Menu
Expat.com

Termination according to article 98 paragraph k

Last activity 28 October 2024 by XTang

Post new topic

jessiechetty4

Can someone explain this termination to me

I was terminated with no explanation

No salary

No service bonus


Is this allowed.

jessiechetty4

Terminated whilst on vacation.

No representation

No enquiry

Just a letter terminated article 98 paragraph  k

Pathfinder28

base on KSA Labor & Workmen Law...


Article 98:


The workman shall use the safety equipment designated for each operation and shall preserve such equipment. He shall abide by the instructions laid down for the preservation of his health and for his protection from injuries and diseases. He shall refrain from any act or negligence which would result in failure to abide by the instructions or in misusing or impairing the equipment provided for the protection of the health and safety of his fellow workmen. The employer may include in the disciplinary rules a provision for the punishment of any workman who violates the provisions of this Article.



Did you violate any of these?

XTang

Let's make a distinction here.  Saudi labor law allows for termination of a fixed term contract only under the following conditions - in italics (Article 80).


Forget article 98 - your employer is quoting the older labor law of 1969 but even that incorrectly as termination clauses and paragraph k is not defined there under article 98.  Even some Embassies have listed that vs. the official labor law that is in force. Under the official labor law which is on the ministry website, article 98 is something else. 


https://laboreducation.mlsd.gov.sa/site … /Labor.pdf


As I said before, termination without cause falls under article 80.   Read below to see if you are guilty of any of the below items.  If not, you can take them to court.  If you are guilty and they can prove it, forget about it.   The safety point posted above by the other poster is actually covered in point 2 below.  However, they have to give you a chance to state your reasons for any violation that you committed - but in practice, that doesn't mean much.........any email sent by you in response to HR, any meeting with employer where they documented in the minutes that you were told about this and had a response.........is enough.   If they can prove that you violated any of the below, then it's basically game over irrespective of chance to state your side - that is more of a check the box kind of thing in that case.


An employer may not terminate the contract without giving the worker an award, advance notice, or indemnity except in

the following cases, and provided that he gives the worker a chance to state his reasons for objecting to the termination:

1. If, during or by reason of the work, the worker assaults the employer, the manager in-charge, or any of his superiors.

2. If the worker fails to perform his main obligations arising from the employment contract, or fails to obey legitimate

orders, or if, in spite of written warnings, he deliberately fails to observe instructions related to the safety of work and

workers which have been posted by the employer in a visible place.

3. If it is established that the worker has committed a misconduct or an act infringing on honesty or integrity.

4. If the worker deliberately commits or omits any act with the intent to cause material loss to the employer, provided

that the employer reports the incident to the competent authorities within 24 hours after becoming aware of its

occurrence.

5. If it is established that the worker has committed forgery to obtain the job.

6. During the probation period.

7. If the worker is absent without a valid reason for more than 30 days in one contractual year or for more than 15

consecutive days, provided that the dismissal is preceded by a written warning from the employer to the worker if the

latter is absent for 20 days in the first case and for 10 days in the second.

8. If it is established that the worker has unlawfully taken advantage of his position for personal gain.

9. If it is established that the worker has disclosed trade secrets.


Is this clear now? 

Articles to help you in your expat project in Saudi Arabia

  • Starting a business in Saudi Arabia
    Starting a business in Saudi Arabia

    With Saudi businesses increasing by 16 percent in the final quarter of 2023 and a 23% increase in commercial ...

  • Working in Saudi Arabia
    Working in Saudi Arabia

    Finding a job in Saudi Arabia is mostly done before entering the country. Employment visas are still the most ...

  • Working in Jubail
    Working in Jubail

    Jubail is a city in the eastern province of Saudi Arabia, and it has a population of around 500,000 people. It is ...

  • Working in Riyadh
    Working in Riyadh

    As the capital city of Saudi Arabia, Riyadh is one of the biggest urban communities in the country and is home to ...

  • Working in Jeddah
    Working in Jeddah

    Jeddah is the most diverse city in Saudi Arabia. It is home to 3,75 million people and to the largest ...

  • Working in Dammam
    Working in Dammam

    Dammam, the Eastern province's capital city, is a very dynamic city in Saudi Arabia, almost as much as Khobar. ...

  • Working in Yanbu
    Working in Yanbu

    Yanbu, which is found near the Red Sea, is deemed to be a port and industrial city. Situated on the ancient ...

  • Internships in Saudi Arabia
    Internships in Saudi Arabia

    Performing an internship in Saudi Arabia can be an interesting and enriching experience for young professionals. ...

All of Saudi Arabia's guide articles