SCSLD 432/1/1634/2011

This case involved fines against an employer and employees who had be working for them although they were not the employees' official sponsor. The ruling was repealed as it had been made without the employer or their representative being present.

Background

The Labour Office filed a claim with the First Instance Authority for Settlement of Labour Disputes (FIASLD) in Riyadh against some employees and the company they worked for because they violated the provisions of Article 39 of the Labour Law by working for an employer which did not hold their sponsorship.

The FIASLD issued a ruling confirming the violation by the company and the employees and requested the company to pay 40000 Riyals and the employees to 20000 Riyals each and requested the permanent deportation of the employees.

The company filed an appeal before the SLHASLD requesting the cancelation of the ruling because it had been issued without its presence before the authority so they could not defend their interests.

Decision

The SLHASLD stated the FIASLD had issued the ruling without the presence of the company or its representative which violated the law because the company should have been present and its statements should have been documented.