After the announcement of cancelation of the new Kafal system from mid march 2021, expats are curious to know more detail about transferring their jobs to the new employer’s. In this regards The Ministry of Human Resources and Social Development has announced the 8 (eight) conditions for any expat to transfer the job without their current employer’s consent. Under these eligibility the expat workers can transfer their job without having a permission from their employer’s.
These new conditions are the part of the ministry’s plan to abolish the Kafala (sponsorship system) for expats working in Saudi Arabia.
The ministry also mentioned that the transfer service does not incur any extra fees other than what is in effect at present and that it will not affect the status of issued visas, which will be in compliance with the process that is currently in force.
Ministry of Human Resources and Social Development Launches Labor Reforms for Private Sector Workers. pic.twitter.com/5Xw4hvHeqt
— وزارة الموارد البشرية والتنمية الاجتماعية (@HRSD_SA) November 4, 2020
Conditions for expatriate workers to change job without employer’s consent
Following are the 8 eight conditions for expat workers eligibility to benefit from the job transfer without employer’s consent:
- Absence of a documented work contract with the current employer within (3) three months of a worker’s arrival in the Kingdom.
- If an employer fails to pay the worker’s wages for (3) three consecutive months.
- In case of the employer’s absence because of travel, imprisonment, death or any other reason.
- Expiry of worker’s residency permit or work permit.
- If an expat lodges a complaint about employer’s involvement in business licensing fraud (tasattur), provided that the worker is not involved in tasattur.
- If a worker has evidence that his employer is involved in human trafficking.
- If there is a labor dispute between a worker and his 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
- If the current employer has mentioned that he wants the worker to leave.