SCSLD 431/1/263/2010

This case involved fines levied on an employer and employee and the transfer of sponsorship from one employer to another. A key factor in this case was that there was no fixed term employment contract and what the minutes of the reconciliation meeting showed on transferring to another employer.

Background

The Labour Office filed a case before the First Instance Authority for Settlement of Labour Disputes (FIASLD) in Nijran against an employee claiming the employee had violated the provisions of the Third and Seventh rules of Saudi Arabia Ministerial Decision No. 826/1975 and against an employee claiming that he had violated the Fourth Rule of the said decision.

The FIASLD issued a ruling (51/2008) dismissing the case. The General Prosecutor filed an appeal before the SLHASLD.

Decision

The SLHASLD stated there was no fixed term contract between the employee and the former employer and the reconciliation meeting minutes did not show the setting a condition for not returning (in order to work for another employer). The SLHASLD said also that the Prosecutor failed to provide new material that may change the ruling.

The SLHASLD issued a ruling upholding the appealed ruling.