Paano ang tamang computation sa End of Service Benefits (ESB) ng isang manggagawa sa Saudi Arabia?

Kung tutuusin, napakadaling unawain ang provision ng Saudi Labor law tungkol sa (ESB). Napakasimple lamang ang computation kaya hindi na tayo sumulat pa ng paliwanag tungkol dito noon. Pero nitong mga nakaraang araw ay may kumakalat na maling interpretasyon sa pag-calculate ng ESB na nailathala sa isang OFW website.

Kaya tayo ay naalarma dahil imbes na makatulong sa mga OFW, mas kalituhan ang itinuro ng computation ng ESB, dahil mali. Posible pang magkaroon ng basehan ang mga abusadong employer na bigyan ng maliit na halaga ng ESB ang worker kung sakaling mabasa nila (ng mga employer) ang maling computation na nalathala.

Muli ibabahagi namin ang pinakasimple at tamang computation ng ESB hango sa Saudi Labor Law.

1. Walang ESB para sa mga manggagawa (tulad nating mga OFW) kung wala pang dalawang taong pinagtrabaho sa kumpanya.

2. Para sa mga FINISHED CONTRACT, ang computation ng ESB ay:

– One half (1/2) month gross salary per year of service if nakatapos ng 2 years to 5 years.
– One (1) full month gross salary per year of service sa 6th year up to N th year

3. Kung RESIGNED at wala pang sampung taon sa serbisyo, ang computation ng ESB ay:

– One Third (1/3 month gross salary per year of service if nag-resign after 2 years to 5 years.
– 2/3 month gross salary per year of service if nag-resign after 6 years to 9 years

4. Kung NAG-RESIGN pagkatapos ng sampung taong serbisyo, ang computation ng ESB ay katulad sa computation sa FINISED CONTRACT (please see computation number 2)

Note:

– Gross Salary = Basic Salary plus allowances (housing allowance and transportation allowance)
– hindi kasama sa gross salary ang commission o anumang compensation na bahagi ng performance tulad ng bonus.

Please check the graphics (table) para lalong maunawaan kung papano mag-compute ng ESB.
(Note: Ginawa nating 1000SAR ang gross salary example para mas madali nyong maintindihan ang computation)

Maari nyo rin mabuksan ang table sa as pdf sa link na ito sa baba

Link:  https://drive.google.com/file/d/0B__Nx54o3zwaSGcyYjFyVVJjTVk/view?usp=sharing 

Ang mga sumusunod ay ang mga Provision ng Saudi Labor Law na may kaugnayan sa ESB.

Article (84):

“Upon expiration of the work relationship, the employer shall pay the workman a reward for the period of his service to be calculated on the basis of the wage of half a month for each of the first five years, and the wage of a month for each of the following years. The wage of the last month shall be considered as the basis for calculation of the reward. The workman shall be entitled to a reward for the portions of a year in proportion to the time spent on the work.”

Article 85:

If the relationship is terminated because of the resignation of the workman, the workman shall in this case be entitled to one third of the award after a service period of not less than two consecutive years and not more than five years, to two thirds if his period of service is in excess of five successive years but less than ten years and to the full award if the period of service amounts to ten or more years.

Article 86:

An exclusion to the provisions of Article 8 of this law, it may be agreed that the severance monthly rate does not incorporate all or some of the commissions, sales percentages, and similar wage components paid to the workman and which are by their nature subject to increase or decrease.26

Article 87:

To the exclusion of the provisions of Article 85, the workman shall be eligible for the full severance award if the workman leaves the work due to a force majeure beyond his control. A female workman shall likewise be entitled to the full severance award if she terminates her contract within six months from the date of her marriage or three months from the date of delivery of a child.

Article 88:

Upon termination of the workman’s service, the employer shall be required to pay his wages and settle his entitlements within a maximum period of one week from the date of the termination of the contractual relationship. If it is the workman who terminates the contract, the employer shall settle his entitlements within a period not exceeding two weeks. The employer reserves the right to deduct any receivables due on account of the work from monies due to the workman

Karagdagang kaalaman: Ayon sa Article 8 ng SAudi labor law

Any condition that violates the provisions of this law as well as any release or reconciliation involving the rights of the workman arising from this law during the currency of the employment contract, shall be null and void, except where such condition, release or reconciliation is more beneficial to the workman.

So, malinaw na hindi maaring mababawasan ang computation ng inyong ESB kahit anong contract pa or kasunduan na may ibang computation ng ESB. Ang Saudi Labor law ang dapat masunod maliban na lamang kung ang kasunduan o kontrata na mas makakabuti para sa worker.

Kailan mapo-forfeit ang ESB ng isang worker?

Article 80 of the Saudi LAborlaw states

The employer may terminate the contract without an award, advance notice or indemnity only in the following cases, and provided that he gives the workman a chance to state his reasons for objecting to the termination:

1. If, during or by reason of the work, the workman assaults the employer, the responsible manager or any of his supervisors.
2. If the workman fails to perform his essential obligations arising from the employment contract, or to obey legitimate orders, or if, in spite of written warnings, he deliberately fails to observe the instructions related to the safety of the work and workmen as may be posted by the employer in a conspicuous place.
3. If the workman is proved to have adopted a bad conduct or to have committed an act affecting integrity or honor.
4. If the workman deliberately commits any act or default with the intent to cause material loss to the employer, provided that the latter shall report the incident to the appropriate authorities within twenty-four hours from the time of
becoming aware of such occurrence.
5. If the workman resorts to forgery in order to obtain the job.24
6. If the workman is hired on probation.
7. If the workman is absent without valid reason for more than twenty days in one year or for more than ten consecutive days, provided that discharge shall be preceded by a written warning to be served by the employer to the workman if the latter is absent for ten days in the first case and for five days in the second.
8. If the workman illegally takes advantage of his position for personal gains.
9. If the workman divulged work- related industrial or commercial secrets.

Sino ang may karapatan na makatanggap ng End of Service Benefits?

Ang mga manggagawa na ang  profession o trabaho na sakop sa mga provisions ng Saudi Labor Law.

Sino ang SAKOP ng mga provisions ng Saudi Labor Law?

Article 5 of the Saudi Labor Law states

The provisions of this law shall apply to the following:

1-Each contract whereby a person undertakes to work for the account of the employer and under his management and supervision in consideration for a wage.
2-Workmen of the government and general organizations, including those involved with animal husbandry and agriculture.
3-Workmen of charitable organizations.
4-Workmen in agricultural and animal husbandry establishments which employ ten workmen and more.
5-Workmen in the agricultural establishments which process their own products.
6-Workmen who operate and repair on an on going basis the mechanical machinery necessary for agriculture.
7-The apprenticeship and training contracts with workmen other than those of the employer within the limits of the provisions set forth in this law.
8-Part time workmen within the limits related to occupational safety and health and workmen injuries and the other categories designated by the Minister.

Sino ang HINDI sakop ng mga provisions ng Saudi Labor Law?

Article 7 of the Saudi Labor Law states

The following shall be excluded from the application of this law:

1-Members of the employer’s family, namely his wife, ascendants and descendants who work in the establishment with no other employees.
2-Domestic servants and the like.
3-Sea workmen who work in vessels whose tonnage is less than 500 tons.
4-Agriculture workmen other than the categories set forth in Article 5.
5-Non Saudi workmen who are brought in to perform a specific task and for a period of not more than two months.
6-Players and coaches of sport clubs and associations.

The Ministry of Labor shall, in coordination with the competent agencies, draw up and submit to the Council of Ministers the rules applicable to domestic servants and similar categories to regulate their relationship with their employers and to define the rights and duties of each party.

Updates:  (October 25, 2015)

Good News  End of Service Award Calculator by Ministry of Labor

Ito ang ang esb calculator direkta sa ministry of labor (labor education) website. Marami kasing links ngayon tungkol sa esb calculator pero karamihan pinadaan muna sa ibang mga blogs or websites.. Itong naipost natin ay direkta na sa calculator page mismo ng ministry of labor (labor education pages) website..

Ang laboreducation.gov.sa ay proyekto ng ministry of labor para madaling maintindihan at sundin ng employer at worker ang batas paggawa ng kaharian.

https://www.laboreducation.gov.sa/en/Contracts/End-of-Service-Award-Cal-5823