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StuckinSaudi 1234
Joined: 29 Jul 2017
Posts: 5
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 Posted: Fri Aug 04, 2017 9:15 am Post subject: Work Visit Visa and Non-Compete Clause |
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I've been reading about the work-visit visa on this forum and from what I understand - since I am on a work-visit visa my contract isn't covered under Saudi labor law. It's more of a private contract between me and the company.
If that is the case, is the 2-year non-compete clause in a contract enforceable?
Also, since I have a 5 year multiple entry visa, who owns that visa? Me or the company? After I leave the company is it no longer valid or is it valid until the expiration date regardless if I work for the company or not?
Thank you |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Fri Aug 04, 2017 2:06 pm Post subject: |
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| StuckinSaudi 1234 wrote: |
I've been reading about the work-visit visa on this forum and from what I understand - since I am on a work-visit visa my contract isn't covered under Saudi labor law. It's more of a private contract between me and the company.
If that is the case, is the 2-year non-compete clause in a contract enforceable? |
No, the clause isn't relevant because you are on a visit visa. In fact, I believe NOCs are no longer required. Potential Saudi employers shouldn't be asking job applicants for one (although some probably do).
| StuckinSaudi 1234 wrote: |
| Also, since I have a 5 year multiple entry visa, who owns that visa? Me or the company? After I leave the company is it no longer valid or is it valid until the expiration date regardless if I work for the company or not? |
The visa is tied to the company; they're indicated on the visa as the sponsor. Once the company realizes you've quit, the visa gets cancelled. So think twice about using it to reenter KSA for another work situation with a different sponsor.
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StuckinSaudi 1234
Joined: 29 Jul 2017
Posts: 5
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| Posted: Mon Aug 07, 2017 3:43 pm Post subject: |
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| nomad soul wrote: |
The visa is tied to the company; they're indicated on the visa as the sponsor. Once the company realizes you've quit, the visa gets cancelled. So think twice about using it to reenter KSA for another work situation with a different sponsor.
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Thank you very much for you reply, it's most helpful.
One other questions. Can a company cancel a work-visit visa while the person is still in the country?
Thanks again. |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Tue Aug 08, 2017 5:32 am Post subject: |
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| StuckinSaudi 1234 wrote: |
| Can a company cancel a work-visit visa while the person is still in the country? |
They can. I suspect that's likely to only happen if the visa holder is AWOL for a good amount of time with no intent to return to work for that sponsor. Cancelling it prevents him/her from working illegally for another company. But why chance it? |
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dragonpiwo
Joined: 04 Mar 2013
Posts: 1650
Location: Berlin
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| Posted: Tue Aug 08, 2017 6:34 am Post subject: Don't. Just don't take this one. |
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| Alarm bells all over this contract. |
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StuckinSaudi 1234
Joined: 29 Jul 2017
Posts: 5
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| Posted: Tue Aug 08, 2017 9:34 am Post subject: Re: Don't. Just don't take this one. |
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| dragonpiwo wrote: |
| Alarm bells all over this contract. |
I agree. Unfortunately I was ignorant on Saudi labor law. If I had known half of what I know now I never would have signed. |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Tue Aug 08, 2017 1:11 pm Post subject: |
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| StuckinSaudi 1234 wrote: |
| Unfortunately I was ignorant on Saudi labor law. If I had known half of what I know now I never would have signed. |
The labor law is irrelevant because you're on a visit visa type. Visas are for visits/residency/immigration and are regulated under the Ministry of Foreign Affairs, not the Ministry of Labor. In contrast, as stated in the sticky on visa types, an employment/work visa requires the approval of both of these ministries, which is why it takes longer to process compared to the quickie biz/work visit visa. |
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StuckinSaudi 1234
Joined: 29 Jul 2017
Posts: 5
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| Posted: Wed Aug 09, 2017 5:12 am Post subject: |
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| nomad soul wrote: |
| StuckinSaudi 1234 wrote: |
| Can a company cancel a work-visit visa while the person is still in the country? |
They can. I suspect that's likely to only happen if the visa holder is AWOL for a good amount of time with no intent to return to work for that sponsor. Cancelling it prevents him/her from working illegally for another company. But why chance it? |
It's not coming back that I'm worried about, it's leaving. I would hate for it to be cancelled on the way to airport of something.
I like Saudi Arabia and would like to work here again. If I do, I'll do everything legally and smarter.
Thanks for all the info, you've been a great help. |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Wed Aug 09, 2017 5:53 am Post subject: |
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| StuckinSaudi 1234 wrote: |
| It's not coming back that I'm worried about, it's leaving. I would hate for it to be cancelled on the way to airport of something. |
Be discreet. Once you collect your pay, leave the country right after work or over the weekend. |
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scot47
Joined: 10 Jan 2003
Posts: 15343
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| Posted: Wed Aug 09, 2017 3:10 pm Post subject: |
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| If you do come back - choose a different location. Best not to let the "business" know that you are back under a new arrangement. |
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hash
Joined: 17 Dec 2014
Posts: 456
Location: Wadi Jinn
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| Posted: Wed Aug 09, 2017 9:39 pm Post subject: |
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| StuckinSaudi 1234 wrote: |
Thanks for all the info, you've been a great help. |
Here's some more:
If you've made up your mind, here are a couple of other things you should consider:
1....Tell no one....not even that trusted friend....or your family back home, or your girlfriend in France, what you're doing. Explanations are for later, not now. These days, news travels fast.....and furious. And unexpected. The fact someone is out of the country or even the Middle East is no guarantee that your plans could not be spread inadvertently by this someone quite innocently.
2....Once out of reach, I personally think it's a good idea to inform your company via email what you have done. Your email should go to several people, such as your direct supervisor, head of dept. and someone in Human Resources....then you've covered yourself in this regard. Your company will be grateful that you haven't just "disappeared" into the Empty Quarter or something. It will save them a lot of time and effort, police work, etc, if they know you've left the country permanently.
I realize such a move on your part is likely not to your liking, but I think it's a good idea. Your msg should be brief, professional and non vengeful. I also think it's a good idea to give a reason for your departure. Don't send a "long list" of grievances...no one will read it. Give "grave family situation requiring immediate action" or something similar as your reason. "Family" has always been the time honored tradition in KSA for things that go awry. No one will believe you, of course, but no one will argue with you either.....and they can then put it down as the "official" reason for your departure.
Finally, be sure to inform them somewhat forcefully, that you aren't coming back. That will prevent them from sending you an enquiry about this. I don't think that at this point you want to start "dialogging" with them. Good luck.
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Last edited by hash on Thu Aug 10, 2017 9:51 am; edited 1 time in total |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Thu Aug 10, 2017 5:40 am Post subject: |
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| hash wrote: |
Once out of reach, I personally think it's a good idea to inform your company via email what you have done. Your email should go to several people, such as your direct supervisor, head of dept. and someone in Human Resources....then you've covered yourself in this regard. Your company will be grateful that you haven't just "disappeared" into the Empty Quarter or something. It will save them a lot of time and effort, police work, etc, if they know you've left the country permanently.
I realize such a move on your part is likely not to your liking, but I think it's a good idea. Your msg should be brief, professional and non vengeful. I also think it's a good idea to give a reason for your departure. Don't send a "long list" of grievances...no one will read it. Give "grave family situation requiring immediate action" or something similar as your reason. "Family" has always been the time honored tradition is KSA for things that go awry. No one will believe you, of course, but no one will argue with you either.....and they can then put it down as the "official" reason for your departure.
Finally, be sure to inform them somewhat forcefully, that you aren't coming back. That will prevent them from sending you an enquiry about this. I don't think that at this point you want to start "dialogging" with them. |
Rather than contacting the police to search the Empty Quarter, I suspect the sponsor would be smart enough to first check the OP's visa status via the government's online system. 
That said, since the OP's work visit visa is multi-exit/reentry, I agree that he should email HR and cc the supervisor as soon as he's out of KSA. The message only needs to state that he has terminated his contract effective [date] and has departed KSA. No specific reason needs to be given; however, the typical "the job wasn't the right fit" will suffice if he wants to give one. Khalas.
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