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Employer trying to deny holiday pay and ESB

 
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melibela



Joined: 06 Apr 2017
Posts: 4

PostPosted: Tue May 08, 2018 5:50 am    Post subject: Employer trying to deny holiday pay and ESB Reply with quote

I've worked at this school for two years now, and I made the mistake of telling them that I won't be coming back next year. Now they're trying to tell me that holiday pay isn't applicable to me because I won't come back. I told them it's in my contract for this year, not next year, that I get one month paid holiday. Then when I pointed out the end of service benefits point on the contract, they acted like they didn't know what it was.


My principal is just a middleman between us teachers and the people who actually run the place, so I'm giving her time to find out from them what the decision is. But I'm really mad.


I heard that in this case I can contact the American embassy and they'll contact the government and make a case against the school. Is that just wishful thinking or something I should actually pursue? Anyone been in this situation before?
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scot47



Joined: 10 Jan 2003
Posts: 15343

PostPosted: Tue May 08, 2018 6:01 am    Post subject: Reply with quote

The Embassy will not intervene. You need to contact the Labour Office.
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melibela



Joined: 06 Apr 2017
Posts: 4

PostPosted: Tue May 08, 2018 6:06 am    Post subject: Reply with quote

scot47 wrote:
The Embassy will not intervene. You need to contact the Labour Office.


What are the chances of them helping and how can I contact them?
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Tue May 08, 2018 6:15 am    Post subject: Reply with quote

melibela wrote:
I heard that in this case I can contact the American embassy and they'll contact the government and make a case against the school.

That's not a function of US embassies and consulates:

Quote:
The U.S. Embassy and Consulates cannot adjudicate labor or business disputes or provide translation or legal services. Ultimately, responsibility for the resolution of disputes through the Saudi legal system lies with the parties involved. U.S. consular officers can provide lists of local attorneys who speak English and Arabic to help U.S. citizens settle business disputes. There are also local branches of multi-national law firms handling corporate legal issues in Saudi Arabia, some including attorneys who speak English and Arabic. For additional information on Saudi labor law, please refer to the Saudi Ministry of Labor’s information on related regulations.

Most employers promise to provide tickets home upon completion of a contract; however, in the case of a labor dispute, termination or failure to complete a contract, this commitment may not be honored and any travel would then take place at personal expense.

Source: US State Dept: Teaching English in Saudi Arabia
.
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sicklyman



Joined: 02 Feb 2013
Posts: 930

PostPosted: Tue May 08, 2018 9:31 am    Post subject: Reply with quote

might be a good idea to post the clauses of the contract that you think guarantee you those benefits for people who have more experience with this to examine.
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dragonpiwo



Joined: 04 Mar 2013
Posts: 1650
Location: Berlin

PostPosted: Tue May 08, 2018 11:06 am    Post subject: duh Reply with quote

That will give them the reason to terminate her sicklyman. This is a public forum. That info is probably confidential.
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scot47



Joined: 10 Jan 2003
Posts: 15343

PostPosted: Tue May 08, 2018 12:55 pm    Post subject: Reply with quote

http://qsaudi.com/list-of-labor-office-in-saudi-arabia-with-contact-details/


Go and see them
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Tue May 08, 2018 2:05 pm    Post subject: Reply with quote

melibela wrote:
Quote:
You need to contact the Labour Office.

What are the chances of them helping?

Contact them to find out if you have a valid complaint against the school. However, if you're on a business or work visit visa, the labor office isn't likely to intervene.
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hash



Joined: 17 Dec 2014
Posts: 456
Location: Wadi Jinn

PostPosted: Tue May 08, 2018 5:02 pm    Post subject: Reply with quote

.
All kinds of problems arise with your presentation, mostly to do with the “time line” of events, with your terminology and, as already mentioned by a poster, the kind of "visa" you have.

I’m bringing this up here because if you’re going to take your case beyond this forum, your presentation is going to have to be much more unambiguous than what you’ve given us here.

1- To begin with, there can be no uncertainty what you mean by “year”. This is the first thing they’re going to ask you and if it’s not clear in your own mind what you mean………

"Next" “year” can mean 3 things (in your case): it can mean 2018 (starting in Sept of 2018…..a “school year”)….it can mean anytime on or after 1-1-2019 or it can mean the “school year” starting in Sept of 2019.

To me, it’s totally unclear when you “won’t be back…” Did you mean you won’t be back in Sept of 2018 (this year which could also be named the “next school year”) or you won’t be back in Sept of 2019 (also called “next” year)?

Without this vital piece of information, I don’t see how anyone can possibly “advise” you. The time frame is fundamental to any “advice”.

2- Another piece of vital information, which again you didn’t even mention in your posting, was the terms of your contract, by which I mean the LENGTH of your contract. Was it for a year, 2 years, open-ended, what? Without knowing this (and the dates on the contract), no one can really get a clear idea of your true situation. The type of visa you're on, of course, plays a crucial role in all this. You also didn't mention this at all. Good luck.

.
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scot47



Joined: 10 Jan 2003
Posts: 15343

PostPosted: Tue May 08, 2018 9:27 pm    Post subject: Reply with quote

Melibela

Your other, earlier posts indicate that you were hired on a very low salary. Do you have a regular employment visa ? Maybe they conned you into coming on a business visa ? If that is the case you can forget about help from the Labour Office.


I hope it works out for you.


Last edited by scot47 on Sun May 20, 2018 7:21 am; edited 2 times in total
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sicklyman



Joined: 02 Feb 2013
Posts: 930

PostPosted: Wed May 09, 2018 9:29 am    Post subject: Re: duh Reply with quote

dragonpiwo wrote:
That info is probably confidential.

how so? Contracts I've signed don't have any indication that they were in any way confidential. If hers doesn't, what's the issue?

either way, it doesn't prevent her from contacting a couple of people on here who seem to know more than most via PM
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In the heat of the moment



Joined: 22 May 2015
Posts: 393
Location: Italy

PostPosted: Sun May 13, 2018 4:29 pm    Post subject: Reply with quote

If you started in August/September 2016 and are quitting June 2018, have you done two full years? If you're quitting June 2018 are you owed the holiday break between June and August?

I would guess the Saudi Labour Office would answer "No" to both, not because it's the 'right' or 'correct' decision...
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