Tuesday, 2 April 2013

Iqama-holding ‘illegal workers’ can sue employers



السلام عليكم ورحمة الله وبركاته

http://www.arabnews.com/news/446806


Iqama-holding ‘illegal workers’ can sue employers


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Those not working under the sponsorship of their company should be deported
according to the law.


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JEDDAH: KHADIJAH HABEEB

Tuesday 2 April 2013

Last Update 2 April 2013 8:20 am

Inspection rounds made by government officers to limit labor breaches have
pushed people working under sponsors other than their own to submit their
resignation from their jobs, resulting in the refusal of some employers to
pay them their dues under the pretext they don’t have sponsors.
In a telephone call to Arab News, Khaled Abu Rashed, a lawyer, said: “From a
legal point of view, any employee can take the employer to court if he
refuses to give him any outstanding dues, such as vacation pay, unfair
dismissal pay or end-of-term service benefits under the pretext that the
employee is not under his sponsorship. In such cases, the employee can file
a complaint with the Labor Office.”
He added: “We hear many stories of employers who won’t give their employees
their rights or delay their payments, thinking they are not entitled because
they are violators and don’t work for their sponsors.”
He also pointed out that the common employer practice of giving employees
compulsory vacation is also illegal and that it is better to rectify their
legal position by allowing for their transfer to another sponsor rather than
forcing them into hiding.
Justice Ministry spokesman Hattab Al Enizi said in a phone interview with
Arab News that the employer, sponsor and employee should all be prosecuted
for illegal practice. He stressed the fact that anyone with a valid
residency, even if he doesn’t work with his sponsor, can file a complaint
with the local employment office.
Legally, Majed Qaroub said: “We can’t say expatriate laborers should face
severe punishment and deportation. We should not forget the employers who
have been exploiting human needs. Their actions are an explicit violation of
the laws and regulations of this country and they should pay the cost of
deportation of violators.
“Those not working under the sponsorship of their company should be deported
according to the law, even if they were born in this country, but
nonetheless, local authorities and the Ministry of Labor should make
exceptions in individual cases."
Deputy Labor Minister Mefrej Al Haqabani said in a statement that the
ministry was and is still carrying out its routine inspections of
establishments to make sure they abide by work regulations and its
complimentary resolutions. He added that ministry's inspectors carry their
official ID cards which they are required to show during inspection visits
and calls on all establishments to rectify their work status to avoid
punishment.



Best Regards,



Muhammad Nadeem Atta

Jubail, Saudi Arabia.

P please don't print this e-mail unless you really need to.

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نَافِعَاًً وَرِزْقَاً وَاسِعَاًَ وَشِفَاءً مِنْ كُلِّ دَاءٍ



“O Allah, I seek beneficial knowledge, wide sustenance and cure from all
ailments from You".

(Hisnul Hasin)

سبحان الله والحمد لله ولا اله الا الله والله اكبر ولا حول ولا قوة الا بالله
العلي العظيم
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