30012011 YOU AND THE LAW (SAUDI ARABIA)

 I have been working for my present company for 17 years. As I understand it, the expiration date of my iqama marks the end of my contract period. If my iqama is due for renewal in January and I plan to leave the company, I should submit my resignation in writing at least 30 days prior to that expiration date.

Should I submit my resignation directly to my employer, or should I submit it through the Labor Office. Is there a special procedure to be followed? I tried to leave the company in 2008 and again in 2009, but the management lured me to stay back with the promise of a salary increase, which I never received. Lastly, my child's exams are in March. Can I ask my employer not to renew my iqama and extend my stay in the country until after my child's exams?

Your knowledge of the law is good. You should focus on negotiating with your employer. After 17 years of work, your employer does not have much justification for preventing you from resigning. If he doesn't give you a raise and you decide to resign, inform your employer in writing at least one month (30 days) prior to the expiration date on your work/residency visa. You should include your request to be allowed to remain until after your child's exams. Considering the long period you have been with the company, your employer doesn't have a legitimate reason not to agree to this request. In case he is adamant and denies your request, file a complaint at the Labor Office in your area.

I would like to ask you about the system for workers who work in a company without sponsorship.  I heard there is punishment announced by the Ministry of Interior for the company which hires such people and the workers who work without sponsorship. If that is the case, to whom can we complain for what happened to us as expatriate workers, against those who sponsored us illegally?  

AMNESTY / DEPORTATION GUIDELINES FOR OVERSTAYING VISITORS IN KSA

PCG Jeddah Advisory No. 2011/001

Last Update: 07 January 2011

The Ministry of Foreign Affairs of the Kingdom of Saudi Arabia (KSA) recently issued a set of procedures for the deportation of visitors with expired umrah, hajj or visitor visa. The guideline that was issued is Circular Note No. 91/74/27523/31 and it aims to inform all Consulates in Saudi Arabia about the Royal Amnesty that they are granting for all overstayers. The Royal Amnesty of the Kingdom of Saudi Arabia was announced last September 23, 2010 and is effective from September 25, 2010 until March 23, 2011.
 
The amnesty is given to overstayers who would voluntarily go to the authorities and to those who are detained for illegal stay. Part of the reason why the amnesty was granted is to solve the problem of overcrowding at the Jeddah Deportation Centers. Listed below are the guidelines for the Royal Amnesty:
 
1. For violations of the Saudi Law No. M/51 dated 21/8/1426H Police authorities will provide the Saudi Labor Offices with copy of the police report on cited violations.

The Saudi Labor Office will then decide on the overstayers' labor cases by applying applicable regulations.

The Saudi Labor Office shall also inform the sponsors of the overstayers to present themselves to the Saudi Labor Office.

The overstayers may continue working until their labor cases are resolved.
 
 
2. For violations of legal residents and Saudi nationals (without distinction) such as employing, transporting, helping or harboring those with no legal iqamas such as Hajj or umrah pilgrims or visitors or tourists and the like The arresting authority will surrender the violator to the Directorate for Expatriates (Wafeeden) of the General Directorate of Passports.

The Wafeeden Directorate shall conduct an investigation and shall take the biometric information (fingerprinting and eye scan) of the individual

 
The Wafeeden Directorate may release the violator after presentation of guarantee (kafala) and penalty acceptable to the GDP (Jawazat) after it assured that any decision issued by the Administrative Committee of the General Directorate for Passports (Jawazat), either for repatriation or imprisonment, may be implemented.
 
 
3. For violators of the terms of the hajj, umrah, visitor or tourist visa Upon arrest, the police authorities will turn them over to immigration authorities for investigation and biometric documentation (fingerprinting).

The owner of the hajj, umrah, tourist company or the visitor's sponsor shall be summoned by the Jawazat and shall be asked to provide their passports and airline tickets.

The Jawazat will issue deportation visas and will release the violators under the guarantee of a sponsor who must submit proof of their departure within two (2) weeks of such issuance.

Failure on the part of the sponsor to submit proof of the departure could result in the suspension of his personal records and activities in the government's computer system.
 

4. For those who overstayed their umrah/hajj visas but who voluntarily surrender For those who present their original passports and tickets, the Directorate for Expatriates (Wafeeden) of the General Directorate for Jawazat shall subject them to investigation and routine security checks before they are issued exit visas and are allowed to depart.