector

The court ruled that the employee's right to be absent from work due to unpaid wages is specified in Article 81 of the Labor Law. As a result, her dismissal for this reason is illegal. The complainant is also entitled to compensation for her dismissal, as stated in Article 77 of the Labor Law. Therefore, the court's decision was arbitrary, and she should be compensated.

Additionally, according to legal expert Khaled Abu Rashid, who spoke with Okaz news, there are 7 scenarios in which a person is allowed to leave their job without giving notice while still retaining all of their legal rights.

If an employer fails to meet his legal or contractual responsibilities, or if an employee can prove that an employer or his representative misled them about the terms and conditions of employment when they signed the contract, the employee has the right to leave their job.

The third situation is when the worker is unexpectedly and drastically redirected to work that differs significantly from what was originally agreed upon by the employer. A member of the employer's family or the accountable manager committing an act of violent violence or engaging in immoral behavior towards the worker or his family constitutes the fourth scenario. Read : Car rental vehicles can now used for delivery

According to Abu Rashid, there are three situations in which a worker may sue their employer for damages. The first is when the employer or manager treats the worker cruelly, unfairly, or insultingly. 

The second is when the worker faces a serious health or safety risk at work and the employer knows about it but does nothing to fix it. Lastly, the third is when the employer or representative uses unfair treatment or contract violations to make the worker feel like they are the ones who terminated the contract.

According to Abu Rashid, when an employee's employment contract ends, the employer is required by law to provide him with a free service certificate that details his employment history, including the start and end dates, as well as his occupation and last pay.

In addition to returning the worker's certificates and other documentation, the employer is also prohibited from including anything in the certificate that could damage the worker's reputation or limit his employment options. Join Saudi Expats news channel on WhatsApp

Riyadh court awards female Employee SR275000 for unfair removal