Penalties for Breach of Contract....???

shahia · 2014-03-21T14:52:13+01:00

It has really been frustrating for me to find an answer to a simple question. It is more than a month I have been trying all "KEYWORDS" for an online search to get to the fact. However, it seems to be an uphill task to find clarity on an ambiguity in Saudi Arabian Labor Law. It struck my mind, today, that may be I was trying wrong options and that is the reason I am writing, as a matter of fact for the first time, on "Expat.com". At least I will know for sure how much help "Expat.com" can be in times of need. Before I pose the question I would quote relevant Clause from the Saudi Arabian Labor Law which is regarding the subject: "Article 74 If the contract is cancelled for no valid reason, the party who is prejudiced by such cancellation shall be entitled to an indemnity to be assessed by the competent Commission, provided that such assessment shall take into account actual and contingent material and moral prejudice suffered by such party. In the case of the workman, such assessment shall take into account the nature of the work, the period of service, the workman's age, the pay he was receiving, the family burdens he shoulders, the extent to which his income from his new job is lower than the income from his old job, the degree of arbitrariness of the discharge decision, the extent to which this decision affects the workman's reputation, and any other conditions and concomitant circumstances in accordance with the rules of equity and current generally accepted practice." Now the simple question is: "How much will I have to pay towards my employer in case I want to resign from my job as a sandwich artist with a fast food chain of restaurants in eastern province?" The person, who this situation is related to, is not happy and feels depressed with his current role though he reluctantly signed for the same and is into the job for around 5 months. I hope I find some help from this blog and my anticipated gratitude goes to those who contribute. Best regards, Ishfaq Shah

Last activity 24 December 2022 by degraciacamancho

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Lydia73Contributor14 January 2019 08:22:36

#41

116

don't be afraid just make sure that you are covered in terms of law. you can go home if your employer said you can go.

SarahsanchezMember14 January 2019 08:34:03

#42

Thanks for answering madam ... madam if my baba said i can go ?he will be the one who buy my ticket ? Or if possible that i will pay my agency in philippines for all theyve given me like requirements like that.

Lostboyksa2019Member04 February 2019 22:36:11

#43

You may call POLO hotline. Search it on google map POLO Riyadh, the number will appear then you can call during their office hours from 8 am to until 5 pm. Here’s the number 0502850944.

Ola4realNew member25 February 2019 19:00:31

#44

I also want to go home due to emergency.
My contract is 2 years, but i am just 6 months here, i don't know maybe i will pay some amount of money to my kafeel.

Sikandar AbdullahActive member26 February 2019 06:39:02

#45

At these days even in a company they are taking money of iqama fees, if someone going in emergency vacation, So you can go but you will for that

Ola4realNew member26 February 2019 10:08:18

#46

Thanks for your response.
How much am i going to pay?

Sikandar AbdullahActive member26 February 2019 13:57:56

#47

It's depend on profusion of iqama... Like 5_6 hundred per month... But it's also depend on kafeel... May be he take more for ownself

Ola4realNew member26 February 2019 14:36:08

#48

Thanks

Sikandar AbdullahActive member26 February 2019 14:48:18

#49

Welcome

GuestPoster1610Guest09 March 2019 00:43:32

#50

214245

Hello!

I would like to ask how your resignation in Riyadh go? What else did you pay for?

Thanks

dialysisnurseMember11 March 2019 14:48:48

#51

salam!
Please take time to read and help me out.
I’m currently employed here in Riyadh, KSA as supposedly, “dialysis nurse” but as of the moment I am an opd nurse in a polyclinic. I was hired as dialysis nurse and that is also written in my contract. But when I arrived here, I was in shock that my job order is different from what I am currently doing right now. So I talked to the HR as well as the Nurse Manager that it was not stated in my job order to be an opd nurse. I told them that I want to go for exit because I’m not comfortable and did not agree for any job positions except being a dialysis nurse. The nurse manager told me that if I decided to exit, my employer would definitely blacklist me. That scared me and given that I did not know about expatriate laws regarding blacklisting, I stayed. They also gave me assurance of within 3-6 months dialysis project possibility that they are working on;

On march 19 marks my 6th month here, and I’m pretty sure that the dialysis project that they are saying is far possible as of now. So I decided to resign because this is not the work that I applied for and this is not what’s written in my contract. How much would it cost me? Do I have a say? Or would it just lead me to being blacklisted? What can I do? i’m planning if they wont release me now, at least a completion of 1 year here would be enough.

Abdul farazMember15 October 2019 09:02:20

#52

Hi everyone I'm in dammam for the past 40 days now I'm on probation period I'm thinking to go back to my home country coz of my companies strict rules for deduction of salary for small small issues.. Though I'm on probation will my company allow me to go back or any cost I have to pay please help me in this regards

AbhimunnyuMember22 October 2019 00:17:29

#53

Hii

AbhimunnyuMember22 October 2019 00:18:10

#54

For which company

Abdul farazMember22 October 2019 08:10:47

#55

Al fanar coffee

JanubabuMember09 November 2019 17:28:34

#56

i would like to ask.. can i cancel signed contract.. today is nov. 3 and i submit exit letter but the HR refused.. the contract i signed last week of october will start nov. 25.. is there something i need to pay.. ?

r0lanCNew member03 October 2020 17:36:22

#57

how much did you pay exactly maam?

r0lanCNew member03 October 2020 20:41:50

#58

I have almost the same situation with him, however I’m less than a year working in my company, how much do you think I have to pay

Luela marie ricosanaMember24 September 2021 16:12:12

#59

Please response.. i have a breach contract for only 3 months in riyadh as a domestic helper last 2019 because of abusive employer madam is hurting me..means employers fault.., now i want to apply as a skilled worker ( nail technician ) in the same country my question is..
I'am banned or not ?? How can i know if i were banned in that country..

Luela marie ricosanaMember24 September 2021 16:12:30

#60

Ariel CarponMember25 September 2021 05:31:23

#61

YOU CAN FIND NEW EMPLOYEEE AND GET NEW JOB OFFER LETTER, HURRY

Ariel CarponMember25 September 2021 05:35:05

#62

You can transfer immediately if you have a new employer, most of the DH now they can transfer immediately as per the new rules. You can report also to labor if your current employer treat you like animal.

saqayyum2000Serial expat27 September 2021 04:49:37

#63

444

Luela marie ricosana wrote:
Please response.. i have a breach contract for only 3 months in riyadh as a domestic helper last 2019 because of abusive employer madam is hurting me..means employers fault.., now i want to apply as a skilled worker ( nail technician ) in the same country my question is..
I'am banned or not ?? How can i know if i were banned in that country..

pls update if you are in your home country ?
what time of exit they give you , final exit or exit/entry.
do you have any official complain about your last employer?
are you going to use the same passport and if it valid ? prefer to keep that passport with you and attached it with the updated passport if you made new.
need to check different legal aspect only then some one can guide your properly.

Jerson Roi ProvidoMember21 August 2022 20:06:01

#64

@Schyte do you have update on your case?

Jerson Roi ProvidoMember21 August 2022 20:07:30

#65

@Schyte do you have update on your case?

Osman BeyNew member21 August 2022 20:50:57

#66

@Lydia73. Hello. My company not giving me final exit i want to go exit but they said we have lot of job we can't do it. What can I do for that so that I can return back in Saudi in New visa??

Kryptonit3Member22 August 2022 12:38:18

#67

@Osman Bey

1) Did you finish your contract?

2) You have to inform your HR as least 60 Days before you resign (under Saudi labor law).

3) Your company cannot do anything if you finish your contract, even though you have plenty of work.

4) If you are still under your contract they might f**k you up if you keep pushing, and you will not get any benefits or worst.

5) Otherwise if you are planning to go on vacation and not coming back in Saudi, you have to wait for 3 years (Your company probably will ban you).

Md Umar28New member24 August 2022 09:24:43

#68

Hey....

If my iqama is expire. And I take transfer.

I should pay my old kafeel Iqama fees.??

I can take legal action for my previous salary.??

B'cz my company is in Red and he didn't pay us since four months..

My iqama will expire in October. I have been read somewhere that while company is in Red sponsor can't renew Iqama....

Kryptonit3Member24 August 2022 18:07:40

#69

@MD Umar

1) If your Iqama expired some company they allowed you to transfer but there will deduct in your salary for the penalty of your iqama some of them they will bear the cost.

2) I have Bangladeshi cleaner 6 of them are in Red, but our sponsor take action from Red to Green and then Re-new their iqama.

degraciacamanchoNew member24 December 2022 15:45:17

#70

@lina0574 how much did you pay for your employer

degraciacamanchoNew member24 December 2022 17:02:27

#71

@TheLegendLeads I transfer thru qiwa.. my contract 2 years but I want to I quit after 1 year how much I will pay my employer

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