Thursday, November 5, 2020
Eight cases in which Expatriate worker is entitled to Job Transfer without Conditions
The Ministry of Human Resources and Social Development in Saudi Arabia has identified cases in which expat worker is allowed to transfer to another employer without conditions, this comes within the framework of the Ministry’s new initiative to improve the contractual work relationship.
Expat worker can transfer without conditions in below cases :
The Ministry of Human Resources and Social Development explained the cases of expat workers transferring to another employer without conditions in only 8 cases, which are as follows:
1. The absence of a documented work contract, the deadline for documenting the contract is 3 months from the entry of the worker.
2. Failure to pay the worker's salaries for 3 continuous months. Trending : Saudi Arabia abolishes Kafala system from 14th March 2021
3. If the employer is absent or not available, either by travel, imprisonment, or death, or for any other reason.
4. If the expatriate worker's work permit or iqama (residence permit) expires.
5. In the event that the worker reports a case of a commercial cover-up against the employer, provided that he is not participating in the concealment.
6. When a case of trafficking in persons is proven against the employer. See Also : Starting December 2020, 600,000 private companies to pay salaries to their workers through Mudad platform
7. If there is a labor dispute between the employees and the current employer, and the employer or his representative is not obligated to attend 2 sessions of litigation in one judicial degree despite being notified of the sessions dates or not attending two sessions in the friendly settlement.
8. The approval of the current employer for the expat worker’s transfer.
Conditions for using the Job Transfer service :
The initiative to improve the contractual relationship obligated expatriate workers to several conditions necessary for eligibility to benefit from the service, which are:
- The worker be among the expatriate professional employment subject to the labor system. Know more : Auto monitoring on switching lanes violations on Roads of Riyadh, Jeddah and Dammam
- If the worker completes his 1st year with the current employer from his first entry into the Kingdom.
- The worker must have a reliable employment contract.
- A new job holder offers a job offer via a "strong platform".
- Providing a notification to the current employer of the request to transfer the service, taking into account the notice period.
The Ministry of Human Resources and Social Development also clarified the necessary eligibility requirements that fall on the responsibility of the new employer to request the transfer of the services of a migrant worker, which are:
- The facility must be eligible to obtain visas according to the rules and regulations.
- Commitment to the controls of the wages protection program. Read : Clarification from Jawazat on penalty after Passport expiry
- Agree by the controls of the contract documentation and digitization program.
- Commitment to the controls of the self-assessment program.
