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LemonPepperEmma
Joined: 07 Sep 2011
Posts: 3
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 Posted: Thu Dec 06, 2012 5:10 pm Post subject: Resigning without giving notice. Advice? |
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I have experienced a sudden and desperate urge to leave this magical kingdom, shocking I know!
Here is my question:
If I give only a week, instead of a months notice, can my company legally withhold the holiday pay I am owed? Anyone have any idea about this??
Thanks! |
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johnslat
Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA
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| Posted: Thu Dec 06, 2012 5:15 pm Post subject: |
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Dear LemonPepperEmma,
They can and almost certainly will. If you violate the contract, chances are excellent that your company will screw you in every possible way that it can.
Regards,
John |
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LemonPepperEmma
Joined: 07 Sep 2011
Posts: 3
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| Posted: Thu Dec 06, 2012 5:23 pm Post subject: |
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| and it wasn't a violation of my contract to not give me the holiday pay at the end of my first year (I've been here 13 months now). Is that right? |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Thu Dec 06, 2012 5:27 pm Post subject: |
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| How about no holiday pay nor airfare back to your home country. How long have you worked for the company? Also, are you on a business visit visa, or do you have an iqama? If you're on a biz visit visa, your "employment" contract isn't worth the paper it's printed on anyway. |
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johnslat
Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA
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| Posted: Thu Dec 06, 2012 5:33 pm Post subject: |
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Dear LemonPepperEmma,
If you've been there 13 months, you should know by now that wasta rules. They have it; you don't.
Nomad soul has a good question about your visa - do you have an iqama or are you on a "business/work-visit" visa?
Regards,
John |
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LemonPepperEmma
Joined: 07 Sep 2011
Posts: 3
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| Posted: Thu Dec 06, 2012 5:35 pm Post subject: |
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I have been here for 13 months. I have an iqama. I don't expect airfare home, they paid me my airfare in August for the summer holiday.
If according to Saudi labour law, I was entitled to my holiday pay at the end of my first year then I would feel quite confident about "doing a runner". The company isn't that bad, it's not education experts or anything. And they like you to sign that resignation letter (otherwise they lose a visa) so you have some swing with them. |
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jaffa
Joined: 25 Oct 2012
Posts: 403
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| Posted: Thu Dec 06, 2012 5:42 pm Post subject: |
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What does your contract say about resigning?
Where I am it's a month's notice and apparently they're straight about honouring holiday pay, flight home, etc if you serve that time.
If you don't, then, legally, they can give you the finger.
If it's a really bad situation you're in, I'd wait for the salary and then walk. |
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johnslat
Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA
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| Posted: Thu Dec 06, 2012 6:53 pm Post subject: |
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Dear LemonPepperEmma,
Well, you could create a "death in the family" emergency. Your dear Mom/Dad passed away suddenly and your dear Dad/Mom is aging/forgetful and needs someone to live-in and take care of him/her.
They might let you resign with shortened notice - especially since they want the resignation letter signed.
Regards,
John |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Thu Dec 06, 2012 7:17 pm Post subject: |
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| Also review your contract to see if you'd be responsible for paying back any fees or allowances your employer covered or provided through your current contract term. |
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scot47
Joined: 10 Jan 2003
Posts: 15343
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| Posted: Thu Dec 06, 2012 8:30 pm Post subject: |
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| Depends on your contract. The jobs I have had with reputable employers specified two months notice on either side. That meant if you just walked out you owed them 2 months salary in lieu of notice. |
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Captain Willard
Joined: 11 Sep 2010
Posts: 251
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| Posted: Fri Dec 07, 2012 3:59 am Post subject: |
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If you are here on an iquama, then your contract controls required notice, etc. If your employer is refusing to pay the holiday pay which you earned, then that might work to offset damages claimed by your employer for resigning without the required notice. Doing a runner is not advisable if you wish to teach again in the Magic Kingdom, since it is crime in KSA.
Do you really want to forfeit your holiday pay?
There may be better strategies than resigning. If you become openly rude to your superiors, they may decide to terminate your employment to save face, which may leave you in a better position than resigning and losing the holiday pay.
Another method would be to tell your employer that you have found Jesus and want to preach the Good News of the Christian prophet. (If you preface your comments with inquiries about your holiday pay, they may suddenly realize that it is past due.) You may find that your employer will be more accommodating to you if concerned about the embarrassment you might cause to its reputation. However, be very careful about actually doing this in public if you want to return to the Golden Sandbox for another tour of duty at a later date. It will, however, get you a very quick ticket home.
| LemonPepperEmma wrote: |
I have been here for 13 months. I have an iqama. I don't expect airfare home, they paid me my airfare in August for the summer holiday.
If according to Saudi labour law, I was entitled to my holiday pay at the end of my first year then I would feel quite confident about "doing a runner". The company isn't that bad, it's not education experts or anything. And they like you to sign that resignation letter (otherwise they lose a visa) so you have some swing with them. |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Fri Dec 07, 2012 7:31 am Post subject: |
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| Captain Willard wrote: |
| Doing a runner is not advisable if you wish to teach again in the Magic Kingdom, since it is crime in KSA. |
Doing a runner is impossible since the OP has an iqama and would need an exit visa to depart the country. Plus, the employer could be holding his/her passport.
| and wrote: |
Do you really want to forfeit your holiday pay?
There may be better strategies than resigning. If you become openly rude to your superiors, they may decide to terminate your employment to save face, which may leave you in a better position than resigning and losing the holiday pay.
Another method would be to tell your employer that you have found Jesus and want to preach the Good News of the Christian prophet.
However, be very careful about actually doing this in public if you want to return to the Golden Sandbox for another tour of duty at a later date. It will, however, get you a very quick ticket home. |
Yeah, but...
LemonPepperEmma:
Since you've been with this employer for more than a year, you'll very likely have to put them down as a recent employment reference when applying for your next TEFL job. Try to leave as diplomatically as possible.
Also, how much holiday pay are you expecting? Based on your contract, what time frame is specified for holiday payouts, and are there any conditions attached to payment? (BTW, you don't state in your posts that you've ever asked the employer about getting your holiday pay. If you haven't done so already, that's a conversation you need to have with them before eliciting additional general responses from this forum.) Frankly, instead of hanging around for an indefinite time waiting for that money, you might want to consider just giving the employer your notice of resignation, and after the requisite time has passed, you collect your final salary and exit visa/documents from them and leave. |
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jaffa
Joined: 25 Oct 2012
Posts: 403
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| Posted: Fri Dec 07, 2012 5:07 pm Post subject: |
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| nomad soul wrote: |
| Doing a runner is impossible since the OP has an iqama and would need an exit visa to depart the country. Plus, the employer could be holding his/her passport. |
This isn't true. I always have a 6 month exit/re-entry visa and keep my passport, although we are supposed to hand it in. They squealed at first until I told them it was illegal to keep an employee's passport. This works for me as a white westerner but Asian employees probably wouldn't get away with that. |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Fri Dec 07, 2012 5:43 pm Post subject: |
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| jaffa wrote: |
| nomad soul wrote: |
| Doing a runner is impossible since the OP has an iqama and would need an exit visa to depart the country. Plus, the employer could be holding his/her passport. |
This isn't true. I always have a 6 month exit/re-entry visa and keep my passport, although we are supposed to hand it in. They squealed at first until I told them it was illegal to keep an employee's passport. This works for me as a white westerner but Asian employees probably wouldn't get away with that. |
You mean, that's not true in your situation. But that's not the reality for everyone, which is why I stated that the OP's employer could be holding his/her passport. Some employers claim it's "company policy" despite what the law says. |
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Gulezar
Joined: 19 Jun 2007
Posts: 483
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| Posted: Fri Dec 07, 2012 5:44 pm Post subject: Re: Resigning without giving notice. Advice? |
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| LemonPepperEmma wrote: |
I have experienced a sudden and desperate urge to leave this magical kingdom, shocking I know!
Here is my question:
If I give only a week, instead of a months notice, can my company legally withhold the holiday pay I am owed? Anyone have any idea about this??
Thanks! |
Ha, ha, ha ... the way your Saudi employer sees it, they owe you nothing. If you are worried about your vacation pay, you had better wait until you see it in your bank account. Saudi is the only place I know where vacation pay is routinely withheld until the slave returns to his chains. In fact, other Gulf countries will sometimes give you an advance on your vacation pay, so that you can relax and enjoy your well-deserved vacation and come back refreshed and ready to teach. They actually honor the fact that you have a contract and have completed your commitments for the year. I ask you? Why would I bother to give my Saudi employer notice if they cannot even extend to me the trust of giving me my vacation pay which they have promised in a contract? Two can dance the broken contract tango. |
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