10.09.2011

LEGAL DUES AFTER DEATH IN SAUDI ARABIA - SAUDI LABOR LAW

My nationality is Indian.My husband died in Saudi Arabia six months ago. I did not receive any compensation or insurance until now. Please help and guide me with proper procedure guidelines. 

Please note that, you did not indicate the nature of your husband’s death. Whether it was a natural death or unnatural death or in course of employment or out of employment i.e., traffic accident, work related accident, suicide, murder, etc.  Without this information I am not able to give you exact details of compensation. 

Anyhow, apart from the compensation and insurance, you are entitled to get your deceased husband’s legal dues from his sponsor. That is specific and certain and will not change according to the nature of death. The sponsor is legally obliged to pay all pending legal dues to his employee’s legal hires after the death of his employee irrespective of the nature of death.  Legal dues are his pending salaries, unused vacation days, End Service Benefits and any pending allowances.  

(For ESB calculation, you will get half of last month salary for the first 5 years and full salary after each year. In regard to unused vacation, you will get 21 days vacation salary for the first 5 years and 30 days after 5 years. For further reading in regard to ESB, you may read my previous posting….Clickhere)

You may please note that, it is very imperative to settle the legal dues by the sponsor for the repatriation of the human remains of the deceased to his home country. In most of the cases the legal dues are settled before burial or repatriation of the human remains. In some rare cases, it may be delayed from the part of the sponsor. In these types of cases, the Embassy/Consulate is authorized to receive the dues on behalf of the legal heirs of the deceased. As soon as the dues are received, the amount is send by the Embassy in Riyadh or the Consulate General of India in Jeddah, to the district authorities through Reserve bank of India for disbursement to the legal heirs of the deceased.

If you are sure that your husband’s sponsor did not handed over aforesaid money to the concerned labor office or Indian Missions in Saudi Arabia, you may contact to the Indian Embassy/ consulate immediately. One of the practical ways is that, seek help of any Indian voluntary social workers or organizations in Saudi Arabia. With the help of them you can submit the issue in front of the Indian Embassy and Embassy officials will interfere and you will get speedy relief. Try to publish the issue in any newspapers which has an edition in Saudi Arabia bring it to the notice of Indian social organizations. 

For your convenience, contact details of Indian Missions in Saudi Arabia given below:

  • Address of Embassy of India, Riyad :
B-1 DIPLOMATIC QUARTER, PO BOX 94387 
RIYADH - 11693, SAUDI ARABIA
TELEPHONE:00-966-1-488 4144 /488 4691 /488 4692/483 4252

DEATH CASES: TEL.NOS. :00-966-1-4816348/ 4884144 EXT.109 

  • Address of Consulate General of India:
CONSULATE GENERAL OF INDIA
BUILDING OF BUGSHAN & BROTHERS,
NEXT TO AL MIRA CARPETS, SHARAFIA
DIST, MADINAH ROAD, P.O.BOX.NO.
952, JEDDAH-21421

02-652 0104/ 02-652 0112/ 02-651 7581
FAX:--02-653 3964.

Before these actions, you must ensure whether sponsor of your deceased husband handed over legal dues to concerned labor office or Indian Embassy. Because reaching these types of money to the hands of recipient may be delayed because of the long procedure from the part of Reserve Bank of India and local Civil authorities in the concerned states.