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.
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.
You may like to know about LRI- Labour Reforms InitiativeAlso Read:
- Difference Between Absent From Work & Absconding (Huroob) in Saudi Arabia
- Know About The New Rules Of Exit Re-Entry and Final Exit Visa Procedure Saudi Arabia
- How To Transfer Employees Through Qiwa In KSA | Updated | MyKSA
- What Are Huroob Types, Ban Duration And Penalties
- How To Calculate and Get End Of Service Benefits In Saudi Arabia
ASSALAMUALAIKUM, I AM ALAMIN SIKDER I JOINED MY COMPANY ON AUGUST 2019
MY JOB CONTRACT WAS 2 YEARS. (I COME WITH THE COMPANY VISA) I HAVE FINISHED MY CONTRACT.
I HAVE BEEN WORKING WITH THE COMPANY 3 YEARS AND 10 MONTHS.
I JOINED AS A LABOUR BUT NOW I AM WORKING AS A QUANTITY SURVEYOR, BUT MY WAGE IS (SALARY) STILL LABOR, THAT’S WHY I WOULD LEAVE THIS COMPANY AND JOIN ANOTHER COMPANY. MY COMPANY SAYING DON’T GIVE ME A TRANSFER TO ANOTHER COMPANY. CAN I LEAVE THE COMPANY WITHOUT COMPANY APPROVAL?
Asalamu Alaikum I’ve been working in my employer as skilled beautician since April 2018, and i don’t have a contract renew in Qiwa cause my salary is still low , I want to know if i have right to go another company even my ikama is not expired, cause im afraid to my employer to do any action i know they refuse to release me and change employer.Please answer thank you