Ofwempowerment blog reader sent me a notes through comment portion of our blog asking clarification re: air ticket.
He said: I started my work here in KSA Nov. 29 2003 and I get already 2 vacation and this is my fifth year and I file my resignation. I didn’t sign any contract except for the first contract 2yrs that I already fulfilled last 2003 end of 2005 Nov. and I just extend until now and I plan to go to Nov. 29 2008 the exact finish of my eqama and exactly 1 yr me already here since vacation last December. I inform already our personnel not renew my iqama. Then I call labor law of Al khobar then they told me that the company will pay my ticket for one way to Philippines. Just I need a big help to have a copy of that article that mention the company will shoulder of that ticket. Please can you email me as soon as possible.
There are 2 types of contract a) Specified Contract and 2) Unspecified Contract.
A labor contract concluded for a specified period shall terminate upon the expiry of its term. If both parties continue to enforce the contract thereafter (in the absence of new contract) it shall be considered renewed for an unspecified period. (Art. 75-76, NSLL).
If the contract is for an unspecified period, either party may cancel it for a valid reason, subject to giving the other party a (30) thirty day prior notice in respect of workman employed at a monthly rate. (Art. 75-76, NSLL).
With regards to your air ticket, please note that you signed a contract for 2 Years based on your letter above. I just want to make a correction, it seems that you arrived in the Kingdom Year 2001, considering that you spent 2 vacations for the past 5 Years. Am I correct?
If I am correct, your employment with the company is in unspecified period, meaning an automatic renewal of contract.
Now, Al Khobar Labor office is right, the company will provide you an air ticket back to your country of origin, only if they accept your resignation and willing to shoulder your air ticket. Please note that you are employed in unspecified contract in which you are oblige to finish the remaining year(s) of your employment with your employer to complete the 2 Years contract.
However, if your employer accept your resignation but refuse to shoulder your air ticket, then they have the right not to provide you an air ticket.
The law is silent with respect to air tickets, therefore we must be aware of the condition written about the air ticket in our contract. What the law requires is that the employer should bear the cost of air ticket on final leave at the end of the worker’s contract (exit visa).
However, it seems that you have a 2 year contract (unspecified) so it means you have still remaining 1 year to finish your contract. In this case, you must bear the cost of your ticket, if they refuse to provide it. However if you have good record with the company, maybe the company will bear the cost of your air ticket upon your request. Remember, for unspecified period of contract, either party may cancel it for a valid reason. (Chapter IV-Leaves, NSLL).
For more information please (click link ) or visit: Patnubay sa mga Mangagawang Pilipino sa Saudi Arabia and related provisions about Leaves, (click link) “New Saudi Labor Law“.