Complaint Review: Saudi French Bank

I was the controller of Saudi French Bank, in 1982 I claimed my funds to leave the bank, they sent me to the prison using one police official in a civil dress when I went to the court.  I sent  many letters and faxes to them, I wrote to many ministers and the King of Saudi Arabia.  In 2008 Embassy called me and asked me to submit all the documents in arabic , I did that, again they went to sleep. The detail of the case is below:

 CASE IN THE COURT OF BOARD OF GRIEVANCES ( DIWAN-AL MAZALEM), H.E. SHEIKH
NASSIR AL-RASHED, THE PRESIDENT AND H.E. SHEIKH MANSOUR AL-MALEK, VICE PRSIDENT,
RIYADH 11138, SAUDI ARABIA. TELE: 00-966-1-402-1724/

402-4398 FAX: 966-1-403-4296

 COMPLAIN OF MOHAMMAD SIDDIQ FUDDA, EXCONTROLLER OF ALBANK          

ALSAUDI ALFRANSI, TAIF, SAUDI ARABIA.

C 1 & 2, GROUND FLOOR, HEAVEN PRIDE, FATIMA JINNAH COLONY, JAMSHED
ROAD, KARACHI. TELE/FAX :00-92-21-4921037 TEL: 00-92-21-2015969, MOBILE PHONE:
00-92-300-3644249, LUANDA ANGOLA: 00-244-923450097 and 00-244-912052833, E MAIL
KTEX2002@YAHOO.COM AND PAKTEX10@HOTMAIL.COM 

   
COMPLAIN AWAITING DECISION SINCE 1982 OF EMBEZLMENT OF END OF SERVICE BENEFITS AWARDS, SALARIES AMOUNTING TO SR. 123,000- (US.DOLL. 32,800-), SERVICE CERTIFICATE AND INHUMAN CRIME INCLUDING SENDING TO PRISON TO AVOIDE AND BLOCK JUSTICE.

 AGAINST

 ALBANK ALSAUDI ALFRANSI, HEAD OFFICE, MAATHER ROAD, P.O.BOX NO. 56006, RIYADH 1154, SAUDI ARABIA.

 
Dear Sir,

I, Mr. MOHAMMAD SIDDIQ FUDDA, former Controller of AlBank AlSaudi AlFransi, Taif Branch, Saudi Arabia, at present here in Karachi, Pakistan, requests to give notice and if necessary file the case on the above mentioned bank according to the rules and regulations to get justice.

  Contd
    
 -2-


I hereby address you as under:

That I joined AlBank AlSaudi AlFransi, former (Indosuez), on 1.4.1976 in AlKhobar and has served till December 1982.  I remained in service for more than six years and nine months.
 

2. That while I was in  AlKhobar Branch a letter dated was circulated among staff informing that Dammam Branch in being opened, therefore, staff interested in moving to Dammam may submit their applications. 
Since I was residing in Dammam with my brother working in ARAMCO along with my sister-in-law and mother, therefore, I requested the management to transfer me to Dammam branch.  I was transferred accordingly and I worked there. In this branch I worked on different seats with full satisfaction of my superiors.


ii)                 
That in Dammam branch a letter was circulated among staff that a new management DAPO (Western Province) is being
formed in Jeddah under the supervision of Mr. Garcia Ligero to open new branches in western province, therefore, staff interested in moving to these new branches may submit their applications. First branch was being opened in Medina
Munawwara and the next was in Taif.  I decided to move to Taif Branch as I was married than, and, had 2 children to
look after, in addition to that my brother decided to leave ARAMCO for good and I was suppose to keep my mother with me.  I made this decision to move to Taif so that:

I can give education to my children in a Pakistani School in Taif.  It was easy to take my old mother to Holy places of Mecca and Medina for visit.  The weather of Taif was good and health facilities were excellent.

When I submitted my request for transfer, I was asked to help and to go to Medina Munawwara for three
months to open a branch and train the staff there, I was asked to leave behind the family in Dammam and was provided with bachelor accommodation. I joined Medina Munawwara branch on 29.6.1980 as agreed for three months.

I stayed in Medina Munawwara for more than three months, I was not allowed to call my family over the
phone neither I was paid to visit my family in Dammam even though my son was sick. I was visiting Dammam by car on Thursday, a non stop drive of 12 hours and was coming back to join duty on Saturday by car again a drive of 12 hours,
just to take my son to the doctor.  I complained to the management but I was asked to sacrifice more.

 Contd

   -3-

iii)     Later I was asked to go to Taif to open a new branch as per my original request.

In Taif I trained new appointed staff and settled the branch on strong footing.  I had to work in Taif branch for 16 hours daily as the new appointed staff was quite raw handed and I had to train the staff beside look after management of the
branch.  Due to this hard work I was unable to look after my family in Taif also. I was under very much depression;
I got sick with hyper acidity problem, which caused peptic ulcer.  I remained working in the branch as it was a
new branch and shouldered the job with full responsibility.  I was under the constant observation of a
Doctor Mr. Zia Rehman of Taif General Hospital. I was kept on painkiller injections by the doctor and even was not
allowed to work late hours, but, the management of Mr. Garcia Ligero and public relations officer Mr. Ali Jumma Khatabi never paid attention in spite of my complains and kept me under pressure of work by not providing to me experienced
staff.

They were in fact taking away the staff that I trained for my branch and were again providing inexperience staff to train them and during my vacation they were trying to blame things on me. As they had certain intentions that I never agreed with them. 

iv)               
That in spite of my sickness, well known to the management as the bank paid the medical bills, I was all of a sudden forced to live Taif branch as I was transferred without my knowledge and was asked to report to DAPO management Jeddah even without knowing where I was being transferred.  I had no choice, se I went to see the Regional Manager in Jeddah who asked me to join Abha branch immediately and that too verbally. 

That I, having explained my problems and decided to resign because Mr. Garcia Ligero and Mr. Ali Jumma
Khattabi were trying to implement policies that were dangerous for the bank and I was afraid that they would involve me in corrupt practices. When I submitted the resignation they torn it apart and refused to accept, Mr. Hassan AlBakry
was also in Taif during those days.  Immediately, on 18.9.82 they issued official letter to me asking me to join Jezan Branch.
                                           
 That in spite of that I was lying ill and against advice of doctor, I reached Jezan by road and stayed in a hotel namely Hyatt Gizan on my own expense, whereas, the bank according to the past record should have arranged my conveyance expense and housing for jezan, but, nothing was done.


That I remained far from my family, I was not allowed to talk even with my family
  Contd
4

 from Medina and Jezan also on phone. I was unable to find a house for me in Jezan
and while I was in the Hotel I was taken to the Hospital for pain killer injection by  the hotel staff. 
That I informed the Regional Manager about these circumstances but unfortunately this annoyed Mr. Garcia Ligero who created further problems for me at Jezan. 

That I again asked him to consider my request as I was sick and was unable to keep my family and children alone in Taif and work as bachelor alone in Jezan with this sickness but the management forced me to do as ordered and on 3.10.82 I was warned to join properly at Jezan branch within 3 days otherwise my service would be terminated.  It is regretted that the head of the department did not consider my problems and my serious condition and in spite of all these difficulties, I joined Jezan branch.  In respect of problems/difficulties faced by me, Mr. Chivano, the Regional Manager of Riyadh and also Mr. Resca, the Regional Manager of eastern province requested Mr. Garcia Ligero to transfer me
back to Dammam branch from where I worked originally, the DAPO management dashed down all these requests.

2.     That due to misbehavior and constant insulting by Mr. Garcia Ligero, I was forced to accept illegal orders and I found it difficult to continue my job and fulfill his daily demands which were not in legal approach and I was subjected to
humiliation.  Hence, after 8 days of notice i.e. on 11.10.82 the Regional Manager terminated my services without showing any genuine
reason.

That after termination of service I requested to Regional Manager to deliver service certificate, pay my benefits and
service awards according to the laws of Kingdom of Saudi Arabia and give me some time to dispose off my car and household articles but unfortunately Mr. Garcia Ligero rejected all my applications and did not pay a single penny out of my legal credit and even expenses incurred on my
travel to Jezan.

That I was told to live Saudi Arabia and the service certificate will be provided at the airport.

That I was asked not to claim end of service benefits and awards also in return they promised to issue a no
objection certificate so that I can come back and join another bank legally.
                                                                 

That I refused all such offers and asked them to follow the laws of Saudi Arabia according to which I was suppose to get a certificate and awards.

   Contd
                                                                  
-5-               

That the Regional Management (DAPO) after discussion with other Regional Managers who respected me, decided to pay me and asked me to sign a letter in Arabic for settlement so that the amount could be paid and service certificate be issued.  I signed that Arabic letter in good faith.  Mr. Ali Jumma Khattabi asked me to come next day to collect amount and certificate, he took my driving license and delivered to me passport with exit.

As I was living in Taif and the management was in Jeddah, I stayed in Jeddah with a friend, as I was unable
to drive the car without license.  My car remained parked in front of the bank in Jeddah. 
Next day I started traveling by taxi.

That I was kept on promises of payment and was not being paid. Finally after disappointment from Regional Manager I approached labor court in Taif but I was directed to go to Jeddah labor court as the management was situated in Jeddah.  I submitted my claim to Mr. Abdullah Dehan, the legal officer of the Jeddah labor court on 28.12.1982.

That the court asked the bank for hearing on 3.1.1983.

That the Regional Manager Mr. Garcia Ligero sent Mr. Ali Jumma Khattabi and a driver along with a police officer who took the loan of SR.100,000.- from Taif branch of BSF while I was there and Mr. Hassan AlBakri was also there. The loan was given under orders directly from Mr. Garcia Ligero, Regional Manager of DAPO BSF management.

That the legal officer, Mr. Abdullah Dehan called all of them in his office and asked to pay dues to this poor man and informed them that the termination was illegal, they replied that he has already received his dues and he had signed a letter wherein it was written that all dues were settled. The legal officer Mr. Abdullah Dehan asked them to submit any written document in support of their answer proving actually that he has received cash or cheque, as this is the part of law of Saudi Arabia to prove the fact. In the bank it is well known fact that the amount does not get in or out without paper evidence, but they were unable to produce any receipt or any document to prove their claim as they were liars.

After awhile they requested the labor officer that Mr. Garcia Ligero, Regional Manager, (DAPO) of Western Provinces branches of Saudi French Bank was waiting in one of the Jeddah branch of the bank where he will settle himself the matter with me.  I was directed to accompany them and to go to Jeddah branch for receiving all my dues
from Mr. Garcia Ligero and to get the certificate.
                                                                                              
Contd 6
 -6-

 That the legal officer Mr. Abdullah Dehan, on request from the bank officials and the policeman accompanying them delivered my passport to them as the matter was considered settled.

That I lost confidence in banks management and these people including Mr. Abdullah Dehan, so I ran towards a judge who was busy hearing another case to complain about the situation, the honorable judge listened to me as the situation was bit confused, the judge after listening to me confirmed to the bank officials that QUOTE according to the law the bank is not suppose to terminate services in this situation, hence the claimant is not asking for reinstatement, he would
be paid awards, his salaries up-to-date and a service certificate be given immediately and the receipt of payment according to the law be taken from the claimant or a copy of the cheque issued to the claimant be presented. UNQUOTE. The bank officials agreed to each and every word of the honorable judge and requested that if I accompany the bank officials the matter will be settled. The honorable judge asked me to accompany them in good faith.

That instead of taking me to the branch of the bank where Mr. Garcia Ligero was available they took me in prison known as  Medina-tul-Hajjaj straight from the court on 3.1.1983.

 That my passport was delivered to the jail officials for deportation. 
That the jail officials were instructed to punish me and not to listen to me.  The prison officials did not listen to me but did not punish me either.

That it is the well-known fact that while a person is in jail in Saudi Arabia no one will listen or help him.

That I having known all the facts that I was unable to approach the court from the jail decided to pay my ticket expense and go away from the Kingdom of Saudi Arabia living behind my car parked in Jeddah, my house full of furniture worth thousands of Saudi Riyals.  Thus it was usual for the embassy staff to visit Medinat-ul-Hajjaj to sale tickets to send illegal workers back to Pakistan, so I also left Saudi Arabia with handcuffs in spite of the fact that my visas were still valid and I was not illegal.

That I was not paid a single penny of benefit and service award.  I was not paid salaries up to December 1982. I was not given the experience certificate also.  I purchased the air ticket from own pocket. My family left separately leaving behind all household articles in house of Taif, which were, later, collected partially by my brother.
                                                    
  Contd
7
  
That I who never saw a prison in my life was sent to prison as I was asking my rights according to the laws
of the Kingdom of Saudi Arabia.  I suffered hardships because I was not given the amount and was unable to find
the job because certificates were not provided.

That I wrote more than 46 letters from 1983 to 1999 during 20 years and lots of e mails to the bank
management and many letters to the ministries all over the kingdom of Saudi Arabia during this period for payment of my dues and to provide service certificate but it is regretted that up till now not a single penny has been
paid.
 
That to get the matter solved in an amicable way I wrote several letters to:
The Custodian of the two Holy Mosques, His majesty Kind Fahd Ibn Abdul Aziz Al Saud, Office of H.M. The King,
Royal Court, Riyadh, Saudi Arabia.

Mr. Abdul Rehman Jawa, The Deputy Managing Director,
AlBank AlSaudi AlFransi, Head office, Maather Road, P>JO>
Box 56006, Riyadh 1154, Saudi Arabia.

Mr. Bertrand Viriot, Managing Director, AlBank AlSaudi AlFransi, Head office, Maather 

Road, P.O. Box 56006, Riyadh
1154, Saudi Arabia.

His majesty the Crown Prince, The Deputy Prime Minister and Commander of the National Guard, His Majesty
Crown Prince Abdullah Bin Abdul Aziz Al Saud, Royal Court, Riyadh, Saudi Arabia.

H.R.H. Prince Saud Al Faisal, Minister of Foreign Affairs, Nasseriya Street, Riyadh 11124, Saudi Arabia.

Embassy of Pakistan, P.O. Box no. 94007, Riyadh 11693,Saudi Arabia.

Mr. Jamaz Al Sohaimi, DeputyGovernor, Saudi Arabian Monetary Agency, (SAMA), P.O.Box 2992, Riyadh, 11461,
Saudi Arabia.


H.E. Dr. Ali Bin Ibrahim Al Namlah, Minister of Labor and Social Affairs, Omar Bin Al Khatab Street, Riyadh
1157, Saudi Arabia.

 Diwan Al Mazalem, (Grievances Court), Marabba Naserriya Street, Riyadh 11138, Saudi Arabia.

 Contd
8
  
H.R.H. Prince Naif Bin Abdul
Aziz Al Saud, The Minister of Interior, P.O. Box 2933, Riyadh 11134, Saudi
Arabia.


H.E. Dr. Abdullah Bin Mohammed
Bin Ibrahim Al Sheikh, The Minister of Justice, University Street, Riyadh
11137, Saudi Arabia.

That after having written so many letters and e-mails during all these years only one reply from AlBank
AlSaudi AlFransi has been received in 2002 stating that the matter has been given to SAMA (Saudi Arabian Monetary Agency) and I should contact them in this matter, probably they are joking with me.

That the Embassy of Pakistan in Saudi Arabia has written three letters to the concerned bank and a copy was
sent to me, but, unfortunately, the bank has not replied a single letter.

Case Argument

That according to the banks policy of transfer of staff as evidenced in Alkhobar branch, no one was transferred by force and a letter was circulated among the staff for voluntary transfer.  Only those employees were transferred who themselves asked for it.  That is the normal practice of the bank, which was also observed in Dammam.  Whereas, in this case the management just asked to report to the management without knowing where the
staff has to go and were ordered verbally to go where ever they want.   Such practice is transfer by force.

That I was barred to go to the court by these notorious people of the bank and the justice was blocked in a country like Saudi Arabia, which is well known for justice.

That by obtaining signature on an Arabic letter cheated me.

That the bank officials cheated the honorable judge and the legal officer Mr. Abdullah Dehan by promising to take me to the Regional Manager for payment instead remanded me to the prison to avoid the process of law.

That the bank itself kept the amount for 25 years and did not pay attention to my request to clear the matter, as they believe that the person living abroad cannot do anything against them.

That I was humiliated during service and after termination.

That my wife and two small children and the mother suffered torture due to day to day my traveling from Taif to Jeddah to collect my rights which ultimately ended in harassment and prison due to inhuman activities of the bank.

                                                                                                                           
Contd 9

That I had to live my household on the mercy of others due to injustice done to me and improper and illegal actions of the bank.

That I suffered physically and mentally due to inhuman behavior of the bank and was unable to get appropriate
job because of the unavailability of service certificate.

That a police officer was used who works for minister of interior to threaten me while I was residing there in
my legal capacity and was asking for my legal rights.

 That I remained ill for more than 7 months and my financial position was very poor as I was unable to find
the job similar to previous one for lack of certificate and was unable to work for any bank. The matter deserves lenient view, I made all out efforts to get the justice done but has failed.  It took many years to find a job.

That I had to sale the house of my wife to solve my financial problems.

That I was afraid to go and claim my dues as Mr. Garcia Ligero and Mr. Ali Jumma Khatabi were strong men and had given loans to many people in higher places and I may be sent to the prison again if I go to Jeddah courts
against the bank.  I had no financial resources to hire lawyers here so I tried by writing letters and spent lot of
money but did not get any response. My personal account no. was 23/16014-001-60 was in AlBank AlSaudi AlFransi, Taif Branch and a banks account number headed 3021/00384/011/36 as provision termination bonus shows my balance was still there when I left kingdom of Saudi Arabia.

That I due to financial problems had to go to work in Africa in this old age and due to lack of communication was unable to send further letters during last four years.

And perhaps will go again to earn living.

That I have all the needed proof in this case, which can be sent to any authority that desires it.

That I am fully aware of banking operations and laws of Saudi Arabia.

That I did not go in the courts or any international forum or on computer web sites simply to avoid publicity which brings bad name to the bank and the government of Saudi Arabia, as this country is well known for justice and peace and I respect the laws. All the management i.e. Mr. Max, Mr. Monclar, Mr. Tournemere, Mr. Jeffiere, Mr. Resca, Mr. Chivano, Mr. Gaid Al Qahtani, Mr. Ali yusuf, etc were very good and honorable people of the bank.

                                                                                                                      
Contd 10

You are hereby notified to look into the matter and ask the concerned bank of your country to make the
payments along with compensation of hardships and sufferings of all these years keeping in view that the amount was kept by the bank illegally and I whould have doubled every three years if such    amount invested in any business and to punish those involved in this inhuman crime within 30 days from the receipt of this letter.

In the light of all these circumstances, it is prayed that justice may kindly be awarded to me as per
your law of justice and equity to avoid going into legal process.

It is unnecessary to say that I have all regard and prestige for the Great Country of Saudi Arabia who is not only Holy due to religious sentiment bus also due to the law, order and justice prevails under most respectful kingship of King Abdullah Bin Abdul Aziz, the Great Muslim Emperor and Khadim of Harmain Sharfain also.

May god bless him.

Yours faithfully,

Mohammad Sxxxx Fxxxx,

Ex Controller,

AlBank AlSaudi AlFransi

Taif

Dated 27-02-2008.

 THE LAW OF THE KINGDOM OF SAUDI ARABIA IN THE PRESENT CASE

ARTICLE 74

If the contract is cancelled for no valid reasons the party who is prejudiced by such cancellation shall be entitled to an indemnity to be assessed by the competent commission. 
Provided that such assessment shall take into account actual and astringent material and moral prejudice suffered by such party, in the case of the workman, such assessment shall take into account nature of the work.  The period of service, the workmans age, and the pay he was receiving.  The family burdens he shoulders.  The extent to
which his income from his new job is lower than the income from his old job.  The degree of arbitraners of the
discharge decision, the extent to which the decision effects the workmans reputation, and any other conditions and concomitant circumstances in accordance with the rules of equity and current generally accepted practice.


ARTICLE 75 Para 8

The workman discharge shall also be regarded as having no valid reason if such discharge was caused by the workmans refusal to comply with an order transferring him from his original place of work when such transfer is not based on an adequate valid reason dictated by work requirements or is such as to cause serious prejudice to the workman, in such case, the employer shall also be ordered to return the workman to his original place of work and to pay his wage arrears from the date of his discharge to the ate of his reinstatement and to consider his services as continues.


ARTICLE 75 Para 9

The workmans right to apply for a stay of execution of the decision to discharge him, shall laps if he fails to submit his application within the prescribed period of fifteen days. Without prejudice to his right to claim his other statutory rights within the one-year period prescribed in Article 13 hereof.

 AARTICLE 78
Without prejudice to the provisions pertaining to compensation for industrial injuries, the employer shall in case the contract comes to an end for any of said reasons pay the workman the full termination ward in accordance with the provisions of the law.

ARTICLE 84

Without prejudice to his right to an award for his period of service and indemnity for any prejudice that he may have sustained as if the cancellation has been initiated by the employer, workman may without advance notice leave the work before the expiration of the contract in the following
cases:

i)    If the employer calls upon the workman to perform a work which is essentially different from the nature of the work for which he has committed himself under the contract or if the employer transfers the workman from his original place of work to another place. Necessitating a change is his place of residence, which is apt to cause serious prejudice to
the workman, and has no valid reasons dictated by the nature of the work.

ARTICLE 86

In case the workmans service is terminated or comes to an end, the employer shall return to him all that he has deposited with the employer.  Moreover the e workman shall be entitles to obtain from the employer free of charge a service certificate specifying the period the workmans service and the salary and benefits he was receiving, if such certificate contains anything that may prejudice the reputation of the workman and or diminish his chances to find a job, it must state the grounds thereof.

ARTICLE 87

Where the term of a labor contract concluded for a specified period comes to an end or where the employers cancels a contract of unspecified period, the employer shall pay to the workman an award. Further more the workman shall be entitles to the service award.  If the workman is leaving the work as a result of a force measure beyond
his control.

ARTICLE 93

If the workman or employee report to work in the hours of days stipulated in the labor contract or express his readiness to perform his works during these hours and is prevented from doing so only by a cause which is ascribed to employer, the workman or employee shall be entitled to pay of the day.

ARTICLE 150

The number of actual working hours shall not exceed 8 hours a day.

ARTICLE 151

The employer shall pay the workman for additional work hours and additional wage

The management of the bank may assign the employee to any other similar job not substantially different in its nature from his original job without affecting his grade.  The bank may according to its needs transfer the employee to another place provided that this transfer does not heavily prejudice him.


ARTICLE 18-3

At the termination of his services, the employee shall be immediately paid his salary and any amount due to him.

ARTICLE 18-5

Overtime hours shall be paid maximum within three days of the date of completing the overtime, unless paid with salary, the employee may complain to management.

ARTICELE 26
 The employee should not be transferred from his original place of work to another place necessitating a change in his place of residence if such transfer is apt to cause a serious prejudice to him and is not justified by a valid reason
dictated by the nature of the work.

ARTICLE 66

 The bank should observe towards its employees the following:

i)   It should treat them with due respect showing the interest accorded to their conditions and interests and refrain from any work or deed that may affect their dignity or the religion.

ARTICLE 73

The employee whose service comes to an end may request a service certificate provided for in article 87 of labor law, which shall be given to him free of charge within maximum three days from his request:

Latest position : I was called by the vice councilor, Saudi Embassy in Karachi, Pakistan on 28th February, 2008 stating that they have received documents from Prince Saud Al Faisal, The Foreign Minister of Saudi Arabia.  I went there and was told to translate these documents in Arabic language and return to them.  When I received these papers, they took a receipt from me whereas when I returned these documents on 3.4.2008, they refused to give the receipt of documents duly translated.     

 10.04.2008 sent a notice to be bank by fax to pay within 10 days.

14.04.2008    sent a letter to the Minister of Foreign Affairs, Saudi Arabia, informing that I
have submitted the documents to the Consulate General.

14.04.2009    Sent this case to the Grievances Court, Riyadh, Saudi Arabia.