Q: Is there any provision for someone working here as a laborer where he can bring his family over?
Ans: It is not possible for a person whose iqama identified him as a laborer to bring his family on a visit visa.
However, if a sponsor can provide proof that he could be financially responsible for the family members of his worker, the sponsor may apply for an invitation through the Ministry of Foreign Affairs.
Generally, only those who are on family-status contracts are allowed visits by out-of-country guests, like parents or children. Once the request is granted, the ministry will send the invitation and authorization directly to the embassy.
Thursday, December 28, 2006
Monday, December 25, 2006
Change of Sponsorship
Q. Under the new labor law, how long do I have to wait after departing on a re-entry visa before I can return to the Kingdom to work for a different employer?
Ans. If you return on a re-entry visa, you are expected to continue work with your current employer, if your contract is still valid. You can seek another job only if your work is terminated with the present employer according to your contract or the law.
It has been the rule for years that if your contract ends and your employer still needs your services, you must continue to work for him or leave the country for a year. Essentially, this means that only when your employer doesn’t need you any more you can seek work elsewhere.
Although that regulation was followed for many years, it is not correct according to Shariah, human rights, or general principles of the new labor law.
However, the new labor law (which went into effect in April) does not address this issue directly.
The contract should state that you are expected to continue to work for your current employer should you decide to stay after the end of your term, which is usually two years. If not, you should be able to switch employers.
However, it must be noted that although an employer cannot oblige the employee to continue work with him under contract, an employee cannot compel the employer to sign any papers to transfer his work permit or residency. If after termination of a contract an employer refuses to sign such papers, the employee must leave the country.
Finally, I have to warn the reader that the new labor law has just started and adjustments to it need time and effort on the part of any interested party, and may need the judgment of the court. But I advise any employee in this situation to insist on applying the new law, Shariah and human right principles.
The question how an employer will protect himself against an employee jumping from his job after one year if he finds a better job may arise. The answer is simple: Draft a contract giving the employer the option to ask the employee at the end of each year to continue with him if needed.
Ans. If you return on a re-entry visa, you are expected to continue work with your current employer, if your contract is still valid. You can seek another job only if your work is terminated with the present employer according to your contract or the law.
It has been the rule for years that if your contract ends and your employer still needs your services, you must continue to work for him or leave the country for a year. Essentially, this means that only when your employer doesn’t need you any more you can seek work elsewhere.
Although that regulation was followed for many years, it is not correct according to Shariah, human rights, or general principles of the new labor law.
However, the new labor law (which went into effect in April) does not address this issue directly.
The contract should state that you are expected to continue to work for your current employer should you decide to stay after the end of your term, which is usually two years. If not, you should be able to switch employers.
However, it must be noted that although an employer cannot oblige the employee to continue work with him under contract, an employee cannot compel the employer to sign any papers to transfer his work permit or residency. If after termination of a contract an employer refuses to sign such papers, the employee must leave the country.
Finally, I have to warn the reader that the new labor law has just started and adjustments to it need time and effort on the part of any interested party, and may need the judgment of the court. But I advise any employee in this situation to insist on applying the new law, Shariah and human right principles.
The question how an employer will protect himself against an employee jumping from his job after one year if he finds a better job may arise. The answer is simple: Draft a contract giving the employer the option to ask the employee at the end of each year to continue with him if needed.
Vacation Days
Q. I have worked as an accountant for the past eight years. My annual paid leave has been 15 days per year. I notice that the new labor law states that I should be getting 21 days of paid leave per year for the first five years and 30 days for each year after. When I confronted my employer, he said the new law hasn’t gone into effect. What do I do?
Ans. I advise that your boss understand that the new law may be on paper, but it is sharper than steel. If your boss disagrees, you should complain at the nearest labor office.
Read to him Article (109-1), which states, “A workman shall be entitled each year to a prepaid annual leave of not less than 21 days, to be increased to 30 days if the workman spends five consecutive years in the service of the employer.”
This is how it works in your case of eight years of service.
Any vacations you have already taken will be calculated according to the old labor law: 15 days for each of the first five years, and 21 days for each year after that. For any pending vacations that you have not taken, the new law applies; it will be 21 days, not 15 for your first five years.
Two examples for clarification:
Example 1: Suppose you took 45 days of vacation during eight years. In this case the new labor law will apply on all the rest of the years. It will be 21 days for each of the remaining two years of the first five years, and 30 days for each of the following three years.
Example 2: Suppose you took all your vacations for the first five years plus 15 days for the sixth year. Here, NLL provision of 30 days will apply to each one of the seventh and eight years, i.e., sixty days.
Ans. I advise that your boss understand that the new law may be on paper, but it is sharper than steel. If your boss disagrees, you should complain at the nearest labor office.
Read to him Article (109-1), which states, “A workman shall be entitled each year to a prepaid annual leave of not less than 21 days, to be increased to 30 days if the workman spends five consecutive years in the service of the employer.”
This is how it works in your case of eight years of service.
Any vacations you have already taken will be calculated according to the old labor law: 15 days for each of the first five years, and 21 days for each year after that. For any pending vacations that you have not taken, the new law applies; it will be 21 days, not 15 for your first five years.
Two examples for clarification:
Example 1: Suppose you took 45 days of vacation during eight years. In this case the new labor law will apply on all the rest of the years. It will be 21 days for each of the remaining two years of the first five years, and 30 days for each of the following three years.
Example 2: Suppose you took all your vacations for the first five years plus 15 days for the sixth year. Here, NLL provision of 30 days will apply to each one of the seventh and eight years, i.e., sixty days.
Sunday, December 24, 2006
Non Objection Certificate (NOC)
Q. I am following with gratitude your comments on the new rules regarding the no-objection certificates (NOC). What troubled me is that eight months after the new rules went into effect it still seems that employers are sticking to the old rules. I am doubtful that employers will ever fully adopt provisions under the new labor law. Is there any assurance they will?
Ans. The new labor law clearly states that the old labor law is obsolete as of last April. The last sentence of Article 244 of the new law states the following:
“This law shall supersede the Labor and Workmen Law promulgated by Royal Decree No.M/21, dated 6 Ramadan 1389 [15 November 1969] and shall repeal all provisions that are inconsistent with it. The rules and laws issued prior to the effective date hereof shall continue in effect until amended.”
This is a direct order to all concerned to abide by the new law. If an intransigent employer is ignoring the new law and still applying obsolete provisions, such as the ones concerning the NOC, then you should complain to the ministries of labor and interior and seek legal recourse.
Ans. The new labor law clearly states that the old labor law is obsolete as of last April. The last sentence of Article 244 of the new law states the following:
“This law shall supersede the Labor and Workmen Law promulgated by Royal Decree No.M/21, dated 6 Ramadan 1389 [15 November 1969] and shall repeal all provisions that are inconsistent with it. The rules and laws issued prior to the effective date hereof shall continue in effect until amended.”
This is a direct order to all concerned to abide by the new law. If an intransigent employer is ignoring the new law and still applying obsolete provisions, such as the ones concerning the NOC, then you should complain to the ministries of labor and interior and seek legal recourse.
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