Job Discussion Forums

[BattleAxe]

Taken from the Law and You dated Aug. 26, 2006

J. Please let us know, as per the New Labor Law (NLL), after going on final exit, when may an employee come back to Saudi Arabia for work in a new job with a different employer, in case one does not have NOC.

NLL has canceled all provisions and official circulars within the Old Labor Law for non-return periods of one or three years to new assignments. Now, a person does not need an NOC, and may return immediately for a new job, unless the employee has bound himself and undertook in writing not to return, for a certain period.

Name withheld I worked as dental surgeon for the Ministry of Health for one year. When I returned from vacation, I was informed that I have been transferred to another place, a remote desert location, which lacked even basic amenities. When my request for a transfer to a different place was not taken into consideration, I had no option but to resign. I would like to know the terms and conditions for my return to Saudi Arabia again to work for a private polyclinic, which is willing to give me a visa. I was told that I shall not be given NOC and will not be allowed to re-enter Saudi Arabia for two years. Please let me know the exact legal position and also the issue concerning NOC.

The New Labor Law has abolished the general obligation for any period before return after terminating service, unless it is specifically stipulated in the contract. If the contract does not say anything about a period of return after termination of service, then you may return at any time and does not need NOC.

Worth mentioning that without serving for at least two years, an employee isn�t entitled to end of service benefit.

Law and You by Mohammed Jaber Nader taken from Arabnews.com dated Sept. 3 2006

M. Z. and others In a recent reply in the �Law and You�, it was mentioned that the new labor law (NLL) has abolished all time limits and bars for an employee to work for another employer unless the person himself has undertaken that in writing. It was also mentioned that under the new labor law, NOC is not needed for processing a new visa to work with another employer. Please let us know which article provided for that.

There is a paramount rule that no law, decree, circular or regulation whatsoever may conflict or be inconsistent with Shariah or the law. In response to queries by people who have asked me to send them the actual texts that deal with this, I am translating here these articles.

The official translation of NLL has not yet been distributed. I am chasing the Ministry of Labor to do that. I hope they will do it soon.

There are three provisions in NLL pertinent to this subject. These are Articles (83), (244) and (eight).

Article (83) translates as follows: �If the work assigned to the workman allows him to know the clients of the employer, or to see the secrets of his work, the employer may put in a condition that the workman shall not, after the termination of the contract, compete with him or divulge his secrets. For this condition to be valid it must be written and defined, in time, place, kind of work and within the necessity to protect the legal interests of the employer. In all cases the period of the agreement must not exceed two years from the date of the termination of the relationship between the two parties.�

Article (244) stipulates the following: �This law replaces the Labor and Workmen Law� promulgated by Royal Decree No. (M/21) dated 6/9/1389 H. It annuls all provisions that conflict with it. Work shall continue in accordance with the bye-laws and decisions issued before the effect of this law until modified.�

Article (eight) of NLL stipulates: �Any condition in contradiction with this law is considered null and void. Any waiver or settlement regarding the rights of the workman originating from this law during the validity of the contract, are considered void, unless it is more beneficial for the workman.�

On this basis, any previous instructions limiting the freedom of a workman not agreed by himself, limiting his freedom of work and contracting are in conflict with these two articles. At the same time there is a paramount principle that no law or regulation may be inconsistent with Shariah Law.

An employee comes to work in Saudi Arabia and is surprised to find that there is some regulation that he must continue work with his current employer; otherwise he has to leave the country and not return for another employer before at least one year. That is illegal and against Shariah and the Law

There are two more provisions of Saudi Law pertinent to this matter.

Article (7) of the Basic Law (Constitution) stipulates: �Rule in the Kingdom of Saudi Arabia derives its Authority from the Book of God and Tradition of His Prophet (pbuh). They are the two Rules above this Law and all Laws of the State.�

The Law of the Judiciary, M/64 dated 14/7/1395 H. (23 July 1975), Part ONE, Independence of the Judiciary and its Guarantees, Article 1, stipulates: �Judges are independent and, in the administration of justice, they shall be subject to no authority other than the provisions of Shariah and laws in force. No one may interfere with the Judiciary.�

[Cleopatra]

If this is true, then this is great news indeed! Thanks for posting. The NOC is/was an archaic regulation more akin to the days of slave labour than to the modern international work environment. Odd, that...

However, as so often in these cases (and not only in KSA), the real issue is whether or not Embassy staff, employers, bureocrats etc are fully informed of the new regulations. Often there is a time lag between the announcment of a new law (or the abolition of an old one) and its being implemented on the ground, so to speak.

[The_Prodiigy]

Likewise, if the NOC can be traced back to pre-1999 then other teachers and professionals are better informed.

Mrs Jones found it MOST odd that once she submitted all documents (minus Waiver) the official did not stamp her records. The OTTS (in London) sent two emails and they failed to make a response and then delayed the signature and passed it on down the chain. She binned it but be warned.

Others have also.

[Stephen Jones]

I don't know how far the NOC goes back but it was in force in 1991 when I first came to Saudi.