شروط تحويل القضية من مكتب العمل إلى المحكمة

منوعات
21 يونيو 2022

The case is transferred from the Labor Office to the court, when a satisfactory solution is not reached between the worker and the employer. Upon permission, the case is referred from the Labor Office to the Labor Court in order for the judge to issue his final decision on that case, as laws and regulations were enacted regarding disputes and disputes between The worker and the employer in the Saudi labor law, which serves as the official framework that counts in all labor problems, and the reference site is keen to explain how to transfer the case from the labor office to the court after the complaint period ends in the labor office and a friendly settlement has not been reached between the two parties.

Saudi labor courts

Labor courts are courts concerned with examining labor cases of various forms and types, as they are one of the branches of the courts of first instance located in all regions and governorates of the Kingdom of Saudi Arabia. By imposing disciplinary penalties on the worker by the employer, the cases brought for the imposition of penalties stipulated in the Labor Law, and the disputes resulting from dismissal from work. There are currently 7 labor courts in the Kingdom in Riyadh, Makkah Al-Mukarramah, Jeddah, Abha, Dammam, Buraidah and Madinah, in addition to the presence of 27 labor departments in the cities and governorates of the Kingdom, and 9 tripartite labor circuits in 6 courts of appeal in various regions of the Kingdom. The court specializes in many forms of labor lawsuits, which are:

  • Issues related to work contracts, wages, rights, work injuries and compensation for them.
  • Issues related to the employer imposing disciplinary sanctions on the worker, or related to the request for exemption from them.
  • Cases filed for the imposition of penalties stipulated in the Labor Law.
  • Issues arising from dismissal from work.
  • Complaints of employers and workers whose objections have not been accepted against any decision issued by any competent body in the General Organization for Social Insurance, and related to the obligation to register and contributions or compensation.
  • Cases relating to workers subject to the provisions of the Labor Law, including government workers.
  • Issues arising from the application of the labor system and the social insurance system.
  • Labor lawsuits subject to the labor law
  • Domestic labor claims.
  • Cases related to employers’ and workers’ complaints against decisions issued by the General Organization for Social Insurance regarding subscription, registration and compensation.

Transferring the case from the labor office to the court

The case is transferred from the Labor Office to the Labor Court by subjecting it to specific paths, starting with submitting the complaint at the Saudi Labor Office, after which the applicant will be given a period of 21 days from the date of submitting the complaint, in order to settle the dispute between him and the employer. If the settlement is made; The complaint is then kept between the worker and the employer. In the event of the expiry of the aforementioned specified legal period, the Saudi Labor Office gives a second deadline of 45 days from the beginning of the complaint. In the event that the amicable settlement was completed, and no result was reached, the new period shall be calculated from the date of the complaint’s end. If the disputes between the worker and the employer are not resolved and the Labor Office is unable to reach an amicable settlement between them, then the case is transferred to the Labor Court, and a case is filed so that the case will be considered and the decision taken by the competent judge.[1]

Submit a complaint at the Labor Office

The Labor Office provides the service of submitting a complaint when there is damage between the worker and the employer, as it begins by submitting an amicable settlement to resolve the disputes between the worker and the employer, but in the event that this settlement is unsuccessful, the case is directed to the labor courts, by following the following steps:

  • The mediator is contacted and the problem between you and the employer is clarified in detail.
  • A complaint form must be written and submitted to the Saudi Labor Office in an official form.
  • You must follow the complaint procedures in order for your right to be fully refunded.

Complaints tracks at the Labor Office

The complaint paths at the Labor Office are as shown below:

  • The application is submitted by the worker or the employer to the competent authorities of the General Organization for Social Insurance.
  • Then the decision issued according to the administrative hierarchy is objected to the competent system of the General Organization for Social Insurance.
  • In the event the applicant complains that the objection submitted to the General Organization for Social Insurance is not accepted,
    • The lawsuit is filed through the electronic Najiz portal, with the attached decisions issued by the competent authority on social insurance.

How to file a complaint at the Labor Office electronically

A complaint is submitted at the Labor Office by following these steps:

  • Enter the Ministry of Labor and Social Development website: “From here”.
  • Log in to the advanced account.
  • Click on the E-Services tab.
  • Choose the “Submit a Complaint” service.
  • Enter the data required by the electronic form.
  • Click on the Submit icon.
  • Thus, your complaint has been submitted to the Labor Office.

File an electronic labor case through the Najis portal 1443

Complaints can be submitted against a company through the Najis portal as follows:

  • Go to the Nagis portal “from here” directly.
  • Click on the service icon.
  • Choose to enter with a password and a message as shown in the image below.
  • Enter the username in the Absher account.
  • Write down the password.
  • Click on the login icon.
  • Perform the required verification.
  • Agree to the undertaking and then proceed.
  • From the list of claims classification, click on a job.
  • Follow the instructions to enter the required data about the claim.
  • Submit the application upon completion.

Conditions for filing a complaint against a company at the Labor Office

The Labor Office has established some conditions that must be met by the aggrieved party when submitting a complaint at the Labor Office, and these conditions are highlighted in the following:

  • The complaint must be written in detail and clearly.
  • The objection must be explained in detail in the applications submitted.
  • The steps the plaintiff has taken to resolve the issue must be explained before the complaint is submitted.
  • Signature of the person submitting the complaint and writing the full data, which are:
    • The name.
    • ID Number.
    • phone number.
    • the address.
  • Attach documents proving and confirming the validity of this complaint.
  • The presence of a copy of the identity card of the plaintiff.
  • A copy of a power of attorney must be attached; In the event that the complaint was submitted by an agent on behalf of the plaintiff.

How long does a complaint take at the labor office?

The duration of the complaint in the Labor Office is 21 days from the date of submitting the complaint, in order to settle the dispute between the worker and the employer, after which the complaint will be saved in order to reach a solution that satisfies all parties.

Inquiry about an expatriate employee, the labor office, the new way 2021

Inquiry about a labor office complaint

The Saudi Ministry of Labor and Social Development provides a unified number, 19911, that enables beneficiaries to inquire about a complaint or inquire about any transaction. A complaint can also be inquired online through the official website of the Ministry of Labor and Social Development, by following the following:

  • Entering the inquiry page at the Ministry of Labor directly “from here”.
  • Enter the required data:
    • Complaint number.
    • National Identity.
  • Click on an inquiry.
  • All information about the complaint will appear.

friendly settlement

The amicable settlement is the first stage of the consideration of labor dispute cases between the worker and the employer, in which an attempt is made to bring the views closer and conduct a mediation process to resolve the dispute and reach an amicable solution that satisfies both parties, or in case the settlement fails, the case is referred to the labor court within (21). A working day from the date of the first session.[2]

Steps to implement amicable settlement

To implement the amicable settlement at the Labor Office for the year 1443 AH, the following steps must be followed:

  • Entering the friendly settlement service directly “from here”.
  • Click on Start Service.
  • Log in by typing:
    • user name.
    • password.
    • Verification code.
  • Click on login.
  • Choose the individuals portal for the individual or the facilities portal in the case of an establishment.
  • Fill in the required information:
    • Plaintiff’s data
    • The settlement office of the lawsuit.
    • Defendant’s data.
    • work data.
    • Selection of the subject matter of the case.
    • Attach the required documents.
    • Acknowledgment of the non-deceptiveness of the case.
    • Request review.
  • Press send.
  • The application will be reviewed by specialists at the Labor Office.
  • If the claim is accepted; A text message and e-mail will be sent to all parties to the lawsuit, including the date of the first hearing.

Labor office complaint form

The complaint must be submitted by the complainant in a standardized formal format, via the Labor Office complaint form shown below:

From: …..……

to me: …..……

Date: ……/……/……

The subject of the complaint is………

Evidence and evidence: ………….

The party concerned with the complaint: ……………

Actions to be taken: ……………

Guidance by the official to whom the grievance is directed.

The name: …..……

Signature: ……….

Date:….……

The Ministry of Labor’s electronic appointment service and the link to book an appointment online

How to book an appointment for a labor office complaint

The Labor Office offers the service of booking an appointment online via its official website, and the following steps are followed:

  • Access to the Ministry of Labor website “from here”.
  • Click on the electronic services icon.
  • Choose an online appointment service.
  • Specify the reservation data, which are:
    • Branch Sector (Labour / Social Security Offices)
    • The city of the branch and the appropriate branch for it.
    • The day and period of the appointment.
  • Enter the required data, which are:
    • ID or residence number.
    • Mobile number.
  • Write the verification code.
  • Choose a reservation.
  • Enter the verification code sent by Absher.
  • The appointment will be booked.

Not attending business office sessions

In the event that the plaintiff or the defendant does not attend court sessions, or the labor office, the following will be established:

  • If the plaintiff does not attend, the case is closed, and he has the right to open it again within a period not exceeding 21 days.
  • in the event the defendant is not present; His services at the Ministry are suspended.
  • In the event of repeated failure of the defendant to appear, the services of the plaintiff shall be transferred without the consent of the employer, and the case shall be referred to the labor courts.
  • In the event of conciliation, the conciliation report is drawn up and can be printed through its lawsuits service.
  • It is possible that the application will be rejected, and the reasons for the rejection will be explained by the Labor Office through your claims service.

Labor rights of the worker in the Kingdom of Saudi Arabia

The Labor Law has established many frameworks and controls necessary to clarify the rights of workers in the Kingdom of Saudi Arabia, and these rights are as follows:

  • The worker’s working time shall not exceed 24 hours a day, or 48 hours a week.
  • No worker shall work for more than five consecutive hours without a period of rest, prayer and food of not less than half an hour at a time during the total working hours.
  • The worker must be given one day off per week.
  • Giving maternity leave to working women who are pregnant or breastfeeding.
  • Employees who have been working for two years are entitled to a paid leave of 10-15 days, to perform Hajj in case he has not performed it before.
  • Part-time employment contracts must be written and specified for their duration, with the possibility of being renewable for one time only.
  • The amounts owed to the worker or his heirs under this system are first-class privileged debts. The worker and his heirs, in order to obtain them, have a privilege over all the money of the employer. In the event of the bankruptcy of the business owner or the liquidation of his establishment.
    • An expedited amount equal to one month’s wages is paid to the worker, before any other expenses are paid, including judicial and bankruptcy or liquidation expenses.
  • The employer must establish regulations and rules to organize the work such as disciplinary penalties, annual leave, wages, and working hours.
  • The worker or employee has the right to take a leave of five consecutive days, with full pay, according to the following cases:
    • marriage.
    • The death of a parent, grandfather, son or grandson.
    • The death of the husband or wife.

Read also: How to file a complaint against a company and the conditions to be taken into account when drafting it

Does the office do justice to me?

Yes, the Labor Office does justice to you, and helps you in collecting your rights if you provide evidence of your rights, in all transparency and fairness. The Labor Office works to return the rights to their owners in the Kingdom of Saudi Arabia.

My experience with the office

One of the citizens said that the Labor Office has facilitated many procedures that a Saudi citizen can take. This is related to the resolution of complaints through the Labor Office. As one of the citizens explained, the complaints submitted are resolved within a period of about a week, and solutions are reached electronically, as the Ministry of Labor provides the submission of complaints electronically through the official website to save time and effort for the applicant. Therefore, there are many different experiences with the Labor Office, which confirm that the Labor Office resolves complaints submitted by both the worker or the employer.

The number of the labor office in Jeddah to receive inquiries is 1443

How to communicate with the labor office

The Ministry of Resources and Social Development in the Kingdom of Saudi Arabia provides many different channels of communication to communicate with its customers, the most prominent of which are the following:

  • Ministry headquarters: You can contact the ministry’s customer service by visiting the headquarters located around the Kingdom, during official working hours from Sunday to Thursday from 8 am to 2:20 pm, and you can find out about the branches “from here”.
  • The unified number: You can contact the unified number of the Ministry of Labor at the following unified number: 19911
  • Twitter platform: You can contact the customer care page through the Twitter platform: “from here”.
  • Facebook: You can communicate through the social networking site Facebook: “From here”.
  • E-mail: You can contact the following e-mail: [email protected]

Link to file a labor case through the Najis portal

You can go to the link to file a labor case through the Nagis portal directly “from here” and follow the steps we explained earlier to submit the application, and wait for a response to the applicant through the available means of communication.

Thus, we have reached the conclusion of our article in which we explained the transfer of the case from the Labor Office to the Court, and we talked about everything related to filing a complaint in the Labor Office, and we moved to talk about amicable settlement, and the steps for its implementation, and we talked about the labor rights of the worker in the Kingdom of Saudi Arabia, and we concluded with a link File a labor claim through the Najis portal for easy access to the service.

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