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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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 Posted: Thu May 15, 2014 7:04 am Post subject: |
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1sauditeacher:
You're referencing the section of the labor law relevant to the employment of Saudis. Other than Part III, "Employment of non-Saudis," it doesn't apply to expats. Instead, see "Ministry of Labor Guidebook for Expatriates" (http://forums.eslcafe.com/job/viewtopic.php?t=83781), which states in its introduction:
The Ministry of Labour prepared this Guidebook for all expatriates recruited for work in the Kingdom of Saudi Arabia to provide them with basic information on the Kingdom and to clarify the provisions of the Labour Law, the regulations & decisions rendered pursuant to it which define the relationship between the worker and the employer in order to create a suitable environment for expatriate workers, to maintain their rights, to establish a proper relationship between the two parties and to make better understanding of the labour market in the Kingdom.
The Ministry hopes this Guidebook will realize its objectives, provide answers to expatriate workers inquiries and make them know about work environment in the Kingdom in order to be adapted to it after arrival.
We would be grateful if foreign embassies and consulates in the Kingdom could- in coordination with the competent authorities in their countries- take this Guidebook as a main guide for expatriate workers to make them aware of their rights and obligations. |
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1sauditeacher
Joined: 16 Apr 2014
Posts: 5
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| Posted: Fri May 16, 2014 1:38 pm Post subject: |
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Several of the teachers have sought legal advice and been told that the clause does apply to us as expat workers.
This has been supported by discussions with the Ministry of Labor.
The guidebook, while useful, is just an overview of the law and is by no means exhaustive.
As always, the original Arabic version supersedes the translation. |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Fri May 16, 2014 2:23 pm Post subject: |
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| Thanks for the clarification. Please keep this thread updated so we can see what the final outcome is. Good luck. |
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Londonish
Joined: 27 May 2013
Posts: 6
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| Posted: Sun May 25, 2014 4:47 pm Post subject: Irony |
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A nice piece of irony - according to the grapevine, SBC and EdEx had their recruitment quotas confirmed for the next academic year a few weeks ago. They have both had a significant increase in the number of teachers they have been asked to provide (about 100 more).
QEHC has not been given a quota or had their contract renewed as yet. Apparently, they will find out at the end of next week (insh'allah) if they still have a contract with PNU. There last contracts was for .... about 100.
They have only managed to resign a handful of teachers so far and the contract do not specify where in the Kingdom the teachers will be sent to work so, if they are brought back at all, they could end up anywhere. |
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Lächeln
Joined: 06 Aug 2013
Posts: 8
Location: Riyadh
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| Posted: Mon Jun 30, 2014 7:43 pm Post subject: |
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| nomad soul wrote: |
| Lächeln wrote: |
| Saudi Labor Law states that at the completion of a contract, you are entitled to two full weeks of pay. Full Stop. |
What's the source of your information? It's not in the Ministry of Labor Guidebook for Expatriates (see sticky on this forum). Unless specifically written into the employment agreement as an end-of-service award, there's no basis nor obligation to pay an employee the addition of an equivalent two weeks' salary (or any other amount) upon the contract end date. |
I am stating here all the laws broken by Qehc per Saudi labor law and agreed upon by the ministry of labor. Please note it's 11. They do this every year and have no intention of changing this practice and only the western teachers have had a problem with it-- this they told the ministry of labor. They lied to a judge about the teachers who took them to court and they could only cite two laws of which neither actually supported their case, but rather the teachers. The judge told them several times it was illegal and that they needed to settle. It is not ok that teachers just keel over and allow this and say this is normal practice. There are many examples throughout history of normal practices that were completely immoral and unjust. If more teachers refused to settle for this unethical behavior, you wouldn't think this is normal.
This company has no intent to make good on its promises and anyone who works for them knowing what they are like, in my bold opinion, is a fool. Burn me once, shame on you. Burn me twice, shame on me. I do not believe in unicorns or perfect companies, but I do believe in not knowingly supporting wicked companies like Qehc. If you have any questions, you may pm me. I am more than happy to share my experiences with this awful company.
Article ( :
Any condition that contradicts the provisions of this Law shall be deemed
null and void. The same applies to any release or settlement of the worker’s
rights arising from this Law during the validity of the work contract, unless
the same is more beneficial to the worker.
Article (20):
An employer or a worker may not perform any act that may abuse the
provisions of this Law or the decisions or regulations issued for its
implementation. Neither of them may undertake any act that infringes upon
the freedom of the other or the freedom of other workers or employers to
realize any interest or impose a point of view that conflicts with the freedom
of work or the jurisdiction of the competent authority in charge of
settlement of disputes.
Article (37):
The work contract for non-Saudis shall be written and of a specified period.
If the contract does not specify the duration, the duration of the work
permit shall be deemed as the duration of the contract.
Article (40):
(1) An employer shall incur the fees pertaining to recruitment of non-Saudi
workers, the fees of the residence permit (Iqama) and work permit
together with their renewal and the fines resulting from their delay, as
well as the fees pertaining to change of profession, exit and re-entry
visas and return tickets to the worker’s home country at the end of the
relation between the two parties.
Article (55):
(1) The fixed-term contract shall terminate upon expiration of its term. If the
two parties continue to implement it, it shall be deemed renewed for an
indefinite period of time, subject to the provisions of Article (37) of this
Law for non-Saudi workers.
Article (74):
A work contract shall terminate in the following cases:
(1) If both parties agree to terminate it, provided that the worker’s consent
be in writing.
(2) If the term specified in the contract expires, unless the contract has been
explicitly renewed in accordance with the provisions of this Law in
which case it shall remain in force until the expiry of its term.
(3) At the discretion of either party in indefinite term contracts.
(4) The worker attains the age of retirement, which is sixty years for males
and fifty five years for females, unless the two parties agree upon
continuing work after this age. The retirement age may be reduced in
cases of early retirement as provided for in the work organization
regulation. If it is a fixed-term work contract which extends beyond the
retirement age, it shall terminate at the end of its term.
(5) Force majeure.
The provisions of Paragraph (4) of this Article shall apply two years after
this Law enters into force.
Article (75):
If the contract is of an indefinite term, either party may terminate it for a valid reason to be specified in a written notice to be served to the other
party at least thirty days prior to the termination date if the worker is paid
monthly and not less than fifteen days for others.
Article (77):
If the contract is terminated for an invalid reason, the party who is harmed
by such termination shall be entitled to indemnity to be assessed by the
Commission for the Settlement of Labor Disputes, taking into account the
termination circumstances and actual and potential material and moral
damages sustained.
Article (80):
An employer may not terminate the contract without an award, advance
notice or indemnity except in the following cases, and provided that he
gives the worker a chance to state his reasons for objecting to the
termination:
(1) If, during or by reason of the work, the worker assaults the employer,
the manager in-charge or any of his superiors.
(2) If the worker fails to perform his essential obligations arising from the
work contract, or to obey legitimate orders, or if, in spite of written
warnings, he deliberately fails to observe the instructions related to the
safety of work and workers as may be posted by the employer in a
prominent place.
(3) If it is established that the worker has committed a misconduct or an act
infringing on honesty or integrity.
(4) If the worker deliberately commits any act or default with the intent to
cause material loss to the employer, provided that the latter shall report the incident to the appropriate authorities within twenty-four hours
from being aware of such occurrence.
(5) If the worker resorts to forgery in order to obtain the job.
(6) If the worker is hired on probation.
(7) If the worker is absent without valid reason for more than twenty days
in one year or for more than ten consecutive days, provided that the
dismissal be preceded by a written warning from the employer to the
worker if the latter is absent for ten days in the first case and for five
days in the second.
( If the worker unlawfully takes advantage of his position for personal gain.
(9) If the worker discloses work- related industrial or commercial secrets.
Article (84):
Upon the end of the work relation, the employer shall pay the worker an
end-of-service award of a half-month wage for each of the first five years
and a one-month wage for each of the following years. The end-of-service
award shall be calculated on the basis of the last wage and the worker shall
be entitled to an end-of-service award for the portions of the year in
proportion to the time spent on the job.
Article (87):
As an exception to the provisions of Article (85) of this Law, the worker
shall be entitled to the full award if he leaves the work due to a force
majeure beyond his control. A female worker shall likewise be entitled to
the full award if she ends her contract within six months from the date of
her marriage or three months from the date of giving birth. |
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nomad soul
Joined: 31 Jan 2010
Posts: 11454
Location: The real world
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| Posted: Mon Jun 30, 2014 8:08 pm Post subject: |
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| Lächeln wrote: |
If more teachers refused to settle for this unethical behavior, you wouldn't think this is normal.
I do not believe in unicorns or perfect companies, but I do believe in not knowingly supporting wicked companies like Qehc. |
Thanks, but I'm very much aware of the Saudi labor law. Besides, 1sauditeacher already answered my question. Apparently, the labor law supersedes the terms and conditions of the employment contract, even for expats.
Frankly, I wonder why people knowingly continue to accept employment from sketchy contracting companies like this. Going through lengthy litigation should be the last resort in resolving a breach of contract, and blindly signing on with these companies makes that more of a possibility.
Anyway, some of us are interested in the final outcome of this case. |
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Lächeln
Joined: 06 Aug 2013
Posts: 8
Location: Riyadh
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| Posted: Mon Jun 30, 2014 9:31 pm Post subject: |
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| nomad soul wrote: |
Frankly, I wonder why people knowingly continue to accept employment from sketchy contracting companies like this. Going through lengthy litigation should be the last resort in resolving a breach of contract, and blindly signing on with these companies makes that more of a possibility.
Anyway, some of us are interested in the final outcome of this case. |
I agree with you that it shouldn't be accepted in the first place. Many people were lied to from the beginning, unfortunately and didn't know this was a sketchy company. There were no reviews as of that point. And yes, lengthy litigation should not have to take place and should be last resort.
The teachers ended up settling as their pay was withheld from them and the company made it very clear they were going to push it out as much as possible 4-6 months. The teachers had the opportunity to hire lawyers so they could leave the country (very pricy) or stick it out the whole time. The company was hostile and was trying to charge them money while they stayed in their accommodation. The teachers got a lot of what they were asking, but were still cheated money in the end. All of them felt it was best to cut ties and go home.
Lessons learned from this: 1) You do have rights in KSA and the law is on your side believe it or not. They take your complaints seriously. 2) There is a lot of fear mongering that takes place that is so unnecessary and not helpful to people who want to stand and do something. 3) A company cannot blacklist you from a country. This has been law for 3 or 4 years now (QEHC threatened to do this and tried to get the judge to do it.) 3) The judge gave the opportunity to do a temporary iquama transfer to work--unfortunately there was no work to be had in the summer in Riyadh.
The company was desperate to keep Princess Nora from knowing what happened and any other media outlet. Princess Nora was informed and Dr. Haila, the dean of PYP, ignored emails and Mrs. Paradise played dumb the whole time pretending she didn't understand the legal paper's Arabic or claimed it didn't say the libelous accusations and lies to the judge which it did as it was translated properly. So they also are not innocent in this as well. Any other questions? |
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johnslat
Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA
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| Posted: Tue Jul 01, 2014 12:15 am Post subject: |
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Dear Lächeln,
Well, one problem i see is that Saudi is not really a "nation of laws," at least it wasn't in my experience. But perhaps that has changed, and the law is now blind to wasta.
If so, that's a wonderful transformation, one that, quite honestly, makes Saudi more justice-conscious than even many/all "Western nations."
Regards,
John |
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SirAristede
Joined: 26 May 2014
Posts: 83
Location: Salmiya, Al 'Āşimah, Kuwait
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| Posted: Tue Jul 01, 2014 2:58 am Post subject: |
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I advise people to stay clear of QEHC. One of my female friends (who had taught in KSA previously) was put in a horrible situation by QEHC. My friend accepted a position with QEHC and arrived in the Magic Kingdom in March (they needed teachers to work from March until August of this year).
Well, QEHC stopped paying her and her fellow female teachers after a couple of weeks since they stated that they had no classes for them to teach even though they had been brought over for that purpose. My friend was stuck in Saudi Arabia with no income (but fortunately was able to get by, mashallah). Interestingly, during her time there, QEHC had stopped paying for the hotel accommodations of the female teachers and the hotel owners actually tried to throw them out on the streets (of course, you can't really throw expat females out on the street - it was more of a scare tactic than anything).
So after nearly a month or so of this, she complained to the Ministry of Labor and they swiftly acted and called QEHC into question. QEHC provided the back pay owed; additionally, QEHC offered to pay for airplane tickets only if teachers signed another contract to return in the fall. My friend signed it, got her pay and tickets, and was able to get out of the Magic Kingdom. She has no intention of returning.
If this short story is any indication, do not give QEHC a second thought! |
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