Category: Case Comment

Legal effect of absence of termination notice: Summary of Cassation decisions

Legal effect of absence of termination notice: Summary of Cassation decisions

 

Introduction

An employment contract irrespective of its duration may be legally terminated with notice provided one of the grounds in article 28 of the labour proclamation is present. Merely giving notice in the absence of a valid ground does not make the termination lawful. This being the case, what will be the legal effect of termination with a valid ground (Article 28) but without notice? The common understanding is that the legal effect of absence of notice of termination is only payment in lieu of notice, but does not make the termination unlawful. The cassation bench has also affirmed such common understanding in its decision. (Altabe College Vs. Seid Mohammed Cassation File Number 39580 Ginbot 18-2001 E.C.) As a result a worker will not be entitled to reinstatement or compensation and severance pay.

However, a question may be raised when one reads article 41 of the labour proclamation. Article 41 of labour proclamation No.377/96:

“Where an employer or a worker fails to comply with the requirements laid down in this Proclamation or other relevant law regarding termination, the termination shall be unlawful.” Continue reading “Legal effect of absence of termination notice: Summary of Cassation decisions”

Ethiopia condemns Saudi crackdown on workers

PressTV – Ethiopia condemns Saudi crackdown on workers.

Ethiopian Foreign Minister Tedros Adhanom has condemned Saudi Arabia for its brutal crackdown on migrant workers in the kingdom.

Saudi authorities have launched the weeklong visa crackdown on foreign workers, killing three people, including an Ethiopian national.
“This is unacceptable. We call on the Saudi government to investigate this issue seriously. We are also happy to take our citizens, who should be treated with dignity while they are there,” Adhanom said on Sunday.
Ethiopia’s top diplomat said Addis Ababa has formally complained to Riyadh and is now working to bring its citizens back home.
Saudi security forces on Saturday clashed with thousands of migrant workers protesting a new labor law.
Two people were killed and nearly 70 others injured after police opened fire to disperse protesters in the capital Riyadh. More than 500 protesters were also detained.
On Wednesday, the Ethiopian man was killed during another crackdown, prompting the Ethiopian government to announce efforts to bring home its citizens.
Riyadh has announced plans to create jobs for Saudi nationals by reducing the number of foreign workers totaling some nine million people.
Hundreds of thousands of workers have already left the kingdom amid tougher conditions for migrants.
Foreign workers cannot change jobs or leave Saudi Arabia without the permission of their sponsors, who are often Saudi companies or individuals who provide workers to businesses for profit.
Most of the sponsors take away the passports of the workers for the duration of their contract.
Human rights groups have criticized Saudi Arabia over the condition of migrant workers in the kingdom and called on Riyadh to abolish the sponsorship system for migrant workers.

Ethiopian migrant killed in Saudi crackdown

Ethiopian migrant killed in Saudi crackdown – Middle East – Al Jazeera English.

The man was trying to resist arrest, authorities say, as they pursue a crackdown on illegal workers, arresting 16,000

An Ethiopian migrant has been killed by Saudi police after he tried to flee arrest during a round-up of thousands of foreigners suspected of working illegally in the kingdom.

A statement on Wednesday by Riyadh police chief Nasser el-Qahtani said security forces killed the African migrant worker in el-Manhoufa a day earlier when he and others tried to resist arrest.

The security sweep comes after seven months of warnings by Saudi Arabia’s government, which has created a task force of 1,200 Labour Ministry officials who are combing shops, construction sites, restaurants and businesses in search of foreign workers employed without proper permits.

More than 16,000 people have already been rounded up, according to authorities.

Strict labour law

Police have also erected checkpoints to enforce the kingdom’s strict labour rules that make it almost impossible to remain in the country without official sponsorship by an employer.

Residents said most shops have been closed since the sweep began on Monday, with many of the country’s migrants avoiding the streets where they face possible arrest.

The state-backed Saudi Gazette reported on Wednesday that residents are already feeling the brunt of the everyday work the migrants provided, from ritual washings of corpses before burial to food delivery and bagging groceries.

Authorities say that since warnings were issued earlier this year, almost seven million foreigners in Saudi Arabia corrected their paperwork to accurately reflect their occupation and workplace.

The kingdom also issued more than one million final exit visas, which ban people from ever returning.

The Saudi-owned Asharq al-Awsat newspaper reported that authorities detained around 16,500 workers in the first 48 hours of the nationwide crackdown.

The newspaper quoted Saudi officials as saying that nearly half of the migrants were arrested near the southern border with Yemen.

Another 5,000 had been detained in Mecca, where some Muslims stay on illegally after pilgrimage.

Less than 1,000 were detained in the main city of Riyadh.

A resident in the poorer neighborhood of el-Manhoufa in Riyadh told the Associated Press news agency he saw police stopping people outside a mosque after prayers and arresting those who did not have the correct papers on them.