Job Discussion Forums

[EnglishDoYouSpeakIt]

I am reviewing my contract and came across this:

"The Second Party shall not work for any other competitive company or perform the same activity performed by the First Party for two years following the expiry of this contract without permission of the first party."

Will this be legally binding and if so, how? I checked the labor law stuff posted here (very useful, thanks sheikher!) and saw this:

"Article (83):
If the work assigned to the worker allows him to get acquainted with the employer�s customers, or to have access to his business secrets, the employer may require the worker in the contract not to compete with him or reveal his secrets upon expiration of the contract. For this condition to be valid, it shall be in writing and specific in terms of time, place and type of work and to the extent required to protect the legitimate interests of the employer. In all cases, the duration of such agreement shall not exceed two years from the date of termination of the relationship between the two parties. "

That seems to be what they are referencing, but that seems a stretch. Will this only be applicable if I am on an Iqama or even with a visit visa? I don't like the idea of being locked in. I heard they were trying to make it harder for jump offs to jump off, but it seems if I'm not even legally suppose to work the whole contract is a little silly.

[Never Ceased To Be Amazed]

Simply put:

Yer my toy and no other child shall play with you for up to two years after I throw you into the dustbin...

NCTBA

[hsm]

Concerning what you said there are there possible scenarios:

1. If your sponsor - Kafeel - is your employer; then, most employers will not release you by transferring their sponsorship to another Saudi for the reasons mentioned above. In this case you have to return to your country upon contract end or termination. However, some employers will accept to transfer their sponsorship to another employer if you pay them money like 10 thousand riyals or whatever and then no need to go back to your country and can directly work for another employer.

2. If your sponsor is your employer and refuses to transfer your iqama to another Saudi, you have to leave KSA but you can come back as soon as you get a contract from another employer. It is preferable that your previous employer does not know about your new job within the first two years. If he does, it is said that the two-year law is outdated and can do nothing against you.

2. If your sponsor is not your employer, you are already free to work for another employer. Some employers may ask you to transfer your iqama so that they become your sponsor. Then you will be entitled to more benefits at the expense of limiting your freedom to change employers. It depends on the job. If it is a good one, transfer your iqama to the new employer upon request.

[sheikher]

Scenario 1: "...if you pay them money like 10 thousand riyals or whatever" is an illegal request and illegal payment.

2. At your peril. It's a small world.

3. "If your sponsor is not your employer", you are being illegally sponsored and illegally employed elsewhere.

Check the Stickys. Read and memorize. There will be a test.

[hsm]

Scenario One: Check Life not outdated laws. You can't change reality with plausibly subtle linguistic manipulations.

Scenario Two: not all people are anemic

Scenario Three: temporary solutions are necessary


The Sticky is not a heavenly scripture revealed through an angel with universal validity. Consider updating the Sticky(s).

I bet you I'll not waste my money on an unaccredited test.

[veiledsentiments]

The reality is that the laws are not always enforced for expats. And for most of us it is not worth fighting it in their courts (even though expats can and do win... it takes lots of time for very little reward for the expat).

In the past, many people got around the 2 year rule by getting a new passport. This may become more difficult if the technology allows them to easily use eye scans or fingerprints to follow us.

VS

[hsm]

(In the past, many people got around the 2 year rule by getting a new passport. This may become more difficult if the technology allows them to easily use eye scans or fingerprints to follow us)

VS, like you said "in the past" people would go to the Immigration and Passports Authority where they invent a story to get a new passport: "my mom threw my clothes in the washing machine and my passport was in the small pocket and here are the remnants of the late passport" or "the goat ate my passport" then they apply for a new passport having signed some papers committing themselves not to lose it again.

NOW, there is even no need to change the passport simply because the two-year rule is no longer in effect! I'll go a little bit into real-life details: my colleague at work has two visas: one from the first employer and the other from the second employer. He got them in less than one year. The first visa is on one page and the other on the next. He did not get any letters from the first employer of any kind. Others would resign, leave their cars, apartments and furniture. They go to the KSA embassy in their country, get the new visa from another employer and return back to KSA within TEN days.

Technology -like fingerprints and eye scans- makes it IMpossible to enter KSA if they have something against the expat. Such an expat will not be even allowed to pass through KSA to another country.

Regards,,,

[sheikher]

Fingerprinting system a big success: Ahmed

By GALAL FAKKAR | ARAB NEWS

Published: Sep 6, 2010 00:22 Updated: Sep 6, 2010 00:22

JEDDAH: Deputy Interior Minister Prince Ahmed early Sunday highlighted the success of the Kingdom�s fingerprinting system in stopping criminals from escaping the country and cracking down on those who violate the country�s residency regulations...

http://arabnews.com/saudiarabia/article127497.ece

[Never Ceased To Be Amazed]

[Grendal]

[Cleopatra]

[hsm]

[Cleopatra]

[johnslat]

Ah, the eternal, fruitless quest for consistency in Saudi bureaucracy.

You'd have better luck finding the Fountain of Youth or Shangri-La.

Ask ten bureaucrats - get ten (or sometimes more) different answers.

But, there's an upside - just keep trying until you find the one that gives you the answer you want (and has the authority to accomplish whatever it is you need done.)

Regards,
John

[lazycomputerkids]