Complaint Submission to the Labor Court in Saudi Arabia

Complaint Submission to the Labor Court in Saudi Arabia

Complaint Submission to the Labor Court in Saudi Arabia

Submitting a complaint to the Labor Court requires compliance with the legal guidelines set out by the system to ensure its acceptance for consideration. There are several legal procedures to follow in order to file a lawsuit in the Labor Court in Saudi Arabia.

In this article, we will explore all the legal details related to submitting a complaint to the Labor Court, the conditions for filing a lawsuit, its requirements, and how to draft a labor lawsuit petition as outlined by the system in the Kingdom.

How Long Does the Labor Court Take?

The labor court typically takes about 30 days to resolve a case. This is the average duration for closing a labor case, aiming to save effort and time for the litigants while achieving justice for all parties involved.

Types of Labor Disputes

Filing a complaint to the Labor Court is a right for both parties in the employment relationship, which goes through several procedures and is governed by specific rules and regulations. The types of lawsuits heard by the labor courts include:

1. Disputes governed by the Labor Law.
2. Domestic labor disputes.
3. Any complaint filed against the General Organization for Social Insurance regarding registration, subscription, or compensation claims.

For disputes related to the Labor Law, there are two main tracks:

1. Friendly Settlement Process: Before approaching the Labor Court, a complaint must be filed with the Labor Office, which tries to resolve the dispute amicably. The system allows for a 21-day period for this settlement before the case is referred to the Labor Court.

2. Labor Court: If an amicable settlement is not possible, the case is brought before the Labor Court through the submission of a labor lawsuit petition, which can also be submitted electronically via the Najiz Portal.

Filing a Lawsuit Against the Social Insurance Authority

Disputes against decisions made by the General Organization for Social Insurance related to compensation, subscription, or registration follow a three-step process:

1. Initial Request: A request is made by either the employer or employee to the relevant authority within the institution.
2. Administrative Process: The request goes through the institution's administrative channels for review.
3. Appeal: If the complaint is rejected, an appeal is filed against the decision of the Social Insurance Authority.

When Can an Employee File a Lawsuit?

An employee can file a labor lawsuit in various situations, including:

• Unjust dismissal from employment.
• Violation of the employment contract by the employer.
• Failure to pay due labor benefits such as compensation for work injuries, end-of-service benefits, or unused vacation days.
• In cases where workplace conditions are unsafe or unsuitable.

Filing a Labor Lawsuit Electronically via Najiz

A labor lawsuit can be filed easily and efficiently through the Najiz Portal. Here’s how:

1. Visit the Najiz Portal and log in.
2. Go to electronic services, and under judiciary services, select File a lawsuit.
3. Choose the main category of the lawsuit (Labor) and its subcategory (Financial Rights).
4. Add the list of plaintiffs by pressing Add and entering all required details.
5. Enter the details of the amicable settlement and contract, if applicable.
6. Specify the nature of the claim and its total amount, if any.
7. Provide the court name, workplace location, the subject of the claim, and supporting arguments.
8. Attach necessary documents and submit the request.

Documents Required to File a Labor Lawsuit

Before filing a labor lawsuit, you need to gather all the necessary documents:

1. The labor lawsuit petition outlining the details of the case as per legal provisions.
2. The employment contract or any document that proves the contractual relationship between the employer and employee.
3. Pay slips or a statement that shows the employee’s salary.
4. A record showing the failure to reach an amicable settlement.
5. Authorization if a lawyer or legal representative is acting on behalf of one of the parties.

Model Labor Lawsuit Petition

Here’s a sample of a labor lawsuit petition:

In the Name of Allah, the Most Gracious, the Most Merciful.

Labor Lawsuit Petition:

To: The Labor Court in [City Name].

Plaintiff:
Name: [Plaintiff's Full Name]
ID Number/Residence Number: [ID Number]
Address: [Plaintiff’s Address]
Phone Number: [Plaintiff’s Phone]
Email: [Plaintiff’s Email]
Nationality: [Plaintiff’s Nationality]

Defendant:
Name: [Defendant's Full Name]
Commercial Registration Number/ID Number: [ID Number]
Address: [Defendant’s Address]
Phone Number: [Defendant’s Phone Number]

Subject of the Lawsuit:
Claiming Financial Rights/Compensation for Unjust Dismissal/Claim for Other Rights.

Facts of the Lawsuit:
Provide a clear and concise summary of the facts leading to the labor dispute, ensuring to list events in a proper chronological order with accurate dates.

Requests:
Based on the above, the plaintiff respectfully requests that the defendant be ordered to pay the full amount of dues, totaling [amount in Saudi Riyals], as well as any other claims as outlined.

Attachments:

• A copy of the employment contract.
• Pay slips.
• Any relevant correspondence supporting the lawsuit.

Plaintiff’s Signature: [Signature]

Conditions for Filing a Labor Lawsuit at the Labor Office

Both employers and employees can file labor complaints with the Labor Office, provided the following conditions are met:

1. Existence of an employment relationship, such as an employment contract.
2. Legitimate interest and legal capacity of the party filing the lawsuit.
3. A request for an amicable settlement at the Labor Office before proceeding to court.
4. Submission of all evidence supporting the lawsuit.
5. The lawsuit must be filed within the statutory period of 12 months from the end of the employment relationship.

When Does the Right to File a Labor Lawsuit Expire?

The right to file a labor lawsuit expires under the following conditions:

1. The lapse of 12 months from the end of the employment relationship between the employer and employee.
2. Reaching an amicable settlement documented in a formal settlement report.
3. Waiving the right explicitly by the party entitled to file the lawsuit after receiving full compensation.

How to File a Complaint with the Labor Court in Saudi Arabia: A Complete Guide

Filing a complaint with the Labor Court requires adhering to legal procedures and conditions outlined by the system to ensure the case is accepted for review. Additionally, several legal steps are required to file a lawsuit in the Labor Court in Saudi Arabia.

In this article, we will explore the details regarding how to file a complaint with the Labor Court, the conditions for filing a lawsuit, the necessary requirements, and how to draft a labor lawsuit petition according to the system in the Kingdom of Saudi Arabia.

How Long Does the Labor Court Take?

The Labor Court typically takes an average of 30 days to resolve a case. This timeline helps save time and effort for litigants while ensuring justice is achieved promptly.

Types of Labor Disputes

Filing a complaint with the Labor Court is a right for both parties in the employment relationship. The process goes through several stages and is governed by specific rules and regulations. The types of cases handled by the Labor Courts include:

1. Disputes governed by the Labor Law.
2. Domestic labor disputes.
3. Complaints filed against the General Organization for Social Insurance regarding registration, subscription, or compensation.

For disputes related to the Labor Law, there are two primary tracks:

1. Friendly Settlement Process: Before approaching the Labor Court, a complaint must be filed with the Labor Office. This office tries to resolve the dispute amicably. According to the system, the settlement process lasts 21 days, after which the case is referred to the Labor Court.

2. Labor Court: If the amicable settlement fails, the case proceeds to the Labor Court by submitting a labor lawsuit petition, which can also be filed electronically via the Najiz Portal.

Disputes Against the General Organization for Social Insurance

Disputes concerning decisions by the General Organization for Social Insurance, such as compensation, subscription, or registration, follow a three-step process:

1. Initial Request: Either the employer or the employee files a request with the relevant authority in the institution.
2. Administrative Process: The request goes through the administrative channels for review.
3. Appeal: If the complaint is rejected, an appeal is filed against the decision of the Social Insurance Authority.

When Can an Employee File a Lawsuit?

Employees can file a labor lawsuit in various situations, including:

• Unjust dismissal from employment.
• Violation of the employment contract by the employer.
• Failure to receive labor entitlements, such as compensation for work injuries, end-of-service benefits, or unused vacation days.
• In cases where workplace conditions are unsuitable or unsafe.

Filing a Labor Lawsuit Electronically via Najiz

You can easily file a labor lawsuit electronically through the Najiz Portal. Here are the steps:

1. Visit the Najiz Portal and log in.
2. Go to Electronic Services, then select Judiciary Services, followed by File a Lawsuit.
3. Choose the main category (Labor) and subcategory (Financial Rights).
4. Add the list of plaintiffs by clicking Add and entering all required information.
5. Enter details of the settlement process and the contract if applicable.
6. Specify the nature of the claim, including any financial amounts involved.
7. Provide the court name, workplace location, subject of the claim, and supporting arguments.
8. Attach necessary documents and submit the request.

Documents Required for Filing a Labor Lawsuit

Before filing a labor lawsuit, you need to gather the necessary documents:

1. The labor lawsuit petition, detailing the case as per legal provisions.
2. The employment contract or any document proving the contractual relationship between the employer and employee.
3. Pay slips or a statement showing the employee's salary.
4. A record showing the failure to reach an amicable settlement.
5. Authorization if a lawyer or legal representative is acting on behalf of one of the parties.

Sample Labor Lawsuit Petition

Here’s a sample of a labor lawsuit petition:

In the Name of Allah, the Most Gracious, the Most Merciful.

Labor Lawsuit Petition:

To: The Labor Court in [City Name].

Plaintiff:
Name: [Plaintiff's Full Name]
ID Number/Residence Number: [ID Number]
Address: [Plaintiff’s Address]
Phone Number: [Plaintiff’s Phone]
Email: [Plaintiff’s Email]
Nationality: [Plaintiff’s Nationality]

Defendant:
Name: [Defendant's Full Name]
Commercial Registration Number/ID Number: [ID Number]
Address: [Defendant’s Address]
Phone Number: [Defendant’s Phone Number]

Subject of the Lawsuit:
Claiming Financial Rights/Compensation for Unjust Dismissal/Claim for Other Rights.

Facts of the Lawsuit:
Provide a clear and concise summary of the facts leading to the labor dispute, ensuring to list events in a proper chronological order with accurate dates.

Requests:
Based on the above, the plaintiff respectfully requests that the defendant be ordered to pay the full amount of dues, totaling [amount in Saudi Riyals], as well as any other claims as outlined.

Attachments:

• A copy of the employment contract.
• Pay slips.
• Any relevant correspondence supporting the lawsuit.

Plaintiff’s Signature: [Signature]

Conditions for Filing a Labor Lawsuit at the Labor Office

Both employers and employees can file labor complaints with the Labor Office, provided the following conditions are met:

1. Existence of an employment relationship, such as an employment contract.
2. Legitimate interest and legal capacity of the party filing the lawsuit.
3. A request for an amicable settlement at the Labor Office before proceeding to court.
4. Submission of all evidence supporting the lawsuit.
5. The lawsuit must be filed within the statutory period of 12 months from the end of the employment relationship.

When Does the Right to File a Labor Lawsuit Expire?

The right to file a labor lawsuit expires under the following conditions:

1. The lapse of 12 months from the end of the employment relationship between the employer and employee.
2. Reaching an amicable settlement documented in a formal settlement report.
3. Waiving the right explicitly by the party entitled to file the lawsuit after receiving full compensation.

Conclusion:

This article has covered the essential steps for submitting a complaint to the Labor Court in Saudi Arabia. If you're an employee or employer, following the correct procedures and fulfilling the required legal criteria will ensure your case is heard efficiently. We recommend seeking advice from a labor lawyer with extensive experience in labor disputes for tailored legal guidance.