Sources reveal 3 Amendments amend to regulations of Saudi Labor Law to allow Expat Transfer without Employer approval
Wednesday, November 11, 2020
Sources reveal 3 Amendments amend to regulations of Saudi Labor Law to allow Expat Transfer without Employer approval
As per the sources of the Ministry of Human Resources and Social Development, the Minister, Eng. Ahmed Al-Rajhi, agreed to amend 3 paragraphs of the executive regulations of the Saudi labor law relating to the job transfer service of expatriate worker without reference to his employer, which is going to be effective from March 14, 2021.
- The amendments included amending the Paragraph 1 of Clause 2nd in Article 14 which read the following,
"A migrant worker may transfer to another employer without requiring a specific period of time in case of employer agrees, unless the controls contained in the establishments incentive program for localizing jobs (Nitaqat) stipulate otherwise". Trending : Employer's cannot able to cancel Exit Re-Entry visa issued by Expats
- Paragraph 7 of Clause 2 has also been amended in Article 14 which read as follows,
"A migrant worker may transfer to another employer upon the expiry of the documented work contract without the consent of the current employer".
- The third amendment includes adding a paragraph No. 21 to Clause Two of Article 14 which read the following,
"Subject to the provisions of Article (77) of the law, a migrant worker may transfer to another employer without requiring the approval of the current employer when the following conditions are met,
1. That he had passed 12 months from the date of entering the kingdom of Saudi Arabia. Recommend : 8 cases in which expat worker can job transfer in Saudi Arabia
2. That the worker notify the current employer not less than 90 days before the move before terminating the contractual relationship, unless the two parties agree otherwise.
- The Ministry of Human Resources and Social Development launched a initiative last week to improve the contractual relationship, which is one of the national transformation initiatives that was developed in partnership with the Ministry of Interior and the National Information Center and with the support of several other government departments. See Also : New labor reforms in Saudi Arabia from 14th March 2020
- The initiative aims to achieve 4 goals, which are protecting the rights of the parties to the contractual relationship, increasing the flexibility and effectiveness of the labor market's competitiveness, raising the attractiveness of the labor market and aligning it with the best international practices and the Saudi labor law, as well as strengthening the role of the documented work contract as a contractual reference in the labor relationship.
