The Constructive Dismissal Letter is a crucial document used when an employee in Saudi Arabia is forced to resign due to their employer's conduct or breach of contract. It is governed by the Saudi Labor Law (Royal Decree No. M/51) and should be used when an employer's actions or omissions have made the working relationship impossible to continue. This might include cases of unlawful changes to working conditions, harassment, discrimination, or failure to pay wages. The document serves multiple purposes: it formally notifies the employer of the situation, preserves the employee's legal rights, and can be used as evidence in subsequent legal proceedings before the Saudi Labor Courts. The letter must be carefully drafted to include specific details of the employer's conduct, references to relevant legal provisions, and clear documentation of previous attempts to resolve the issues.
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1. Sender Details: Full name, employee ID, position, and contact information of the employee
2. Recipient Details: Company name, relevant department, manager's name and position
3. Date: Date of the letter's composition
4. Subject Line: Clear indication that this is a Constructive Dismissal Letter
5. Opening Statement: Formal declaration of constructive dismissal and last working day
6. Background of Employment: Brief summary of employment history, including start date and position
7. Grounds for Constructive Dismissal: Detailed explanation of the circumstances that have led to the constructive dismissal claim
8. Previous Attempts at Resolution: Documentation of prior communications and attempts to resolve the issues
9. Legal Basis: Reference to relevant provisions of Saudi Labor Law supporting the claim
10. Formal Request: Clear statement of demands including end-of-service benefits and other entitlements
11. Closing Statement: Professional closing with request for response within specified timeframe
1. Health and Safety Violations: Include when constructive dismissal is based on workplace safety issues
2. Salary and Benefits History: Include when there are payment irregularities or benefits disputes
3. Discrimination Claims: Include when constructive dismissal involves discriminatory treatment
4. Workplace Harassment Details: Include when harassment or bullying is a factor in the constructive dismissal
5. Contract Breaches: Include when specific contractual terms have been violated by the employer
1. Evidence Log: Chronological list of incidents, communications, and relevant events
2. Supporting Documentation: Copies of relevant emails, memos, warnings, or other correspondence
3. Employment Contract: Copy of the original employment contract and any amendments
4. Medical Reports: If health issues are involved in the constructive dismissal claim
5. Witness Statements: Statements from colleagues or third parties supporting the claim
6. Performance Reviews: Recent performance evaluations and feedback documents
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Human Resources
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