KSA: Ang mga kondisyon at proseso para makalipat ng employer pagsapit ng Marso 14, 2021

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November 4, 2020 – Ang Ministry of Human Resources and Social Development (MHRSD) ng Kaharian ng Saudi Arabia, sa pakikipagtulungan sa Ministry of Interior at National Information Center, ay naglunsad ng inisyatiba na “Enhancing the Contractual Relationship” na isa sa mga “National Transformation Programs” ng Kaharian.

Ang nabanggit na inisyatiba ay may tatlong (3) main services:

  1. Career Mobility Service – para sa mga expat workers na gustong magpalipat ng employer.
  2. Exit-Reentry Service – para sa mga expat workers na gustong magbabakasyon sa kanilang bansa.
  3. Final Exit Service – para sa mga expat workers na gustong uuwi na sa kanilang bansa for good.

Hindi kasama sa nasabing inisyatiba ang mga nagtratrabaho bilang domestic workers, private drivers, home guards, shepherds and gardeners o farmers. Ang implementasyon ng inisyatiba na ito ay sa March 14, 2021

Una muna natin ginawan ng English translation ang Career Mobility Service – para maiintidihan ng mga kapwa natin OFW ang proseso kung sila ay gustong magpalipat ng employer. (Ang mekanismo para sa Exit-Reentry Service at Final Exit Service ay ilalathala natin sa susunod na article.)

The National Transformation Program
Initiative to Enhance the Contractual Relationship

Career Mobility Service

Allowing the job of workers (expatriates) to move between private sector establishments, as one of specific controls that take into account the rights of the parties to the contractual relationship and the terms of the contract between the employer and the expatriate worker.

Target groups

  • The Expatriate worker.
  • The Current employer
  • The New employer

The date of application of the service is March 2021

Conditions for using the Mobility Service

Eligibility conditions for a migrant worker to benefit from the service:

  1. That the worker is from among the expatriate workers subject to the work system.
  2. The worker must complete his first year with the current employer from his first entry into the Kingdom.
  3. The worker must have a notarized work contract.
  4. The presence of a job offer submitted by the new employer through a “Qiwa” platform.
  5. Provide a notice to the current employer of the request to transfer the service, taking into account the notice period.

Eligibility conditions for a new employer to request the transfer of the services of a migrant worker:

  1. The facility must be eligible to obtain visas according to the regulations.
  2. Commitment to the controls of the Wages Protection Program.
  3. Commitment to the controls of the contract documentation and digitization program.
  4. Abiding by the controls of the self-assessment program.

In special cases, a migrant worker is allowed to transfer to another employer without conditions

  1. The absence of a notarized work contract, taking into account the deadline for documenting the contract, which is 3 months from the entry of the worker.
  2. Failure to pay the worker’s wages for three consecutive months.
  3. If the employer is absent, either by travel, imprisonment, or death, or for any other reason.
  4. If the expatriate worker’s work permit or residence permit (Iqama) expires.
  5. In the event that the worker reports a case of a commercial cover-up against the employer, provided that he is not participating in the concealment.
  6. In the event that there is a labor dispute between the worker and the current employer, and the employer or his representative is not obligated to attend two sessions of litigation in one judicial degree despite being informed of the sessions ’dates or not attending two sessions in the friendly settlement.
  7. The approval of the current employer for the migrant worker’s transfer.

General Questions

1. How can an employer benefit from the career mobility service?

The new employer applies for the service through the Ministry’s Qiwa platform

2. Are there fees for career mobility service?

There are no additional fees other than what is in force at the present time

3. Will this service affect the issuance of visas to business owners?

This initiative will not affect the issued visas and will be according to the mechanism currently in force.

4. Can a foreign worker move during his first year upon entering the kingdom for the first time?

Yes; The consent of the current employer is required.

5. Are there requirements for a migrant worker if he wants to move after completing the contract period?

No

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