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Please need your support-they are not releasing my EOB cheque

Last activity 14 March 2023 by GuestPoster2202

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GuestPoster2202

I work in one company 18 years then I want to resign them and I found another job with their competitor in automobile world basically in rent a car business

now what happen I transferred my ownership and I start working with new company now old company HR called me

and they thread me you do not visit our existing customers you should not if you visit them we'll make court case against you for approaching and dealing with and you're disclosing our data

I said OK please advice me what i'll do?

i have 18 years experience of sales on rental car business.

this is the one thing

and now secondly when I want to collect my End of benefits and my certificate of 18 years working

they said no we will not give you until unless you'll sign this undertaking & acknowledgement letter

in that letter mention that I cannot work in any rent a car company or any related to this filed and I will not leak any information directly indirectly to anyone

are those things legal in KSA ? can they do such things ?

because they are not releasing my EOB cheque and my experience certificate until I sign that letter

and most of the people are saying to me please contact to labour court and file the case against them so please need your advice

thank you so much

Smiler1

@Muhammed Saud Khan


Hi Muhammed,


First, well done for staying for 18 years


Second, I am not a legal council, so please only take my advice as guidance.


Look at the terms and conditions of your past contract, and see if it states that on resignation, you will not be allowed to work for a competitor in the same industry. If it does, it should say a period; this is standard for many companies.


If it does not, they can not make you sign it because it was not in place when you signed the original contract.

Reference the payment. They can not legally withhold your payment if you have given the stated notice period and have not breached HR or disciplinary procedures.

When you bring this up, this should be highlighted with evidence of each (i.e. a copy of your contract).

If you have all this in place and they refuse, you may need legal counsel to proceed with the payment recovery.


Good luck.

XTang

As above. Non-compete clauses are enforceable in KSA and if you signed one, then you cannot work in similar companies for a certain time period.  If it was not part of your contract then you don't need to sign one. 


EOSB is something different. They cannot withhold it and you need to file a case in the labor court to get it.

Akprince

As above. Non-compete clauses are enforceable in KSA and if you signed one, then you cannot work in similar companies for a certain time period. If it was not part of your contract then you don't need to sign one.
EOSB is something different. They cannot withhold it and you need to file a case in the labor court to get it.
-@XTang

Labor Court ? good to hear that but sound not that good my dear.

I file a cause against my kafeel, kafeel wrote a letter to labor office, and excuse as well and give me letter as well with no give and take between us, and why labor did not favor me to remove my huroob ? and I did suffer with my family for kafeel mistake which he accepted and requested to Labor court to remove huroob and done everything , so please don't say about labor court they will not listen to expat, with my bad experience.

XTang

I think you are hijacking the thread with a silly argument.


Is there a legal way to sort the problem? yes, that is labor court.


Does it work perfectly? no. But it does work well for the majority of the people who approach it via a lawyer vs. going at it on their own.


Is there any other way?  absolutely not.


So there is nothing else that the OP can do except to follow the process. Your comment is irrelevant and illogical. Many people have had positive experiences with the labor court.


Also, your issue is totally different from the OP. Huroob cases are very very difficult to remove and a lot of times, the burden of proof is on the employee. Writing a letter to labour is useless because filing false Huroob is a crime.... I doubt your employer would admit that in a letter as the penalties are severe. On top, to fight it, lawyers are needed along with entry to maktab Amal and jawazat.  So your issue was handled wrongly by the employer and you both.... Nothing to do with labor court.


OP has a simple issue ie EOSB which is totally under the authority of labour court. So don't compare apples to oranges.

GuestPoster2202

@Smiler1

thank you, yes done my transfer through QIWA platform. and in my contract didn't mention any such cause

Akprince

I think you are hijacking the thread with a silly argument.
Is there a legal way to sort the problem? yes, that is labor court.

Does it work perfectly? no. But it does work well for the majority of the people who approach it via a lawyer vs. going at it on their own.

Is there any other way? absolutely not.

So there is nothing else that the OP can do except to follow the process. Your comment is irrelevant and illogical. Many people have had positive experiences with the labor court.

Also, your issue is totally different from the OP. Huroob cases are very very difficult to remove and a lot of times, the burden of proof is on the employee. Plus the case requires intervention beyond labour court.... From MOI. OP has a simple issue ie EOSB which is totally under the authority of labour court. So don't compare apples to oranges.
-@XTang

They call my kafeel several times to come and he did not show up and labor court told me your kafeel have penalty due to he is wrong, than he did not show up , it's not my fault but why still go against me that and i have to exit , why not him to bring there, only just because he is Saudi ? maybe others got solution for their problems, but hardly we found someone get benefits being as expat.

XTang

@Akprince


I think you are confusing things. Labour court is not a criminal or civil court. It cannot enforce its judgements. To do that, you have to take that judgement to an execution court or other authorities. This is normal.  An execution court will enforce that by freezing employer Bank accounts or CR or other means.


I and many friends have personally had great success with labor court as an Expat multiple times.


This is why I keep saying, use a lawyer. They know how to follow the process to get the judgements enforced.

GuestPoster2202

@XTang

thank you

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