[Saudi Arabia] 8 scenarios allowing expat workers to transfer jobs

Following its new labour reforms announced in November, the Saudi Ministry of Human Resources and Social Development has set eight conditions for the eligibility of expatriate workers to transfer job without obtaining consent from their current employer, Gulf News reports.

The initiative forms part of the ministry’s plan to do away with the sponsorship (kafala) system for expatriate workers, as part of efforts to improve the contractual relationship between expatriate workers and employers, according to local media reporting.

The ministry emphasised that job transfer will not incur any additional fees beyond those already in force and that it will not affect the status of issued visas, which remain in accordance with the current mechanism in force.

The eight eligibility criteria for expatriate workers to benefit from transferring jobs without their employer’s consent are:

1. Absence of a documented work contract with the current employer within three months of the worker’s entry into the Kingdom.
2. If an employer fails to pay the worker’s wages for three successive months.
3. In the case of an employer’s absence due to travel, imprisonment, death or any other reason.
4. Expiry of worker’s work permit or residency permit (Iqama).
5. If an expatriate worker lodges a complaint about the employer’s involvement in business licensing fraud (tasattur), provided that the worker is not involved in tasattur.
6. If a worker has proof that their employer is involved in people trafficking.
7. If there is a labour dispute between a worker and their current employer, and the employer or his representative failed to attend two sessions of litigation despite being notified of the hearing dates or failing to attend two sessions for amicable settlement of disputes
8. If the current employer states their wish for the worker to leave.

The new reforms will also apply to employers who are seeking to recruit new expat workers and have their visa transferred, as long as they fulfil four conditions.

The conditions include an employer’s firm being eligible to obtain visas according to the Kingdom’s rules and regulations and the employer’s compliance with the Wage Protection Programme’s regulations. Among other conditions are the employer’s compliance with regulations of the labour contract documentation and digitisation programme and compliance with the self-evaluation programme.

Following its new labour reforms announced in November, the Saudi Ministry of Human Resources and Social Development has set eight conditions for the eligibility of expatriate workers to transfer job without obtaining consent from their current employer, Gulf News reports.

The initiative forms part of the ministry’s plan to do away with the sponsorship (kafala) system for expatriate workers, as part of efforts to improve the contractual relationship between expatriate workers and employers, according to local media reporting.

The ministry emphasised that job transfer will not incur any additional fees beyond those already in force and that it will not affect the status of issued visas, which remain in accordance with the current mechanism in force.

The eight eligibility criteria for expatriate workers to benefit from transferring jobs without their employer’s consent are:

1. Absence of a documented work contract with the current employer within three months of the worker’s entry into the Kingdom.
2. If an employer fails to pay the worker’s wages for three successive months.
3. In the case of an employer’s absence due to travel, imprisonment, death or any other reason.
4. Expiry of worker’s work permit or residency permit (Iqama).
5. If an expatriate worker lodges a complaint about the employer’s involvement in business licensing fraud (tasattur), provided that the worker is not involved in tasattur.
6. If a worker has proof that their employer is involved in people trafficking.
7. If there is a labour dispute between a worker and their current employer, and the employer or his representative failed to attend two sessions of litigation despite being notified of the hearing dates or failing to attend two sessions for amicable settlement of disputes
8. If the current employer states their wish for the worker to leave.

The new reforms will also apply to employers who are seeking to recruit new expat workers and have their visa transferred, as long as they fulfil four conditions.

The conditions include an employer’s firm being eligible to obtain visas according to the Kingdom’s rules and regulations and the employer’s compliance with the Wage Protection Programme’s regulations. Among other conditions are the employer’s compliance with regulations of the labour contract documentation and digitisation programme and compliance with the self-evaluation programme.