Expat Workers most asked questions about the new sponsorship changes. The Ministry of Human Resources and Social Development answered the most common questions about the contractual relationship initiative that includes all workers in the private sector, which it unveiled on 4th November 2020.
The questions were as follows:
Expat Workers most asked questions about the new sponsorship changes
What is meant by career mobility service?
The job mobility service allows a migrant worker to transfer from one employer to another upon the end of his work contract without the need for the employer’s approval. The transfer mechanisms are determined during the validity of the contract, provided that the notice period and the specified controls are adhered to.
Is the worker entitled to a career transfer before completing the contract period after the first year of his first entry into the Kingdom?
Yes, he has the right to move, while adhering to the penalty clause stipulated in the contract, provided that he does not violate the work system and adheres to the 90-day notice period.
And if the worker wants to move after the contract period is completed?
He can move and the penalty clause does not apply to him in this case.
In the event of the second contract and subsequent contracts, is the worker entitled to move during the first year of the contract?
Yes, he is entitled to move with the application of the eligibility conditions of the worker and the new employer, and in this case the penalty clause applies to him as stipulated in the contract as well as the notice period specified by 90 days.
What are the procedures for implementing a job mobility service request?
The new facility submits the service request through the Ministry’s Qiwa platform. A message is sent to the expatriate worker to acknowledge the desire to move, submit the request to the platform, and then send a notification of approval to all parties.
What are the exit, return and final exit services?
The final exit service for a migrant worker. Final exit request during the validity of the work contract or after the end of the contract automatically. The exit and return service allows the expatriate worker to raise the exit and return request during the validity of the work contract automatically in the Absher system.
Does the penalty clause apply to the worker or the employer?
As stipulated in the contract documented between them, and it is borne by the party who terminates the contract.
Are there any professions excluded from Saudi Labor Reform Initiative?
Yes, Private Drivers, Guards, Household Workers, Care Workers and Garden Keepers.
Please note every case can be different, if you are in doubt or need validation, contact HR Ministry directly.
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