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Termination of Contract by Employee

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ceergeon101

Hi, I am a nurse here in Saudi Arabia. My contract is 2 years. I finished 1 year already and planning to resign to go back to my Country. My company said that i need to pay the remaining months multiplied by my basic salary. Does my company have the right to claim such penalties or the only governing body that could set the amount that I need to pay is the Commission of Labor Dispute? Another thing is, I did not sign any contract when i arrived here in Saudi Arabia, my contract is a standard contract format provided by Philippine Overseas Employment Agency. Under the termination of contract clause, I can terminate my contract provided that I give 1 month prior notice. If I did not give prior notice, i will shoulder all expenses for my repatriation. It is not indicated that i must pay them the remaining months multiplied by the basic salary. I hope someone could answer my question ASAP. Thanks in advance.

Ali.Alfayez

First of all i advise you to contact Ministry of Labors hotline. They have free co consultants that speaks multiple languages to support guide you through your situation.

You can call the Ministry of Labour's Contact Centre at 1-877-202-0008 to make a complaint. You can call them any time.

Ive long experience in Labor disputes & i can simply tell you that your company has no right to make you pay anything at all. Specially that you have completed a year with them. The only thing they are entitled to have is 60 days notice not 30 because the labor law was updated last year with increasing the notice from 30 to 60 for both parties who ever wants to terminate the contract. However my experience is not in the healthcare sector. There mightt be something special for healthcare. So i advise you to Contact MoL.

Regrads,
Ali

ceergeon101

Thank you so much for your fast and detailed response. I will try to call the Ministry of Labor Hotlines. May I have a follow up question? I want to go back to my Country but my co worker wants to transfer to another clinic, our Iqama will expire in 2 months time and also it has a low green status. Can she transfer to another clinic? Is that possible sir?
I don't want to initiate any trouble in this lovely Country. Even though our clinic threathens our health safety due to many violations, I don't want to file any case against them, I just want to go home. And I don't think paying them "12 months multiplied by my basic salary" is a justifiable penalty for not finishing my contract. We have reasons but we.just want to leave with no problems.
Anyway, thank you sir.

Ali.Alfayez

Glad to help.
Regarding your co worker. They have to get the approval from his employer to transfer to another entity. They only time she can transfer without your employer permission, is if your employer status is in Red category. Since your employer is in light green he wont be able without their consent specially if your co worker came to the country on their visa.

Regarding tour situation, your employer has no right to make you pay for the remaining of your contract. Maybe they might be able to claim the balance cost of your visa because they paid it for bringing you to work for 2 years but they might not tell you that to scare you.

If your employer did any type of training or certification for you that costed them money they can claim it if they have a contract with you stating how much it cost them & what period of time they need you to work till they recover the cost. For example they paid 50,000 sar to train you & certify you on a certain system. In that case they can sign you a documents state that due to this training you agree to work for a full year or 2 years to waive this cost. Ither than that you cover the cost of the remaining balance. Something like that.

Dont worry. Some people or employers tries to intimidate employees specially expats to make things done their way. You are in a county that has laws in place to protect you. Labor law is clear & i beleive is fair.

Hope this answer your question

ceergeon101

Thank you so much sir for your advise and time. I hope this problem will be resolve soon.

Samkhan0

I have a problem that i am new here 6 months over now as per my contract 9 hrs duty and one week off as they said in contract but they are telling me to work 16 hrs with no weekly off then i complaint to office which i came from india now they from 2 months they have sitted in villa without job and no salary no food allowance just i complaint about them. Now what to do i don't know how to survive here without money. They are telling u have 2 yrs contract u have to do work as we says u or pay 15000 sr and go to ur country.
So plz help me out ASAP.

Vj Caintic
@ceergeon101

Any update about your problem
?????? ??? ???9817

Sir, I will go to another company after Eid

ceergeon101

@Vj Caintic  Whew! It has been 3 years already.. May I ask what is your nationality? But to answer your question, We settled by finishing our contract. In exchange, they provided the things we needed. As per agreement, they followed the health and safety protocols for nurses inside the clinic, they manage to  adjust the working hours since they won't pay for our OT's (win-win situation)... They provided some of the things we needed in our accommodation. Since they listened to our concerns we lowered our pride and just work with them. Although the Labor Law states that we can terminate our contract after 1 year, our embassy suggested to try to settle first the problem with our manager and kafeel before they make a move. They also reiterated that, the only way we can leave the company is when we can file a complaint stating valid reasons that would nullify our contract with them. It's a very long and exhausting process. I can't handle anymore fiasco, I was too stressed out already so we decided to go with the "negotiation process" and settle things without any government agencies involved. We are lucky to settle it fruitfully.. In your case, try to talk to them since you are still on your probationary period, maybe they can let you go depending on their  understanding with your situation. Apart from that, I don't think you can go back to your country since they already paid all the expenses to employ you. Friendly reminder, before working abroad, ask yourself first if you can handle the pressure. It is never easy and it will never be easy. Maybe try to go to your embassy and ask for their advise. If you are not in danger and you are not abused, try to be strong and find things to enjoy while you stay here in Saudi arabia. I am loving it here so far. Good luck to you brother.

yashikajoe
Please  find office  clerk work

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