The Saudi legislation, in relation to the illegitimate reason behind a worker’s or an employer’s avoidance of a contract, stipulates that the harmed party by such termination can ask for a compensation, which will be identified by the Commission for the Settlement of Labour Disputes, taking into account the financial and moral losses.
The employer should not transfer the worker to another workplace, unless the transfer does not cause damage to the worker or has a legitimate cause required by the nature of the work. The worker may also be transferred to the daily wage category, in case the worker accepts by a written paper, with the preservation of all the worker’s rights acquired in the period of his work as a monthly wage earner.
The Saudi Labour Law also authorizes giving workers additional tasks (which were not mentioned before in their work contracts), in case the worker accepts by a written and in cases of emergency due to unexpected circumstances and for a period that does not exceed thirty days per year.
In fact, not all the cases of disputes between the worker and the employer are adopted by the Commissions for the Settlement of Labour Disputes, as sometimes the dispute becomes out of the commissions’ control. The dispute settlement commissions does not deal with the cancellation of the escape notification, the residence permit, the lifting of the travel ban, unauthorized use of computer, the retrieving of personal belongings, as well as the disputes over the compensation of smearing , restitution and dismissal, in addition to the disputes on the social security regarding the compensation for work injury, as long as the worker is registered with the insurers, the execution of the written vacations between the worker and the employer, the consultancy contracts, the training contracts, the farmers, and the disputes between the diplomats and their workers.
#contract_avoidance #labour_disputes #Saudi_Arabia
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