Saudi Arabia

Guide To Settle Saudi Expat Labor Disputes Within 21 Days

The monitoring of the works of the courts is in the care of the Ministry of Justice in the Kingdom of Saudi Arabia. The Ministry of Justice also supervises the judiciary development. Significant care and proposals are being made to ensure adequate levels of justice in the Kingdom of Saudi Arabia. Various initiatives are being taken by the various authorities for the Saudi Vision 2030 set by the kingdom to achieve greater efficiency and effectiveness in the overall economy of the kingdom.

An announcement was made by the Ministry of Justice on 31st October 2018 that the entire labor offices in the Kingdom of Saudi Arabia will have a period of 21 days to efficiently and effectively settle Saudi expats and Saudi workers’ labor disputes.

Some examples of labor disputes are given below:-

  • Terminate: Employer terminates an employee without prior notice.
  • Salary: Employer holds a salary of an employee without proper justification.
  • Employee Passport: Employer keeps employee’s passport.
  • Working Environment: Employer doesn’t meet the requirement of health and occupational safety.
  • Breach of Contract: Employee breaches a contract of employment.
  • Fraud: Employee involves in a fraud.
  • Absent: Employee’s absence without permission of the employer.
  • Undue Influence: Employee uses his position unlawfully.

If no settlement is reached within 21 days, the labor office must submit the Saudi expat and Saudi workers’ labor dispute cases to the labor courts electronically. An excellent opportunity will be available to the expat to exercise this option to achieve a better resolution of the pending dispute or case.

Categories of Labor Cases

  • Employee and Employer Dispute
  • Cases Concerning Domestic Workers
  • Both employee’s and employer’s complaint against the decision taken by GOSI related to the subscription, registration, compensation.
Employee And Employer Dispute

The employer or the employee needs to file a case with the competent labor office in order to request an amicable settlement in accordance with the directives issued by the council of ministers. In case of failure to reach a settlement within 21 days, the labor office needs to report electronically the dispute status to the labor court for taking necessary judicial procedures.

Cases Related To Saudi Workers

The Saudi worker’s complaint must be referred to a committee for reconciliation within 5 days. In case of failure to reach a settlement within 21 days, the committee will pronounce its decision within 10 days. There will be a provision to appeal against the decision of the committee at the labor court electronically.

Employer And Employee’s Complaint Against Decision Taken By GOSI

It will have to go through 3 phases. First, both will have to file a case with the competent agency under GOSI. Then the client appeals the decision of the agency to GOSI. In case the appeal is overturned, the employer can approach the labor court.

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