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In case of any dispute between an employee and an employer, the employee has a right to file an online complaint/case to the Labor Courts in Saudi Arabia.
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.
- Delay in Salaries.
Setting Huroob during labor case
It is always better to transfer your Iqama before filing the case in the labor court. Be noted that employers cannot set huroob to employees in the following cases;
- Expat employee has filed a labor case against the employer.
- Expat’s Iqama or work permit has expired.
- Source: Saudi Gazette
Create a MOL account
In case of any dispute with the employer, you need to file an online complaint to the labor court in Saudi Arabia.
- Create a MOL account on the Ministry website.
- Open https://www.mol.gov.sa/SecureSSL/Login.aspx
- Log in to your account.
- Click on the icon just beside your name.
- Select “بوابة الافراد” from the drop-down menu.
- On the next page, select “Case Management“.
Filing an online complaint
On this page, you need to carefully fill a lengthy form to file an online complaint against your Kafeel to the labor court in Saudi Arabia.
Step 1: Plaintiff Data
The MOL system will fetch your name and Iqama number while you have to enter/select the following;
- صفة المدعي: أصيل
- اللغة الام للمدعي = Mother Tongue.
- اقرب مكتب عمل لآخر مقر عمل = The nearest labor office to your employer’s workplace.
- عامل منزلي = Domestic Worker.
- عامل = Normal Worker.
Step 2: Plaintiff Address
Now enter your address information in this way;
- منطقة = Province i.e. Makkah, Tabuk etc.
- مدينة = City.
- حى = District.
- شارع = Street.
- رقم المبنى = Building Number.
- الرمز البريدي = Postal Code.
Step 3: Defendant’s Data
On the next page, you will be required to enter the details of the employer against whom you want to file an online legal complaint or case in the labor court.
- نوع المدعي عليه: جهات غير حكومية
- اسم المنشأة: Select the Kafeel Name to file the case.
- Enter the Address of the Kafeel.
Step 4: Employment Information
At this stage of filing an online legal complaint against your in the labor court in Saudi Arabia, enter your employment information;
- نوع الأجر: Monthly = شهريا
- نوع العقد: Fixed Term Contract = محدد المدة
- الراتب الحالي: Gross Salary.
- تاريخ العقد: Date of start of the contract.
- تاريخ انتهاء العقد: Contract Expiry Date.
- ما زال على رأس العمل: Are you still on the job?
- السبب: Select the correct reason.
- تاريخ اخر يوم عمل: Last day on the Job.
Step 5: Case Details
Now you need to select the type of case you want to file against your employer/Kafeel in the labor court. Make sure to select the main and sub-categories according to the subject of the complaint.
- الفئه الرئيسية: Main Category.
- الفئة الفرعية: Sub-Category.
- Add other required details.
Step 6: Upload Documents
At this stage, you need to attach all the documents required by the Labor court portal as well as any other additional documents that can help in your case.
Step 7: Sign the Acknowledge
Before submitting the online complaint to the Saudi Labor Court, the portal would request you to sign an acknowledgment that if any of the information provided in this application is incorrect, you would be penalized by the court.
Step 8: Submit the Complaint
After signing the acknowledgment, the last step in the process is to submit the online complaint to the Saudi labor court. Within a couple of days of submitting the complaint, you will get an SMS for the first hearing in the friendly settlement court.
Friendly Settlement Court
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. In order to do that;
- Open Najiz: https://najiz.sa/applications/landing
- Click on “دخول” i.e. Log in.
- Enter Absher ID and Password.
- Select “التنفيذ” i.e. Execution.
- Click on “طلب التنفيذ” i.e. Execution Request.
- Select “تنفيذ مالي” i.e. Financial Execution.
- 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 the status of the court case
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.
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