KSA: Ang Step by Step Process sa Pag-transfer ng worker sa bagong employer

Posted By: Tasio Espiritu March 14, 2021

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Good News! Kagabi nagpalabas ang Ministry of Human Resources and Social Development ng User Guide para sa Labor Reform Initiative na mag-uumpisa ngayong araw.

Napakalinaw ng mga paliwanag sa step by step process, ng Pagtransfer ng worker sa ibang employer, sa pagkuha ng Exit-Reentry visa at sa pagkuha ng Final Exit Visa. Subalit, ito ay sa Arabic Language pa lamang.

Ang buod ng proseso sa Pag-transfer ng Worker sa bagong employer gamit ang LRI ay ganito:

  1. Ang lilipatan na employer ay mag-apply ng “Transfer a Worker” Service sa Qiwa Portal.
  2. Kung approved ng Qiwa ang application, ang worker ay makakatanggap ng Text Message (SMS) at link mula sa Qiwa para i-accept o i-reject ang job offer.
  3. Kung in-accept ng worker ang contract, ang current employer ay makakatanggap ng notice mula sa Qiwa Portal na ang kanyang worker ay lilipat na sa ibang employer pagkatapos ng 90 days.
  4. Mag-umpisa ang countdown ng 90 days.

Kaya, para sa mga nais lumipat ng employer, ang una ninyong gagawin ay maghanap ng malilipatan para makapag-apply na sa Qiwa Portal. Kung hindi pa nila alam ang proseso, ipasa ninyo itong Arabic User Guide ng Labor Reform Initiative. Ito yong link: https://hrsd.gov.sa/sites/default/files/13032021.pdf.

Katulad ng ating nasanayan, sinisikap po natin na maisalin sa English kaagad ang anumang information na nakuha natin, para mabasa kaagad at maiintindihan ng ating mga kapwa OFW, lalo na sa mga nagbabalak magtransfer.

Ipagpaumanhin po ninyo na ang una muna natin matranslate ay itong User Guide para sa Employee Mobility Service, para sa kaalaman ng mga nagnanais na makalipat sa bagong employer. Ang Step by Step process sa pagkuha ng Exit-Reentry Visa at Final Exit Visa ay sa susunod na lang natin itranslate. In Sha Allah.

(Patnubay Unofficial English Translation of Pages 4 to 12 of LRI User Guide)

Employee Mobility Service

1.1 Defining the service

It is a service that organizes job transfers for expatriates from one establishment to another in accordance with the documented contracts between the two parties and requires observance of the controls and conditions below:

1.2 Controls of using the service

Controls specific to the beneficiary establishment:

  1. The validity of work permits in the unified number establishments.
  2. The facility must be within the medium green range and above.
  3. Commitment to the wages protection program at a rate not less than 80%  for the last 3 months.
  4. Documentation of employees’ contracts at the facility by 100%.
  5. The percentage of commitment in the self-assessment program should not be less than 80%.
  6. The existence of an approved internal work regulation.

Regulations for the expatriate worker:

  1. That the worker is one of the professional workers subject to the labor system.
  2. The worker must have completed 12 months with the current employer on his first entry into the Kingdom.
  3. That the worker be on the job.
  4. The worker does not have another request to transfer the service.
  5. Commitment to the notice period in the event of the validity of the documented work contract.

The following cases are excluded from the application of service utilization controls:

  1. The absence of a notarized work contract for the worker.
  2. Failure to pay the worker’s wages for three consecutive months.
  3. Failure to issue a work permit to a worker within 90 days of entering the Kingdom.
  4. If the worker’s work or residence permit expires.
  5. The approval of the current establishment for the transfer of the worker.

1.3 Requirements for availing the service

  1. The existence of an electronic account on the “Qiwa” platform of the Ministry of Human Resources and Social Development for both the new facility and the worker.
  2. The presence of an electronic job offer via the “Qiwa” platform.

1.4 Procedures for requesting the service

The service can be implemented in four phases:

  1. The new establishment creates a job offer for a request to transfer worker service through the “Qiwa” platform.
  2. For the worker to view the job offer and select (Accept / Reject) through the “Qiwa” platform.
  3. The current establishment is notified of the worker’s transfer request.
  4. Starting the counting of the notice period.

1.5 steps to implement the service on the Qiwa platform (https://qiwa.sa/)

First: The steps for sending the job offer from the new establishment to the worker:

  1. Log in to the facility account.
  2. Selecting an “Employee Transfer” service from the electronic services.
  3. Choose “Request Transfer Services”.

4. Select “Transferring employee services from another employer”
5. Choose the facility to which the employee will be transferred

6. Enter the employee’s residency number and expiry date
7. Click on the “Add” button to choose the text to be transferred.
8. Click on the “Next” button to complete the transfer request.

9. Create an employee job offer

10. Choose the basic information for the job offer: (type – language – main evaluation type).
11. Click on the “Next” button to display the job offer.
12. Click on the “Next” button after reviewing the application.
13. Click on “Submit” after reviewing the application and agreeing to the terms and conditions of service.
Click on the Next button to review the request before sending it.
14.. You will be able to view a summary of the request to transfer an employee from another employer.
15. Select the “Submit Request” button to complete the transfer request.

16. The system will show an order confirmation message when it is successfully sent.

Second: Steps to complete the application by the worker:

1. Upon receiving the text message stating the existence of a job offer.
2. The expatriate worker logs on to the “Qiwa” platform for individuals to view the job offer.
3. Selecting the “Employee Transfer” service from the electronic services.

4. Reviewing the transfer requests and selecting the required transfer request by clicking on the “View” button.
5. Review the application and follow up the procedure, either by acceptance or rejection

6. When the worker accepts the job offer, the current establishment is notified of the job transfer request, and a period begins

Notice. At the end of the period, the employee transfer procedure will be completed.

7.  When the worker rejects the job offer, the new establishment is notified. And close the request.

1.6 -Notice period reduction service

The current facility can reduce the notice period according to the following:

1. Log in to the facility account (after the transfer request notification arrives).
2. Select the “Employee Transfer” service from the online services.
3. Choose “Requests Received”.
4. Choose to amend the end date of the contractual relationship.

5. Update the date of the end of the contractual relationship (the new date must be less than the current date).

1.7 Frequently Asked Questions

1. Will this service affect the issuance of visas for business owners?

No

2. Will the current establishment be compensated with an immediate visa when the worker moves from it before completing the contract period?

Yes, The facility will be granted an immediate visa according to the terms and conditions.

3. Is an expatriate  worker allowed an employee transfer during his first year upon first entering the kingdom?

Yes, the approval of the current establishment is required.

4. Does the job mobility service include domestic workers?

No

5. Can a worker who has a report of absence from work benefit from the job mobility service?

No

6. How is the notice period for the end of the contractual relationship calculated?

The notice period begins with the worker accepting the job offer and notifying the current facility.

7. What is the procedure if the remainder of the contract is less than the agreed upon notice period?

The shortest period is calculated.

8. Does the worker obtain a residence permit and work permit, or is the contract sufficient?

An expatriate must obtain a residency, work permit, and notarized work contract.

9. Does the expatriate worker have to pay any government fees upon approval of the job offer submitted by the new establishment?

No. The new facility will bear any fees related to the service.

Patnubay Notes: Ipagdasal po natin na lahat ng gustong mag avail ng Employee Mobility Service ay magtatagumpay sa kanilang kahilingan na makalipat sa bagong employers.

Assalamu Alaikum wa Rahmatullahi wa Barakatuh

Drafted by Abu Bakr Espiritu
for Patnubay Advocacy Group

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