How To Register Labour Complaint In Saudi
Saudi Arabia aldo known as Kingdome of Saudi Arabia also abbreviated as KSA.It is home to many foreigners because it has a million of job vacancies so many expats rush to Saudi Arabia to do jobs and earn money.Most of the foreigners specially Pakistani are driver,mechanics and labour.
The expats needs a sponsor to sponsor the visa for them that is called employer also.In case their is any hassel between the employer and labour than he can complaint against him.If you don’t know how to register labour complaint than you don’t have to take tension because here we are discussing all the possible ways that you can follow to do so.
Mostly in Saudi Arabia labour cases in labour courts are filed due to the following reasons:
• End of service benefits
• Unfair termination under Article 77 of Saudi Labour.
• Delay in salaries.
First of all we will discuss that what is end of service benefits:
1- End of service benefits:
Every employee that is working in KSA is entitled to get End of service benefits at the end of employment term.
To calculate your end of service benefit you need to enter the following:
• Start and end date of employment.
• Then you have to enter the number of leaves that you have taken without pay.
• Total gross salary.
Who is eligible for End of services benefits:
Almost all the workers working in Saudi Arabia are eligible for the end of service benefit with the following exceptions:
• Without transferring the iqama sponsorship one can not get end of service benefit.
• Employees working on business visit visa.
• Employees working on consultancy visa are not eligible for end of service benefits for example IT consultant.
End of service benefits in case of termination:
According to thr article 84 of Saudi labor law an employee can get the following end of service benefit in case of termination:
• Half salary of the first 5 years for each year you have served.
• Full salary for the first 5 years for each year served.
One should keep in mind you can not get of you are terminated under Article 80 of Saudi Arabia labor law.
2- Delay salaries:
Many expats are fed up of delayed Salaries because the employers don’t pay them on salary date in Saudi Arabia.Here we will discuss that which actions can be taken against them.
Salary date in Saudi Arabia:
In every department their is a fixed date for salary in Saudi Arabia the date before which the employers is required to pay the salaries to their employees in Saudi Arabia under the Wage protection system is the 10th of the following months .For example the salary of January should be given on 10th of February and so on.
Salary Date in Saudi Arabia:
The Salary date is 10th of the following month.
Fine for delayed salaries:
If the employer delay the salaries of the labour than the government of Saudi Arabia imposes a heavy fine on them.Lets have a look to find the fines:
• If the employer fails to pay the salaries through WPS by the 10th of the following month than a fine ot Saudi Riyal 3000 is imposed for each employee.
If the payment of salaries is delayed for 2 months back to back than the MOL will terminate the online services.
What to do if the salary is delayed?
Follow to following steps:
1st month If the salary is delayed in the 1st month than you should do nothing only wait for it.
For the 2nd month you have to start looking for a new job for yourself.
If in the 3rd month the salary is still unpaid than you can transfer your iqama without the approval of the employer than he can do nothing.
In other words we can say if the salary is delayed for more than three months than you should do the following:
Transfer your job through qiwa.
When the transfer is completed successfully than you have to case a file against the employer in Saudi Labour Court.
Then you should recover the salary of the pending months and also the end of service benefits.
You should keep in mind that you should have the record of your attendance in electronic form or hard form.This may be required in the court to proof that you were present all the time.
Delayed salaries in Islam:
Prophet Muhammad SAW says that Give the workers his wages before his sweat dries.
Setting Huroob during labor case:
It is always better to transfer your iqama before filing a case in a labour court.It is to be noted that the employers can not set huroob to employees in the following case:
Expat employee has already filed a case against the employer.
Expats iqama or work permit has expired and not renewed.
Create a MOL account:
In case you and your employer has a hassel.So you are free to file a case against your employer online to the labour court in Saudi Arabia.
•First of all tou have to creat a MOL account for your self.
• Open the website
• once your account is created than you have to log in to your account.
•Now click on the option just below your name.
• Then you have to select Bawaba al afrad from the drop menu.
• On the next page of the screen you have to select case management.
Filing an online complaint:
As nowadays its the era of Internet and social media then you don’t have to worry like many activities casing file against your kafeel is also possible online you don’t have to worry about that if you are not having time to travel to the court or police station.Just follow these steps carefully to fill a lengthy form to file the case online:
Step 1:
Plaintiff data:
The MOL system will fill your name and iqama number in the meanwhile you have to enter the following:
• mother tongue.
• Nearest labour office to your employers work place.
• Domestic worker.
• Normal worker
Step 2
Plaintiff address:
Now the next you have to your address information in following blanks:
• Mention province that you are living in that may be Makkah,Tabuk etc.
• city
• District
• street
• Building number.
• Postal code
Step 3-
Defendant’s Data:
In the third steo you have to enter the details of your employer against whom the case is filed.
That is the full name of employer to file the case.
Enter the address of your kafeel
Steo 4:
Employment information:
On this page of the online complaint you have to fill the information of your employment to fila an online case.
• Monthly income or salary.
• Fixed term contact
• gross salary.
• Starting date of the contract.
• Expiry date of the contract.
• Then a question will be asked are you still on the job or not and you have to mention it.
• enter the reason of filing the case
• Last day on the job.
Step 5:
Case details:
Now the most important part of the process comes that why are you filing the case and which type of case it is.
Keep in mind that you to select the categories and sub categories according to the case type.
Step6:
Upload documents:
Now at this stage you have to attach all the required document required by the labor court as well as some extra documents that may be help ful.
Step 7:
Sign the Acknowledge:
At last you have to recheck all the information you have provided are valid and correct because the portal will request you to sign the acknowledge so if in case if their is anything wrong in this data than you will be penalized and fined by the Saudi Government.
Step 8:
Submit the complaint;
Now after the rechecking and siging the acknowledge you have to submit the report ti the labour court of saudi Arabia.After submission within two days you will get a notice or SMS for the first hearing in the friendly settlement court.
Friendly settlement court:
Now the case will be handled by the friendly settlement court and it will be decided in 21 days by this court.
If you and your employee agree on the friendly settlement than the case will be dismissed and you will get your settlement on the first hearing.
In case the friendly settlement does not works than the case will be referred to the Saudi lbor court.
First instance court:
Now when case reaches the labour court than the case will be studied by first instance court the time is not fixed for this court it can be solved in the first hearing or can be extend to a month or more this sue to tge complications if the case or how busy the assigned court is.
Their will be several hearings and then tge decision will be made by the labour court.
Najiz case:
In case if the party is not satisfied with tge decision made by the friently court and first instance court than you can take you casr to the najiz case platform with in 30 days.
Enforcement court:
If the payment further is not paid after alm the actions then at last handover your case ti enforcement courts of Saudi Arabia by using Najiz platform.
These were all the possible solutions for your delayed payments which you can apply to get your wages back.
I hope it will be helpful and informative for you…
