Saudi lawyers have appealed to the Ministry of Labor to speed up legal procedures and improve performance in Labor Courts, citing case files being lost and adjournments prolonging cases by up to three years. In the case of expatriates claiming unfair dismissal, according to a report in Al-Sharq Al-Awsat newspaper, some are forced to remain in the Kingdom for several years and may leave empty handed if the ruling goes against them. Lawyer Sulaiman Al-Hamad is currently representing 46 Saudis claiming unfair dismissal by their employer whose case has been adjourned until May 16. “They have no source of income at the moment,” Al-Hamad said, “a problem which has been extended by the adjournment of their hearing.” Al-Hamad blames prolonged delays on the “lack of interest from ministry employees” in addressing labor disputes. Omar Al-Sabhain, Director General of Legal Affairs at the Ministry of Labor, attributes delays to the large number of the foreign workers in the Kingdom and the comparatively few labor judges. “Many Saudis are reluctant to join the ministry as judges,” Al-Sabhain said. “We should also note that some government bodies may be implicated hearings, which also lengthens litigation.” In efforts to address the issue, Al-Sharq Al-Awsat says, the number of preliminary courts has been increased to cover the entire country. “The Minister of Labor has also ordered another circuit for the Higher Commission for the Settlement of Labor Disputes,” Al-Sabhain said. Some lawyers are calling for specific dates to be set for plaintiffs and defendants to appear before courts to enable judges to proceed in the absence of either party, saying that judges should rule against those who fail to attend without justification. Legal adviser Abdul Raheem Abu Khamseen is dismayed at what he terms the “undermining of the spirit of justice.” “Sometimes the Higher Commission for Appeal at the Ministry of Labor postpones cases for up to nine months, which affects Saudis and expatriates alike. The fate of the litigants depends on the outcome of these disputes in many cases,” Abu Khamseen said. “Some cases are postponed due to the absence of the defendant, in which case the judge usually adjourns the case for several months. Saudis and expatriates involved in cases which are adjourned with no justification whatsoever only have their fates resolved after three or four years. They are forced to remain in the Kingdom for several years with no source of income, and if they don't win their cases, they lose everything,” Abu Khamseen said. Abu Khamseen says the Higher Commission for Labor Disputes in Jeddah needs to be set up as quickly as possible and legal procedures urgently require speeding up, particularly unfair dismissal cases.
