In case of any dispute between an employee and an employer, the employee has a right to file a case in the Saudi Labor Courts. In this article, we have explained the process to file a complaint against your Kafeel or company in the labor office.
In most of the cases, the labor cases in the Saudi Labor Courts are filed for the following reasons;
- End of Service Benefits.
- Unfair Termination under Article 77 of Saudi Labor Law.
- Payments for salaries.
Timing for Payment of Dues
According to article 88 of Saudi Labor Law, an employer is obliged to pay end of service benefits within;
- 1 week in case of termination.
- 2 weeks in case of resignation.
How to file a case in the Saudi Labor Court?
Friendly Settlement Department
If the company or Kafeel does not pay the settlement within the prescribed time, you need to file an online complaint to the Saudi labor court. https://najiz.sa/applications/landing
- Make sure to select the court of the city where you have been providing services.
- The friendly settlement court will decide the case within 21 days.
- If you and your employer agree on a friendly settlement, the case will be dismissed and you will receive the settlement.
- If no friendly settlement is made, the case will be referred to the labor courts.
First Instance Courts
At this step, your complaint filed to the labor office will be heard at the level of First Instance Courts.
The process at this stage is not time-bound. It may finish in the first hearing or take several months as per the complication of the case and how busy the assigned court is.
There will be several hearings and after this, the decision will be made by the labor courts.
After the decision of the labor courts, both parties have the right to appeal against it in the Appellate Courts within 30 days.
Wait for the decision from the Appellate courts.
If the payment is not made as per the court decision, you need to file a case with the enforcement or implementation courts in Saudi Arabia. You need to;
- upload all the case documents.
- Provide the IBAN number of your bank.
If the company fails to settle the amount mentioned in the judgment, the enforcement court will take the following steps one by one;
- Send a message to the employer to settle the dues.
- Publicize on a local newspaper the employer's responsibility to pay off the dues.
- Stop the Labor office services for the employer i.e. no Iqama renewal for staff.
- Freeze the settlement amount from the bank account.
- Attach the assets of the employer, sell them, and pay to the employee.
Check court case in Saudi Arabia
After the case is filed to the labor court, you should keep checking your account with the Ministry of Justice to see any new messages.
You can always check the status of the case in Saudi Arabia through this link.