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Case against employer for unfair termination Article 80

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ertugrul

Hi All,

My employer has unfairly terminated without any compensation or notice under Article 80 (misconduct & misbehavior) and they don't have any credible proof. Actually, they no longer wanted me to continue but I had more than 8months of contract remaining and just created unjustified stories to terminate me if I won't resign (which I didn't). They neither did proper investigation nor followed instructions in saudi labor law and were too quick to terminate thinking I won't respond.

But I've decided to fight back and I'll be hiring lawyer and determined to put in money and time to get my right. Any help/suggestion would be appreciated. I'm just curious what happens if they file fake huroob after I file the case (well the company is an heavily regulated financial institution and shouldn't risk filing fake huroob, but they shouldn't have been doing to me what they're doing so I can't trust them).

I'll also be applying for ajeer temporary work permit so I can work elsewhere during the case time and any help regarding that will be helpful as well.

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sabahatrafique

During your case in the court the employer cannot make HUROOB.even if employers make you can stay here in KSA.Better to file case in DEWAN MAZALIM it's a court that is assigned for such cases.
Regarding Ajeer i don't have any idea.
May Allah Pak creates easy path for you.ameen

Fahad_Da

Hi Everyone,

First, DEWAN MAZALIM is not the relevant case for labour cases, there is a labour court, which has jurisdiction over all labour cases if you were terminated according to Article 80 of Saudi Labour Law, you have a timeline for lodging the claim within 15 days, some judge would be lenient not to apply this restriction others might ask you for justification for not lodging the claim earlier.

Second Regarding Huroob you can fight this in the ministry itself.


Best Wishes,
Fahad Alhifi,
A Lawyer

Luqmanksa

Hi bro
You have to lodge complain in labor court ASAP if you didn’t
I had similar cases of false allegations and tried to prison me after Huroob. That happened seven years ago.  But now things has changed a lot and few new laws has been implemented.  Hope you will get your right justified

M zamodio

Hi Atty.

My employer has illegally file huroob to me just because i dont want to renew my contract. I finished my contract and I didn't miss any day. As his punishment of me not renewing my contract, he filed a huroob to me.

I had my first hearing and my employer didnt show up. Also the judge cannot speak arabic. I filed the cancellation of huroob 3 days after he filed it. Now i only have 7 days left before he withdraw it. Im afraid he wont withdraw it. He acts like he does not fear anyone. Any advise?

Arsal7

M zamodio wrote:

Hi Atty.

My employer has illegally file huroob to me just because i dont want to renew my contract. I finished my contract and I didn't miss any day. As his punishment of me not renewing my contract, he filed a huroob to me.

I had my first hearing and my employer didnt show up. Also the judge cannot speak arabic. I filed the cancellation of huroob 3 days after he filed it. Now i only have 7 days left before he withdraw it. Im afraid he wont withdraw it. He acts like he does not fear anyone. Any advise?


Yes, he doesn't care that's why he did that.
Even if they the court find him guilty, he will not go to jail.
So, yeah he doesn't care.
Try to find a good lawyer and get an advice from him.
My advice for you?
Try to settle this matter directly with your employer.

khurram ejaz

Hi all
I get termination under article 80-8. But when our office get investigation the main subject of allegation I denied in writing, however unintentionally mistake to take some work during my time of end of contract notice period. But when I found the person not right even didn't executed his work nor took single riyal from. But my office make article 80_8 and immediately terminated me.
My question now
1) can I switch the job?
2) the main allegation subject I denied in writing. But only mistake to took some but not executed.
3) Even I am not took single riyal.

Even I make apologize on my intention mistake..

Please guide me, what I can do
On other hand
- Kids are doing schooling.
- Wife is sick.

Pol - Dopong Palce

I just have questions?  because I just transferred it in Augost 2021, now my new kafel wants me to transfer to another employer again.  because the reason is that they need saudi nationality.  now he is looking for a transferable employer but I refuse.  because we could not agree the agreement with the employer that they would transfer me.  then he told me like this, he will give me an extension of one month to find a new employer.  because if I can't find a new employer in the one month extension they gave me.  what the employer will do to me and he will exit me.  how come my iqama has expired now december 2021. And My contract now until August 2022 what can i do, can i have your opinion or idea about this situation.. please i need your reply. Thank you

Tanvir848

Hi dear
Its good, your employer have given you time to take transfer. Find a new employer/ company and take transfer or you can take transfer outside as free lancer and work. But remember if your employer proceeded your final exit then you can't do anything here. Here the system totally support the employer not the labour. I'm facing the similar situation after the final exit.

Arsal7

If they get you working as a free lancer.
You will be in a v v v big problem.
Don't do any freelancing now.
Police is capturing all such persons and the punishment is really harsh.
At least 6 months jail and 50k SAR fine.

Pol - Dopong Palce

Sir, Thank you..! I hope this month I can find a new employer or company that I can transfer immediately.

Sankarganesh1988

Hi arsal
Kindly guide me for transfer , I got termination on July month.
My contract is ending on 30 th October.
My iqama is renewed last week , how I will get the transfer.

renatodd

@Fahad_Da


I was terminated under article 80 last Oct. 20, 2022, effectivity the same date.  Many arguments and talking with our HR. I did not see the full details of the letter because I did not bring my reading glass at that time. The HR told me it was just an ordinary document, and that I can just make an objection letter for a period of 3 working days. I signed the letter! But in my signature I wrote; I SIGNED AGAINST MY WILL.

My question is will the company can use this letter of termination against me? Also, there were no pieces of evidence or violations they showed me.


I made my objection letter on OCT 23, I sent them my personal objection letter.  On Oct. 24, 2022, I hired a law firm and he sent an objection letter too. . We filed a case with the Ministry of Labor on Oct. 25. The HRSD sent me a case status.


Their investigation was based on an ex-pat from HR also, He sent a letter to all managers telling them that I am MANDATORY collecting money during my Friday trip in Balad, and other places. My question is can my company use this as evidence for article 80?


Can i file a case against my company and the guy who made that REVENGED letter? I knew them very well the guy. He was an HR employee engaging in recruiting in Bangladesh and collecting a HUGE amount of money from them. (ex. 4, 5, lack in Bangladesh currency. If we converted this to Saudi riyals it will be like 20k, 23k, 25K. I presented this to our legal office. There were people who came and told me their stories. What I did is that I did make a graph, their names, iqama, mobile, how much money this guy collected, their signatures, and fingerprints (left and right thumb marks). I presented it to our legal department.  We signed as a witness against him.  That was August 29, 2022.  then I found out that our legal used these signatures against me instead of this guy. My question is can I file a Commercial cover up against my company for protecting him?


my Iqama will expire this month. My question is can i request a transfer letter to the court so that i can work to another company while my case is ongoing? I worked to my company for 11 years and 8 months.


I heard that this guy was terminated on oct 25, 2022 not because of my evidence against him , but because of sombody from the compnay reported him to maktab al amal.  The police went to Hr and saw him, He was instantly terminated.


cAN I ASK MY LAWYER TO FILE FOR COMMERCIAL COVER-UP?

xaventurinex

@Fahad_Da hi, for KSA court cases, is the public able to view them online?

xaventurinex

@Fahad_Da hi, are saudi labor court cases available for public to view online? i know in the UK they have a collection of court cases for the public to view

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