Conditions for Expat worker to transfer from an Establishment without employer’s consent

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

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.

The Ministry explained eight conditions for expat worker transferring from an establishment without employer’s consent, which are as follows:

  1. Absence of a documented work contract with the current employer within three months after worker’s entry into the Kingdom.
  1. Failure of the employer to pay the worker’s salary for three consecutive months.
  2. If the employer is absent or not available, either by travel, imprisonment, death or for any other reason.
  3. If the expat worker’s work permit or iqama (residence permit) expires.
  4. If an expat lodges a complaint about employer’s involvement in business licensing fraud (tasattur), provided that the worker is not involved in tasattur.
  5. If a worker has proof that his employer is involved in people trafficking.
  6. In case of a labor dispute between the employee and the current employer, and the employer or his representative is not obligated to attend 2 sessions of litigation in one judicial degree despite being notified of the sessions dates or not attending two sessions in the friendly settlement.
  7. The approval of the current employer for the expat worker’s transfer.

 

The new reforms also apply to employers who want to recruit new expat workers and have their visa transferred, providing they fulfil four conditions.

They include an employer’s firm being eligible to obtain visas according to the Kingdom’s rules and regulations and their compliance with the Wage Protection Program regulations.

Other conditions include the employer’s compliance with regulations of the labor contract documentation and digitization program and compliance with the self-evaluation program.

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