Job Discussion Forums

[cosmosmariner]

aken 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

[cyberscriber]

Please read today's Arab News:


Thursday, 1, February, 2007 (13, Muharram, 1428)




Law and You by Mohammed Jaber Nader



I.J. I came to Saudi Arabia in 1999 and stayed here until March 2006, when I went back to my homeland with my family. But due to some reason, I could not return on time and my visa and iqama expired. I want to know how I can return to Saudi Arabia to work for a new employer. Do I need a no-objection-certificate (NOC) from my previous employer? And what are the other requirements? Kindly advise.

According to the new labor law, you do not need the NOC, but the Passport Department and the Saudi missions abroad have not yet changed their regulations to fit the new law. I hope they do this soon.

But before one asks for the protection of the law, one must not break the law himself. My question to you is: Did you inform your employer in due time of your inability to return and did you help to sort out your unexpected absence? Did you leave your previous employer with difficulties and expenses for replacing you due to your unexpected situation? In other words: Did you behave in a responsible manner, or did you simply disappear without communicating your circumstances to your former employer?

Keep in mind that the laws must also defend the economy and the employers, too. Contracts aim to balance the needs and rights of both employers and workers, and workers bear some responsibility to keep their end of the bargain. Even if you manage to return without the NOC, you may face a breach-of-contract liability with your previous employer who can sue you for that breach and for the costs incurred due to your unexpected absence � especially if you left the country without attempting to rectify your situation with your employer.


What is your interpretation of the position now?
Seems like visas maybe issued without the NOC?