Court terminates sponsorship transfer contract, refers case to Public Prosecution

January 20, 2021

Saudi Gazette report

JEDDAH — The General Court in Jeddah terminated the contract between a Saudi citizen, who is a restaurant owner, and a Saudi woman over the transfer of sponsorship of a foreign worker.

The court also referred the case involving SR60,000 to the Public Prosecution to take appropriate measures for the violation of the provisions of the Law on Combating Trafficking in Persons.

The court also ordered the woman sponsor to refund the money, amounting to SR30,000, to the citizen that she had received in advance for the transfer of sponsorship of the foreign worker.

The court issued the ruling after examining the lawsuit filed by the citizen against the woman. He alleged that the woman agreed to transfer the sponsorship of the foreigner who could work in his restaurant.

According to the contract, the citizen agreed to pay SR60,000 for the transfer of sponsorship of the worker. As per the agreement, the citizen needed to pay SR30,000 in advance, and the remaining amount would be paid in installments, and the sponsorship transfer would be done after the full payment of the amount.

But after two months of working with the citizen, the foreigner left the restaurant, saying that he did so as per the directive of his woman sponsor because she did not receive the rest of the amount.

In the meantime, the execution court suspended the electronic services of the restaurant owner as it was found that the woman defendant had submitted a document issued by the citizen, the plaintiff, as a guarantee for the worker’s dues before transferring his sponsorship.

The restaurant owner sought the court’s intervention to terminate the agreement with the woman and to get back the money paid by him as he is no longer benefiting from the worker.

The court directed both parties to resolve the dispute and settle the financial dues but the court’s efforts to bring about reconciliation between ended in vain. Subsequently, the court decided to terminate the contract and refer the case to the Public Prosecution.

Meanwhile, Saleh Al-Ghamdi, a former member of the Public Prosecution, said that the crimes of trafficking in persons is considered as a criminal violation of the Human Rights Law as it robs one’s freedom and undermines his dignity.

The Saudi authorities are making continuous efforts to combat crimes of trafficking in persons based on their commitment to implementing the provisions of the Islamic Shariah that prohibit all forms of abuse of human dignity and affirm their respect and preservation of their rights.

Al-Ghamdi said that those who are convicted of these crimes will be awarded a jail term not exceeding 15 years or a maximum fine of SR1 million or both.

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