The labor circuit at the Court of Appeal in Riyadh recently ruled in favor of a woman employee who was unfairly dismissed from her job before the completion of her contract period. The court awarded her compensation amounting to SR275,000 for the damages caused by her arbitrary dismissal. The woman was reportedly terminated from a private company due to her absence from work caused by a two-month delay in receiving her salary. The court acknowledged that the employee still had 18 months and 15 days remaining on her contract and therefore, deserved to be compensated for the damages. The compensation included wages for the notice period, leave balance, end-of-service allowance, and the issuance of a certificate of experience as per the provisions of the Labor Law. The ruling was declared final and enforceable.
According to Okaz/Saudi Gazette, the female employee filed a lawsuit against her former employer, claiming she was unjustly dismissed and subjected to harassment including insults and unwarranted penalties. The plaintiff alleged that she had to resort to stopping work until the complaint was resolved. In response, the company representative defended their actions stating that the plaintiff had stopped working without justification, leading them to apply Labor Law regulations. The court determined that the employee’s absence was a result of not receiving her wages for two months, which was within her rights as per Article 81 of the Labor Law. It deemed her dismissal unlawful and awarded her compensation based on Article 77 of the Labor Law, affirming that her termination was arbitrary and entitling her to the compensation granted by the court.
Legal expert Khaled Abu Rashid explained that the Labor Law provides workers with the right to leave work without notice under specific circumstances while retaining all their legal rights. These circumstances include the employer’s failure to fulfill contractual or legal obligations, fraudulent actions during the hiring process, assignment to significantly different work without consent, violent or immoral behavior towards the worker or their family, cruelty, injustice, or insult in treatment, serious danger in the workplace overlooked by the employer, and actions by the employer leading to termination of the contract by the worker. Abu Rashid emphasized the importance of employers providing workers with a service certificate upon the end of the employment contract, free of charge, detailing key information such as dates of employment, profession, and last wage amount. Employers are prohibited from including any harmful or defamatory information that could impact the worker’s reputation or future job opportunities.
The ruling by the labor circuit highlights the significance of fair treatment and adherence to labor laws in the workplace. Employers must fulfill their obligations to employees, including timely payment of wages, providing a safe working environment, and ensuring respectful and professional treatment. Employees, on the other hand, have the right to seek legal recourse if they believe their rights have been violated, such as arbitrary dismissal or mistreatment. It is crucial for both employers and employees to be aware of their rights and responsibilities under the Labor Law to maintain a harmonious and lawful working relationship.
The case of the woman employee who was unfairly dismissed serves as a reminder of the legal protections in place for workers in Saudi Arabia. The court’s ruling in her favor not only compensates her for the damages incurred but also upholds the principles of justice and fairness in employment practices. By holding employers accountable for wrongful termination and ensuring that employees receive their entitled compensation, the labor circuit sets a precedent for upholding labor rights in the country. This case also underscores the importance of seeking legal advice and representation in employment disputes to ensure that justice is served and rights are protected under the law.
In conclusion, the labor circuit’s decision to award compensation to the woman employee for her arbitrary dismissal emphasizes the importance of fair treatment and adherence to labor laws in the workplace. Employers must respect the rights of their employees, including timely payment of wages and providing a safe and respectful work environment. Employees, in turn, have the right to seek legal recourse if their rights are violated, as demonstrated by the woman’s successful lawsuit. By upholding the provisions of the Labor Law and ensuring that justice is served, the court sets a precedent for protecting labor rights and promoting fair employment practices in Saudi Arabia. It is essential for both employers and employees to be aware of their rights and obligations under the law to maintain a lawful and mutually beneficial working relationship.
