Ministry of Human Resources and Social Development (MSLD) Saudi Arabia stated 8 different conditions when an expatriate worker can switch to another company without fulfilling any requirements for the iqama transfer. As a part of the new LRI, Labour Reforms Initiatives, these circumstances are quite helpful and beneficial to the worker.
The employee doesn’t need to fulfill any job transfer requirement to switch the office if,
1– The job contract is absent or, not dually signed by the employer and the worker. Furthermore, the document is not registered digitally in the ministry’s portal within 90 days from the worker’s entry date into the Kingdom.
2- The employee registers a case against the company for a commercial cover-up. Making sure that the worker is not hiding anything (Tasattur).
3- The employer fails to pay salaries for 3 consecutive months.
4- The worker can prove that the employer is involved in human trafficking.
5– The worker and the employer have a dispute and the sponsor or his representative fails to attend 2 consecutive court hearings. In spite of the fact that he is already notified of the hearings dates.
6– If the employer willingly allows the expatriate work to transfer to other organizations.
7– The employer doesn/t renew the iqama of the worker within 3 months.
8– The kafeel / sponsor is dead, absent, outside the kingdom, or in jail for any reason.
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Condition For The Employee To Transfer
The ministry also set a condition for the worker to apply for the transfer if, he has completed 1 year on the job. And, has a documented work contract. In addition to that, the worker must be a professional as per stated in the Saudi laws.
Conditions For The New Company / Employer To Submit The Transfer Application Of The Worker
The ministry has also provided a set of rules for the new employer to start the iqama transfer procedure of the coming worker.
The new employer must submit a job offer letter to the ministry using the online portal “Qiwa”. Along with that, sending a notification about the transfer request is a must requirement. It should also state the notice period as per the previous contract.
The employer’s firm must be in the green category of nitaqat to make sure that the company is eligible to obtain work visas according to the Kingdom’s rules and regulations. It also must fulfill the criteria of the wage protection program, as well as the regulations of the contract documents digitization, and self-evaluation.
The ministry also made it clear that the transfer service does not cost more than fees 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.
