KSA: FAQ tungkol sa bagong proseso ng pagkuha ng Exit-Reentry Visa, Final Exit Visa at paglipat sa ibang amo na ipapatupad sa Marso 14, 2021

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Noong October 21, 2020 – nag-anunsiyo ang Ministry of Human Resources and Social Development (MHRSD) ng Saudi Arabia na sa 2021 ay i-aabolish na ang Kafala System.

November 4, 2020 – Nilinaw ng MHRSD na ang sinabing abolishment of Kafala System ay (1.) pagkakaroon ng Initiative to Enhance the Contractual Relationship between the workers of private sectors and their employers/companies kung saan napaloob ang mechanism sa pagkuha ng worker ng Exit/Re-Entry Visa, Final Exit Visa o ang paglipat ng worker sa ibang employer/company. (2.) Walang mangyayaring ammendment sa Labor Law, Social Insurance Law, at Cooperative Health Insurance Law. (3.) Hindi kasama sa nasabing initiative ang mga nagtratrabaho bilang domestic workers, private drivers, home guards, shepherds and gardeners o farmers. (4.) Ang implementation ng Initiative to Enhance the Contractual Relationship ay sa March 14, 2021

Nasa baba po ang ating translation sa FAQ ng MHRSD tungkol sa kanilang ginawang Initiative to Enhance the Contractual Relationship. Isusunod din natin (mamaya o bukas) ang translation sa detalye ng proseso sa pagkuha ng Exit- Reentry Visa, Final Exit Visa at sa paglipat ng worker sa ibang Employer.

General Questions:
The Initiative to Improve the Contractual Relationship

What is the initiative to improve the contractual relationship?

It is one of the national transformation initiatives developed in partnership with the Ministry of Interior and the National Information Center and with the support of several other government agencies. And after holding many meetings with the private sector and the Council of Saudi Chambers, and based on studies and research that included international best practices in this field.

Why is the initiative launched today?

The Ministry is always working to develop its systems and regulations to take into account the developments and changes in the labor market, including the decisions issued concerned with protecting wages, documenting contracts, and promoting principles of occupational health and safety.

What are the goals that the initiative seeks to achieve?

  • Protecting the rights of the parties to the contractual relationship.

Increasing the flexibility, efficiency and competitiveness of the labor market

Raise the attractiveness of the labor market and align it with international best practices and the Saudi labor system

  • Enhancing the role of the work contract documented as a contractual reference in the labor relationship

Does the initiative include all private sector contractors?

The initiative includes all expatriate workers with the private sector.

What is the initiative’s role in achieving the goals of the 2030 Vision “National Transformation” program?

The initiative will have a major role in enhancing the flexibility and development of the labor market, raising the productivity of the private sector, in addition to raising the rates of Emiratisation, providing additional channels for employment, and stimulating enterprises to attract the best talent.

What are the services of the initiative to improve the contractual relationship?

Career mobility service for workers lying between establishments, exit – reentry and final exit visa services.

When will these services be implemented?

On March 14, 2021

What is the job mobility service?

It is a service that allows a migrant worker to transfer to another employer upon the termination of his work contract without the need for the employer’s approval, and determines the transfer mechanisms during the validity of the contract, provided that the notice period and the specified controls are adhered to.

Are there conditions required to benefit from the career mobility service?

Yes, there are a number of eligibility requirements for both the worker and the new employer. And if they do, they can take advantage of this service.

What are the conditions for eligibility for a worker to benefit from the job mobility service?

1- He shall be among the expatriate professional employment subject to the labor system.

2 – That the expatriate worker has spent 12 months with the current employer since entering the Kingdom.

3- The existence of a notarized work contract.

4- To submit an electronic notification to the employer of the request to transfer the service 90 days before the transfer or when he wants to terminate the contractual relationship.

Are there eligibility requirements for the new employer to request the transfer of the services of a migrant worker?

1- Satisfying the conditions of recruitment.

2- Commitment to the Wages Protection Program.

3- Commitment to the establishment’s employee contract documentation program.

4- Self-evaluation program for the facility.

Does the worker have the right to request the transfer of his services before the lapse of 12 months of coming to the Kingdom for the first time to work for the current establishment?

A worker cannot transfer services before the lapse of 12 months after coming to work for the first time in the Kingdom at the current facility, but the initiative provided for exceptions to transfer the worker’s services.

What are the procedures for moving during the first year in exceptional cases?

Provide the worker with evidence that the exceptions apply to him; In addition to a job offer submitted by the new employer through the Qiwa platform of the ministry. With the new employer meeting the eligibility requirements, they are no exception.

Does the worker have the right to move before the contract period is completed after the first year of his first entry into the Kingdom?

Yes, he is entitled to move. With adherence to the penal condition stipulated in the contract, provided that it does not violate the work system. And to adhere to the notice period specified by 90 days

If the worker wants to move after completing the contract period?

He may move and the penalty clause does not apply to him in this case.

In the event of the second contract and the subsequent contracts, does the worker have the right to move during the first year of the contract?

Yes, he is entitled to move with the application of the eligibility conditions for the worker and the new employer. In this case, the penalty clause applies to him as stipulated in the contract as well as the agreed upon notice period

Is the worker entitled to transfer to another employer before the end of the contract period?

Yes, he is entitled to move with the application of the eligibility conditions for the worker and the new employer. In this case, the penalty clause applies to him as stipulated in the contract as well as the agreed upon notice period

What is the procedure for implementing a job mobility service request?

The new facility submits a service request via the Ministry’s Qiwa platform.

What services does the initiative provide?

1- Job mobility service
2- Exit and return service
3- Final checkout service

What is the exit and return service?

It is a service that allows the worker to submit an exit and return request during the validity of the work contract automatically through the Absher platform.

What is the final exit service?

It is a service that allows the worker to request a final exit during the validity of the work contract or after the end of the contract automatically through the Absher platform.

What is the current employment situation after the launch of the initiative?

Current expatriate workers can benefit from all the services of the initiative if the service requirements are met on them.

How to benefit from the exit and return services; And the final exit?

It is via the Absher platform.

How can we benefit from the job mobility service for migrant workers between establishments?

It is via Qiwa platform.

Does the initiative include all facilities?

Yes

Does the initiative include all company sizes?

Yes

Will it be necessary to change the compensatory visa policy?

No.

How do you decide to protect workers’ rights?

The initiative to improve the contractual relationship is based on preserving the rights of the parties to the labor relationship documented in the work contract documented according to the contract documentation program only. The labor courts are competent to settle labor disputes in accordance with the provisions of the employment contract.

What are the target groups to get the initiative?

The category of foreign workers in private sector establishments.

Can the competition clause be activated in the work contract?

Yes; As stipulated in Article 83 of the Saudi Labor Law.

What are the penalties for breaching the contract by the worker or the employer?

The notarized work contract specifies the obligations and rights of the two parties and the procedures for breaching them in accordance with the labor law.

What is the mechanism for compensating the employer for the fees that have been paid in the event that the lost worker requests to transfer to another employer while the work permit is valid?

There will be a mechanism that takes into account that the current employer does not bear any fees for the periods following the worker’s transfer to another facility.

Does a migrant worker have to pay any government fees (work permit – residence – service fee) when requesting a transfer?

No. The facility benefiting from transferring its services to it shall bear any fees related to the transfer process.

Does the cancellation of absenteeism pass with the new system (improving the contractual relationship)?

One of the desired results of this initiative is to reduce absenteeism. There is no change to the existing mechanisms for absenteeism reports.

Who shall bear the recruitment fees after examining the contractual relationship?

As is currently the case, the employer shall bear the recruitment fees.

Are there fees for transferring worker service from one establishment to another in the new system?

Yes, as it is currently in force, and there is no amendment to the procedures currently followed in transferring the service from a pedestrian
The other.

What is the penalty clause for the worker?

According to what is stipulated in the work contract documented between them, subject to the provisions of Article 77 of the Labor Law

Does the initiative include domestic workers?

It does not include domestic workers

What is the status of workers who reported absenteeism before launching the initiative? Can they benefit from the initiative?

It is approved to deal with them according to the procedures currently in force.

How to obtain a visa after launching the initiative?

Via the Absher platform, the service will be available on March 14, 2021

Does the contract have a fee or is the visa fee sufficient?

There is no amendment to the procedures currently followed.

Does the worker get a residence permit or is it sufficient for the contract?

As is currently the case. The farmer must obtain a residency permit, work permit and a notarized work contract.

Will there be work licenses or contracting the contract?

Yes, a work permit and a notarized work contract are required.

Is there an amendment to the current procedures? For medical and social insurance?

There is no amendment to the procedures currently followed.

Can the profession be modified after implementing the initiative?

There is no amendment to the profession amendment procedures currently followed.

Source:

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