Atayyar Legal Company

  • Al Takhassousi, An Nakheel, Riyadh 12384
  • info@al-tayyar.com.sa
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Case Study

Successful Cancellation of an Absence Report, Transfer of Sponsorship, and Recovery of Employment Entitlements for a Foreign Lawyer

Atyar Advocates and Legal Consultants represented a foreign lawyer in Saudi Arabia in a dispute arising from an absence report filed by his employer following employment-related disagreements. The report prevented the client from continuing his work and transferring his sponsorship, while unpaid salaries and end-of-service benefits remained outstanding.The legal strategy involved two coordinated proceedings: a claim before the Labour Court to establish the client’s employment entitlements and actual last working day, and a claim before the Administrative Court – Board of Grievances to challenge the validity of the absence report. Ultimately, the absence report was cancelled, the client successfully transferred his sponsorship, and he recovered his unpaid salaries and end-of-service benefits.

Quick Matter Overview

Nature of the Relationship

Employment relationship in the legal profession and legal consultancy sector

Subject of the Dispute

Absence report and employment entitlements

Principal Claims

Cancellation of the report, transfer of sponsorship, unpaid salaries, and end-of-service benefits

Judicial Forums

Labour Court and Administrative Court

Duration of Legal Work

Approximately two and a half years

Outcome

Cancellation of the absence report, transfer of sponsorship, and recovery of employment entitlements

Background of the Dispute

The dispute arose after the employer filed an absence report against the client following disagreements between the parties. The report prevented the client from continuing his work and transferring his sponsorship. His initial grievance was rejected by the labour authority due to insufficient evidence that the report was malicious.After being instructed, Atyar Advocates and Legal Consultants pursued two coordinated legal proceedings. The first was before the Labour Court to recover unpaid salaries and end-of-service benefits and establish the client’s actual final working day. The favourable judgment was then relied upon before the Administrative Court to challenge the decision validating the absence report.The Administrative Court ultimately cancelled the decision relating to the absence report. The judgment became final, the restrictions were removed, and the client was able to transfer his sponsorship.

Passport and legal documents with scales of justice and a judicial gavel, representing a labor and administrative dispute involving an absenteeism report, sponsorship transfer, and recovery of employment rights.

Nature Profession

Legal Practice & Consultancy

Subjec Dispute

Absence Report & Employment Rights

First Legal Track

Labour litigation

Second Legal Track

Administrative litigation

Nature of the Labour and Administrative Dispute

The matter focused on proving that the absence report was improperly filed, annulling the administrative decision associated with it, recovering unpaid employment entitlements, and enabling the client to transfer his sponsorship.

Reviewing employment records, confirming the final working date, and challenging the labour authority’s decision.

  • Reviewing the employment relationship and contractual arrangements.
  • Reviewing the absence report and the date on which it was filed.
  • Analysing the client’s actual last working day.
  • Reviewing the labour authority’s decision regarding the report.
  • Preparing the administrative grievance.
  • Assessing unpaid employment entitlements.
  • Preparing the Labour Court claim.
  • Claiming unpaid salaries.
  • Claiming end-of-service benefits.
  • Using the Labour Court judgment in administrative proceedings.
  • Preparing the administrative annulment claim.
  • Completing sponsorship transfer procedures after report cancellation.

Essential Elements of the Dispute

Absence Report

Challenging the report and establishing that it did not reflect the client’s actual employment status.

Employment Entitlements

Claiming unpaid salaries and end-of-service benefits.

Last Working Day

Obtaining judicial confirmation of the period during which the client remained in employment.

Administrative Decision

Challenging the decision issued by the competent labour authority concerning the validity of the report.

Transfer of Sponsorship

Removing the administrative restriction that prevented the client from transferring his services.

Jurisdictional Conflict

Resolving the question of whether the dispute relating to the absence report fell within labour or administrative jurisdiction.

Key Legal Challenges

Rejection of the Initial Grievance

The competent labour authority initially rejected the request to treat the absence report as malicious due to what it considered insufficient supporting evidence.

Overlapping Labour and Administrative Jurisdiction

The matter involved employment entitlements on one side and an administrative decision on the other, requiring proceedings before two different judicial systems.

Proving the Improper Nature of the Absence Report

It was necessary to establish not merely that the client disagreed with the report, but that he was in fact still working during the period in which the absence was alleged.

Jurisdictional Dispute

The matter encountered uncertainty regarding whether the challenge to the absence report fell within the jurisdiction of the Labour Court or the Administrative Court before the jurisdiction of the Board of Grievances was established.

Length of the Proceedings

The matter lasted approximately two and a half years due to the number of procedural stages, appeals, and jurisdictional issues.

Direct Impact on the Client’s Legal and Professional Status

The report affected the client’s ability to work and transfer sponsorship, making removal of the administrative consequences an essential part of the case strategy.

Our Legal Strategy

Establishing Employment Rights First

The first objective was to obtain a Labour Court judgment confirming the client’s employment rights and actual final working date.

Using the Labour Judgment as Judicial Evidence

The Labour Court judgment was then relied upon in the administrative proceedings to demonstrate that the client was working during the period covered by the absence report.

Separating the Two Legal Tracks

Employment entitlements were pursued independently from the action seeking annulment of the administrative decision.

Resolving the Jurisdictional Issue

The question of the competent judicial forum was pursued until jurisdiction over the absence-report dispute was established before the administrative judiciary.

Challenging the Administrative Decision

The annulment claim was supported by the Labour Court judgment and the evidence demonstrating continuation of the employment relationship.

Addressing the Consequences of the Judgment

Following cancellation of the report, the firm proceeded to address the administrative restrictions and enable the client to transfer sponsorship.

Legal Services Provided

Legal Advice

Assessing the client’s labour and administrative position and identifying the appropriate legal routes.

Legal Study

Reviewing the employment relationship, the absence report, administrative decisions, and employment entitlements.

Litigation

Representing the client before the Labour Court and Administrative Court.

Drafting Pleadings and Memoranda

Preparing statements of claim, legal submissions, objections, and supporting memoranda.

Legal Research

Analysing jurisdictional issues, absence-report regulations, and employment rights.

Follow-Up on Sponsorship Transfer

Addressing the administrative consequences of the cancelled report and facilitating transfer of sponsorship.

Legal Insight

Where an absence report is connected with a disputed employment relationship, a Labour Court judgment may become important evidence regarding the employee’s actual working status and the date on which employment ended.At the same time, the fact that a dispute arises from an employment relationship does not necessarily mean that every resulting administrative issue falls within Labour Court jurisdiction.In some cases, a separate administrative claim may be required to challenge a decision issued by a government authority.Effective management of both tracks can therefore be essential where the administrative claim depends upon a factual issue first established before the Labour Court.

Legal Value Delivered to the Client

  • Secured payment of unpaid salaries.
  • Secured end-of-service benefits.
  • Established the client’s actual final working date judicially.
  • Established the improper basis of the absence report.
  • Secured annulment of the administrative decision relating to the report.
  • Enabled the client to transfer sponsorship and restore his legal and professional status.

The Firm’s Experience in Labour and Administrative Disputes

Atyar Advocates and Legal Consultants provides legal services in matters combining employment rights with administrative decisions issued by labour-market authorities.The firm’s work includes claims for unpaid salaries and end-of-service benefits, challenges to absence reports, sponsorship-transfer matters, and representation before Labour Courts, the Board of Grievances, and authorities within the Ministry of Human Resources and Social Development.The firm also advises on foreign-worker disputes, termination of employment, jurisdictional conflicts, employment entitlements, and the administrative consequences of labour-related decisions.

Legal Team Responsible for This Matter

Dr. Turki altayyar

Prof. Dr. Turki Al-Tayyar

Founder and Managing Partner, and an expert in the judiciary, legal practice, arbitration, and university education, with more than 25 years of combined experience.

Mr. Salem Saad Al-Dosari

Partner specialising in administrative contracts, investment, and litigation, with extensive experience in administrative and commercial cases.

Practice Areas Related to This Matter

Need Legal Support in an Absence Report or Employment Dispute?

If you are facing an absence report, a sponsorship-transfer dispute, unpaid salaries, an end-of-service claim, or a decision issued by a labour authority or the Ministry of Human Resources and Social Development, Atyar Advocates and Legal Consultants provides legal advice, specialist studies, litigation, drafting of pleadings and memoranda, and representation before Labour and Administrative Courts and competent authorities.

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شركة الطيار للمحاماة والاستشارات القانونية

بيانات الاتصال

  • شارع التخصصي، النخيل، الرياض 12384
  • 3132 شارع الأمير تركي، الكورنيش، 6309, الخبر
  • Info@al-tayyar.com.sa
  • 00966555398969

مجالات الممارسة

القانون التجاري والشركات

صياغة العقود والوثائق القانونية

القانون المالي والمصرفي

الضرائب والزكاة والجمارك

العقارات والملكية الخاصة

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