OFWs affected by Saudization can put up fight

OVERSEAS Filipino workers (OFWs) in Saudi Arabia who are being terminated because of the Nitaqat system under the new Saudization policy can refute the grounds of their termination, the Department of Foreign Affairs (DFA) said on Tuesday. An advisory from the Philippine Embassy in Riyadh clarified that Filipino workers in the oil-rich kingdom who were affected by the Nitaqat system must seek assistance from the embassy and Philippine Overseas Labor Offices (POLOs).

“The embassy, through the POLO officers, will provide the necessary assistance to affected OFWs,” the statement said.

“The Filipino community in Saudi Arabia is (also) advised to regularly visit the Philippine Embassy website for updates on the implementation of the Nitaqat system,” it added.

The embassy reiterated that Filipinos should be wary of the grounds for their termination from work.

The new Nitaqat system requires Saudi Arabian companies to employ local rather than foreign workers.

The Saudi government had announced that the Nitaqat system will start on September 11, 2011.

Even then, companies who fail to comply with the Saudization targets (red-coded or yellow-coded companies) are given grace periods of six months and nine months from June 11, 2011 to improve their situation.

It was noted that the Nitaqat system honors existing work contracts.

The sanction for non-complying companies will be non-renewal of work permits of foreign workers, not their illegal termination.

This is the reason why the work permits of foreign workers in red-coded companies will not be renewed, and that the work permits of foreign workers in yellow-coded companies will be limited to six years.

Under the Saudi Arabian labor law, the employer can terminate a work contract if the worker assaults the employer or any of his superiors, or fails to perform his or her essential obligations or obey legitimate orders from his or her superiors.

Furthermore, termination of contract may be done if it was established that the worker committed misconduct or act of dishonesty, deliberately commited any act or default with the intent to cause material loss to the employer or resorted to forgery to obtain his or her job.

The worker’s contract may also be terminated if the worker is under probationary period, is absent without valid reason, unlawfully takes advantage of his position for personal gain and divulges work-related industrial or commercial secrets of the employer. –BERNICE CAMILLE V. BAUZON REPORTER, Manila Times