How to file a lawsuit with the Labor Office in Saudi Arabia
Are you wondering how to file a lawsuit with the Labor Office in Saudi Arabia? What are its conditions and procedures? What is the difference between the steps for filing a labor lawsuit in the labor office and the steps for filing a lawsuit in the labor court?
Follow with us the following article in which we showed you all the provisions related to this lawsuit and how to conduct an amicable settlement in accordance with the labor system in force in the Kingdom.
To request a lawyer’s consultation or power of attorney, contact us at Abdul Majeed Al Rashid Law and Legal Consultations Office.
Filing a lawsuit with the Labor Office in Saudi Arabia
What is a labor office lawsuit, how is it filed, including the required documents, and what happens after the lawsuit is filed?
What is meant by the term filing a labor office lawsuit in Saudi Arabia is a labor lawsuit filed by the worker against the employer, or filed by the employer against the worker, which is carried out in accordance with the provisions of the Saudi Labor Law, and the procedures contained in the Saudi Sharia Litigation System are applied to it.
The Saudi labor system has emphasized the necessity of not filing a labor lawsuit before the labor court until a complaint has been submitted to the Ministry of Human Resources and Social Development, specifically to the Labor Office, to conduct an amicable settlement.
How to file a lawsuit with the Labor Office in Saudi Arabia
Labor courts also have jurisdiction to hear a wide range of disputes that arise within the framework of the labor relationship. These jurisdictions include the following:
Disputes relating to employment contracts, wages, rights, work-related injuries and compensation.
Disputes relating to disciplinary sanctions imposed by the employer on the worker or relating to a request for exemption from them.
Claims filed to impose penalties stipulated in the Labor Law.
Disputes resulting from dismissal from work.
Complaints from both employers and workers whose objections were not accepted against any decision issued by any competent body in the General Organization for Social Insurance regarding the necessity of registration, contributions or compensation.
Disputes relating to workers subject to the provisions of the Labor Law, including government workers.
Disputes related to the application of the labor system and the social insurance system without prejudice to the jurisdiction of other courts and the Board of Grievances.
How to file a lawsuit with the Labor Office in Saudi Arabia
File a labor office lawsuit
When filing a labor office lawsuit, you must follow the steps for filing an electronic labor lawsuit, in the following order:
Log in to the electronic services portal of the Ministry of Human Resources and Social Development.
You must enter the individuals portal if the settlement is amicable for individuals, and enter the establishments portal if the plaintiff is an establishment.
Choose an amicable settlement service – file a lawsuit.
Fill in the mandatory fields for submitting the lawsuit document, which are the plaintiff’s data, the settlement office to which the lawsuit belongs, the defendant’s data, and the work data.
Spatial jurisdiction must be matched according to the workplace and the settlement office to which the lawsuit is affiliated that was chosen.
Choose the subject of the lawsuit and attach the required documents.
Choose to agree to the no-malice declaration of the claim, then press the submit button.
The application will then be reviewed by the relevant staff.
If the request is rejected, the reasons can be found out through the lawsuits service in electronic services.
Text messages and emails are sent to all parties to the lawsuit when the lawsuit is accepted.
An announcement or notification of the hearing date shall be sent to all parties to the case.
If the plaintiff does not attend, the case will be closed, and he has the right to open it again unless the period exceeds 21 working days.
If the defendant fails to attend the first session, his services with the Ministry are suspended and a date is set for another session. If the defendant fails to attend again, the employee grants the plaintiff the right to transfer his services without the approval of his current employer. The case is referred to the Labor Court.
If reconciliation is reached, a reconciliation report is drawn up and printed by the Claims Service.
If there is no agreement between the two parties, the case is referred to the labor courts, and the dates of the sessions are later determined by the Ministry of Justice, and the case is considered terminated by the Amicable Settlement Office.
How to file a lawsuit with the Labor Office in Saudi Arabia
When the settlement fails and a lawsuit is filed in the labor court, the following steps are followed:
Referring the case to the Labor Court as soon as an amicable settlement fails in accordance with the procedures stipulated in the Sharia Litigation System.
The lawsuit is submitted by the plaintiff, whether the worker or the employer, to the labor court through a newspaper signed by the plaintiff or his representative.
The competent writer records the newspaper in a special register.
Inform the defendant of the case document and the date of the hearing.
Trial sessions are held and both parties present their arguments before the court.
After the court studies the case, the evidence presented, and the defenses of both parties, it rules on the case.
Conditions and requirements for filing a labor lawsuit
The conditions and requirements for filing a labor lawsuit include the following:
The employment contract, if any, must be attached.
In the absence of an employment contract, proof of the contractual relationship between the worker and the employer must be provided.
If the plaintiff is an agent, he must submit the legal agency that authorizes him to visit the Amicable Settlement Administration and grants him the right to reconciliation, release, and waiver.
Other documents must be submitted depending on the type of lawsuit. In the event of a lawsuit, these documents include a claim for labor benefits proving that the worker did not receive those benefits.
The labor lawsuit must be filed within a period of 12 months from the date of termination of the employment relationship, otherwise the lawsuit will not be dismissed unless an acceptable excuse is available or the employer acknowledges the right in accordance with what is stipulated in Article 234 of the Labor Law.
The dispute brought before the Labor Court must fall within its jurisdiction based on the labor dispute.
The lawsuit must be filed before the competent labor court in accordance with the legal procedures stipulated in the Saudi system.
How to file a lawsuit with the Labor Office in Saudi Arabia
Labor lawsuit procedures in court
The most important labor lawsuit procedures before the competent court are:
Upon failure to resolve the dispute amicably, the Amicable Settlement Office must refer the case to the Labor Court within 21 working days from the date of the first session.
The Labor Court informs the parties to the case of the scheduled hearing date, and both parties must present their defenses in the case.
The pleading and issuing ruling procedures in the Labor Court are carried out in accordance with the provisions stipulated in the Saudi Sharia Litigation System.
Either party, the worker or the employer, can file a lawsuit in the Labor Court through the Najez electronic portal of the Ministry of Justice, where the lawsuit filed electronically will be referred to the Amicable Settlement Office at the Ministry of Human Resources and Social Development.
How to file a lawsuit with the Labor Office in Saudi Arabia
Characteristics of labor lawsuits in Saudi Arabia
Characteristics of labor litigation in Saudi Arabia are as follows:
A labor lawsuit is considered one of the lawsuits that must be considered urgently, and its provisions are considered subject to expedited enforcement.
A labor lawsuit is considered one of the lawsuits for which an amicable settlement must be made before going to the labor court.
A labor lawsuit arising from the labor system, or from an employment contract concluded between the two parties, shall expire after 12 months from the date of termination of the employment relationship, unless the plaintiff presents an excuse accepted by the court or the defendant issues an acknowledgment of the right.
Frequently Asked Questions
What is meant by an amicable settlement by the labor office?
An amicable settlement refers to the Saudi Labor Office: a lawsuit filed by a worker or employer in the event of a dispute related to the labor contractual relationship. The office conducts this amicable settlement within 21 working days from the date of filing the claim. In the event of failure, the matter is referred to the competent labor court.
How to inquire about a lawsuit at the labor office?
Inquiring about a lawsuit at the Labor Office is done by accessing the website of the Ministry of Human Resources and Social Development, going to the friendly settlement service for labor disputes, and inquiring about the lawsuit by its number and date.
How does the Labor Court issue its rulings in a labor lawsuit?
The Labor Court issues its rulings in the labor lawsuit in accordance with the procedures stipulated in the Labor Law and the Sharia Procedures System, emphasizing that the Labor Court may not consider any labor lawsuit except after it has been referred to it by the Amicable Settlement Office after failing to resolve the dispute amicably.
Is it possible to go directly to the labor court without resorting to an amicable settlement?
It is not possible to go to the Labor Court immediately before completing the amicable settlement phase with the labor office within whose jurisdiction it falls.
At the conclusion of our article in which we explained to you the procedures for filing a lawsuit with the Labor Office in Saudi Arabia, we stress that anyone who still has any questions about filing a lawsuit with the Labor Office should take the initiative to request the best legal advice in the office of lawyer Abdul Majeed Al-Rashid from our best lawyers.
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