Compensation awarded in the event of unfair dismissal

Compensation awarded in the event of unfair dismissal

What is unfair dismissal? In the Kingdom, the term arbitrary dismissal refers to unjust legal behavior or unjustified decisions taken by an employer with his authority over the worker in an unfair manner and without any convincing reason.

Arbitrary dismissal is therefore considered a violation of the most important principles protected by the labor system for workers, and is inconsistent with human rights and the principles of justice and integrity.

Types of unfair dismissal in the Kingdom

There is a diversity of cases and types of unfair dismissal, including issues related to personal freedom, freedom of expression, and the rights of workers and employees, as well as economic and social conditions that affect individuals and institutions.

In recent years, Saudi Arabia has witnessed positive transformations in the field of human rights and justice. Accordingly, workers’ rights are a priority for attention and consideration, and therefore the Labor Law, with its provisions, takes this priority into account.

It places human value first, and respect for contracts and their terms second, in a way that does not violate the provisions of Islamic Sharia or the principles of agreements and treaties.

What should I do if I am arbitrarily dismissed?

If you are subjected to any type of unfair dismissal, you can file a lawsuit against your employer to obtain compensation. It should be noted that the legal period within which a practical lawsuit can be filed does not exceed 12 months from the date of termination of the practical relationship. The court competent to deal with workers’ lawsuits is the Labor Court.

In the event of a claim for unfair dismissal, you must prove that you were dismissed without legitimate reason, and you can provide any evidence to support your claim, such as your personal testimony, witness testimony, and working papers.

If you succeed in proving that you were arbitrarily dismissed, the court can order your employer to pay you compensation, and the amount of compensation will be determined based on the number of years of service, the size of the salary, and the damages you suffered as a result of the dismissal.

If you are arbitrarily dismissed, you can seek the assistance of a workers’ lawyer from the office of Attorney Abdul Majeed Al Rashid.

A workers’ attorney can support you in filing a lawsuit and defend your rights in court.

Compensation awarded in the event of unfair dismissal

Examples of arbitrary dismissal in the Kingdom’s labor law

• Dismissal because of race, gender, or religion.
• Dismissal of an employee due to her pregnancy or taking sick leave.
• The employee was dismissed due to his participation in union activities.
• The employee was dismissed for reporting employer violations.
• Dismissal of an employee for refusing to perform work in unsafe or unfair conditions.

If you have been fired for any of these reasons, you can file a lawsuit against your employer for compensation.

Compensation awarded in the event of unfair dismissal

How to prove unfair dismissal

Here are some things that may help you prove unfair dismissal in Saudi Arabia:

• Keep all your work documents preserved, such as your employment contract, medical reports, and complaints you have filed with your employer.
• Obtain testimony from people who have the ability to testify about your employer’s dealings with you.
• Consider adhering to legal periods and filing the lawsuit on time, 12 months before the end of the working relationship, in accordance with Article “234” of Clause “a” of the Labor Law. Applications relating to workers’ rights shall not be accepted after this period, except with the consent of the right holder or the submission of an excuse acceptable to the court.
• If you can prove that the dismissal was arbitrary, the court has the right to order your employer to pay you compensation. The value of compensation depends on the period of service, the amount of salary, and the damages you suffered as a result of dismissal.

Arbitrary dismissal complaint

You are sure to feel angry and confused after being arbitrarily fired from your job. This is completely normal, but it is more important to remember that you have rights that must be preserved.

The Labor Law in the Kingdom of Saudi Arabia protects employees from any type of unfair dismissal. Accordingly, if your employment contract is terminated arbitrarily, you have the right to file a lawsuit against your employer to claim compensation.

How to prepare a lawsuit against your employer

How to prepare a lawsuit against your employer

You can take action to file a lawsuit against your employer, including:

• You should obtain a copy of your employment contract, as you will be able to better understand your legal rights.
• Collect evidence that you were arbitrarily dismissed. This evidence may include witness testimony, email, text messages, and phone call logs.
• You should then speak with a lawyer specializing in labor law, who will help you understand your rights and take the necessary measures to protect those rights.
• If you are suddenly and unfairly fired, don’t give up, you have rights you deserve and can claim compensation.
• Fixed-term contract and indefinite-term contract

According to the labor system in Saudi Arabia, unfair dismissal can be divided into two main types: fixed-term contract and indefinite-term contract.

Fixed-term contract:

• Under the Saudi system, an employer is not allowed to arbitrarily dismiss an employee before the specified contract term expires.
• A fixed-term contract defines the contractual relationship between the two parties, and if one party violates the terms of the contract, the other must receive compensation for the remaining term in the contract.
• If the worker is on a trial period of ninety days, equivalent to three months, the employer may terminate the contract and must obtain the worker’s written consent.

Indefinite-term contract:

• A fixed-term contract is renewed only twice in a row or for a period of three years.
• If the parties continue to renew the contract, it becomes an indefinite contract in accordance with Article 55 of the Labor Law.

Compensation awarded in the event of unfair dismissal

Compensation is awarded in the event of arbitrary termination of the contract.

• In the event of arbitrary dismissal in Saudi Arabia, the worker has the right to receive compensation for the remaining period of his contract, if the contract is of a fixed term.
• If the contract is of indefinite duration, the employer must pay compensation of 15 days for each year of work in the facility.
• In both cases, the minimum compensation received by the worker must not be less than the worker’s monthly salary for two months.

Compensation and other rights

The worker is entitled to compensation for any other benefits he benefits from, such as subsistence allowance, transportation, and health insurance.

If a worker believes he or she has been arbitrarily dismissed, he or she may file a complaint with the Ministry of Labor, which will investigate the complaint. If the allegation of arbitrary dismissal is proven true, the employer will be required to compensate the worker.

The worker also has the possibility to file a lawsuit against the employer in court in order to obtain compensation.

Tips when exposed to arbitrary dismissal

• Keep all documents related to the job such as: employment contract, experience certificate, and attendance record.
• Immediately register a complaint with the Ministry of Labor.
• File a lawsuit against your employer to obtain compensation.

In what cases is it permissible to dismiss an employee?

The Saudi labor system allows for cases in which an employee may be dismissed, which are according to the labor system in the Kingdom of Saudi Arabia:

• Worker assault on the employer: In this case, the employer has the right to terminate the contract on his part.
• Failure of the worker to perform his duties as required: The employer has the right to arbitrarily dismiss the worker (but a written warning must be given to the worker before the final decision to dismiss is made).
• The employee commits a shameful act or bad behavior.
• An employee commits an act aimed at intentionally harming the company, or disclosing business secrets for the purpose of causing harm and loss to it.
• The worker forged his personal identification papers.
• Absence of the illegal employee.

Compensation awarded in the event of unfair dismissal

Contact the best labor lawyer

You can also use the services of a licensed lawyer who is an expert in labor law, who is a labor lawyer specializing in issues of employment contracts, wages, work injuries, compensation awarded in the event of unfair dismissal, disputes resulting from dismissal from work and disciplinary penalties.

In the office of lawyer Abdul Majeed Al Rashid, there is a group of licensed lawyers specializing in this field. You can contact lawyers to help you obtain your rights