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8 conditions for expat worker to transfer service without employer’s consent

DATE: 15-Nov-2020 Reported By: Saudi Gazette

RIYADH — The Ministry of Human Resources and Social Development (MHRSD) has outlined eight conditions that make an expatriate worker eligible to benefit from the job mobility service without the consent of his employer as per the landmark labor reforms announced by the ministry earlier this month.

There are five conditions under which a foreign worker can benefit from the job mobility service. An employer can benefit from the service of a new employee in the event of fulfilling four conditions.

The ministry also stated that the transfer service does not incur any additional fees other than what is in force at present and that it will not affect the status of issued visas, which will be in accordance with the mechanism that is currently in force.

Five conditions for the eligibility of an expat worker to benefit from job mobility service

1- An expatriate professional who is subject to the Kingdom’s Labor Law

2- Completion of one year of service with the current employer after first entry in the Kingdom

3- Employee would have a documented work contract.

4- Job offer submitted by the new employer through the ministry’s Qiwa portal

5- A notification to the current employer for the transfer of service request, with stating a notice period.

Four conditions for new employer to make a request for expat worker’s transfer of service

1- The employer’s firm eligible to obtain visas according to the rules and regulations

2- Compliance with the Wage Protection Program regulations

3- Compliance with regulations of the labor contract documentation and digitization program

4- Compliance with the self-evaluation program.

Eight conditions for expat worker’s eligibility to benefit from job mobility service without employer’s consent

1- Absence of a documented work contract with the current employer within three months after worker’s entry into the Kingdom

2- Failure of the employer to pay the worker’s wages for three consecutive months

3- Absence of the employer because of travel, imprisonment, death or any other reasons

4- Expiry of worker’s work permit or residency permit (iqama)

5- Worker’s lodging of complaint about involvement of employer in commercial cover-up (tasattur) provided that the worker is not involved in tasattur.

6- Worker has proof that employer is involved in trafficking in persons.

7- Labor dispute between worker and current employer, and the employer or his representative failed to attend two sessions of litigation despite being notified of the hearing dates or not attending two sessions for amicable settlement of disputes

8- Current employer’s nod to the worker’s transfer.