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The rights of employers towards the worker after abolition of “Sponsorship system”

Administrative and Labor Counselor Talaat Abdel Rahim Naqro answered the inquiries, in an interview with “Previously”, saying that the initiative was issued in accordance with the Minister of Human Resources and Social Development Decision No. (51848) dated 3/19/1442 AH, that includes the amendment of some paragraphs of Article (14) of the bylaw. The implementation of the Labor Law issued by Resolution No. (70273) dated 11/4/1440 AH, and that this initiative granted the expatriate worker the right to functional mobility and enables him to issue exit, return or final exit visas, with specific controls and conditions, and that this initiative is limited to expatriate workers subject to the labor system only.

The initiative has not issued a new system, only some paragraphs of Article (14) of the executive regulations of the Labor Law have been amended and related to organizing the movement of expatriate workers between establishments for a flexible and developed labor market.”

One of the most important right of the employer under this initiative is that the employer has all the rights stipulated in the Labor Law without change, including the right of the employer to compensation pursuant to Article (77) of the Labor Law, if the worker ends the labor relationship for an illegal reason.

The initiative to improve the relationship has set some conditions in favor of the employer, including that the worker has completed 12 months with the employer and that he is still at work, and the commitment of the expatriate worker to notify the employer of his desire to transfer to another employer before the end of work contract is for a period of not less than 90 days as a minimum, and it is permissible to agree to the work contract on a notice period exceeding that.

The worker’s commitment to the notice period does not contradict the employer’s right to claim compensation stipulated in Article (77) of the Labor Law when the worker’s termination of the work contract is for no legitimate reason.

Among the other rights of the employer is the right to issue an immediate work visa, if the worker moves to others before completing the contract period according to the conditions set by the ministry, and that the period of the exit and return visa issued by the worker should not exceed 30 days only, and that the employer does not bear any fees regarding it, and in the event that the worker does not return within the specified period, he is prevented from returning to the Kingdom permanently, according to the Ministry of Human Resources, and that the employer is notified of the final exit visa ten days before the expatriate completes the procedures for issuing it.

He added, “The employer must know that there are cases in which a expatriate worker may move to another employer without requiring a notice period, including the absence of a documented work contract or the passage of more than 90 days after the worker entered the Kingdom without issuing a work permit or the expiry of work or residency permit of the worker.

The consultant advised employers to document the work contracts of the employees on the “Modad” platform, and to ensure that the work and residency permit is renewed on a regular basis, and to include the work contract a condition of non-competition in accordance with Article (83) of the Labor Law.