• The Company may terminate the service of employee without compensation in accordance with the provisions of company disciplinary rules in the cases of serious offence and based on article 80 of the Saudi Labor of Law. 4.1.3 – Medical Condition• The decision to terminate the contract of employment on medical grounds will only be taken based on the recommendation of The Company’s approved Physician or government approved medical center, according to the Saudi Labor Law. This recommendation should be stated in an official medical report, based on article 79 of the Saudi Labor of Law.• The Company must extend every effort to find a suitable alternative employment elsewhere within the Company.• An employee terminated for medical reasons should receive his end of service benefits.• Permanent disability and medical unfitness should be confirmed by medical report issued by competent physician approved by the company.
4.1.3.1 – Death of employee• The service of diseased employee ends by his death.• All dues belonging to diseased employee should be delivered to his legal heirs.1. Upon employee death, his service shall be deemed expired as of death date.
2. Any the Company employee who dies during his employment (death caused by non-work factor and not because of committing suicide) will still have his last salary paid for the month of their death; in addition to three months Gross Salary which will be also be paid at the same time to financially support his nominated beneficiary as stated by the employee in the employee file upon joining. If the employee did not specify a nominated beneficiary, the financial aid will be paid to his dependents (employee’s spouse and/or children) as per the approval of HR Manager after consulting the legal advisor/lawyer. However, if none of the above is available, it will be considered part of the employee end of service benefits. This amount cannot be deducted from or withheld for any amounts due to the Company from the employee. 3. In case the employee did not have any immediate family in KSA, the Company will pay for his KSA based friend or colleague to accompany his remains back to the deceased employee’s home country or The Company will offer to bring and accommodate immediate family member for up to one week to accompany the deceased employee back to their country of origin.
4.1.4 – Redundancy• Circumstances may arise where the Company is no longer able to provide employment for employee (shut down of divisions/branches, downsizing or cost cutting plans), based on article 74 of the Saudi Labor of Law.• Every effort will be made to find a suitable alternative job for the employee within the Company. Where it is not possible, The Company will have no other option but to terminate the employment contract for redundancy reasons.
• An employee may be declared redundant for any of the above-mentioned reasons considering his legal notice and end of service benefits.4.1.
5 – Termination by Government• An employee’s service ends in case when the local authorities cancelled his work or resident permit, declined to renew these permits, or in case of deportation.• An employee deported by the authorities should receive his final dues in accordance with the labor law; unless the authority decision was made, to the contrary due to committing an act that affects honesty and honor.4.
1.5 – End of Contract• Service of an employee with specified term contract ends upon the expiry of the contract (unless the contract is renewed as agreed by both parties), or when either party gives a notice of his intention to terminate the contract before the expiry date• Upon concluding the employment contract, both the Company and the employee should specify the notice period for termination.• When either party intends to terminate the employment contract before the expiry date, the following should be taken into consideration:o The notice should be in writingo The noticed should be delivered within the specified period as stated in the contracto The notice should be delivered in place of work and the recipient should sign to that effect stating date of receipto In case, the terminated person declines signing receipt the notice, the signature of his superior and two witnesses suffice1. Any employee on a contract of defined duration must receive official notification of contract expiration 3 months in advance; otherwise, the contract will be automatically renewed. Termination 2.
Employment may be terminated “with cause” for a variety of reasons including, but not limited to: damaging the Company’s’ reputation, poor performance record (as defined by Performance Management policy), unresolved disciplinary issues and misrepresentation of credentials or by decision of the investigation and disciplinary committee. 3. The following list describes Gross Misconduct that will lead to immediate termination with cause and will be without notice and notice payments. This list is not exhaustive; the investigation committee may add additional causes that can be construed as Gross misconduct: A) Employee is sentenced to three months imprisonment or more or convicted in dishonesty or trust breaching crime, in which case his service shall be terminated from date of final judgmentB) Observed as being under the influence or use of illicit substances/alcohol/drugs during the company working hours or the company grounds C) Any criminal activity on the company grounds D) Violent or abusive behavior against the company employee(s) or patient(s) in THE COMPANY care E) Any practice which is seen as unethical and in conflict with the company Organizational Code of Conduct or Islamic laws or serious violations to KSA laws Redundancy 4.
Due to changes in business needs, market forces, organizational or departmental priorities or a restructuring exercise; certain positions, departments or entire Facilities may become obsolete and may lead to end of employment at the company. Administrative decree should be issued by facility CEO to make such action official and effective.4.1.6 – Retirement• The Company’s normal retirement age is 60 years with the possibility of granting pre-retirement at the age of 55. In certain rare cases, retirement age could be extended to the age of 65, only if the CEO/MD finds that the services of retiree are needed, and the Company was unable to provide the substitute.• All dues belonging to retiring employee should be paid as per the normal end of service procedures and as per the Saudi Labor of Law.
