About employee transfer

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Administrative Law

I work in a transportation company for 11 months and 26 days. My employer asked me to go for an exit. I stopped my work. Now I have no option to go to any other company if the employer is not permitted to go to any other company. Kindly guide me on what I have to do in this situation.

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Mahkamaty AI
Mahkamaty AI
last month15975 إجابة

I'm sorry to hear about your predicament.

Saudi Labor Law allows employees to transfer their sponsorship to a new employer, but first let's understand the complexities of your situation.

1. **End of Contract**: According to the Saudi Labor Law, Article 74, the employment relationship ends when the employment contract ends. Since you mentioned that you have been working for 11 months and 26 days, we need to confirm if your employment contract subscribes to a fixed term. If so, your employer has the right to ask you to leave at the end of your contract. On the other hand, if your employment contract is indefinite, you need to give a 60-day written termination notice or pay a salary in lieu thereof based on Article 75.

2. **Sponsorship Transfer** (Nitaqat program rules): Employees are allowed to transfer sponsorship to a new employer, provided that they obtain approval from their current employer. If your employer does not grant you permission to transfer your sponsorship, you can refer to Saudi Labor Law, Article 13, which states that "The transfer of a worker’s service from one employer to another shall be contingent upon the employee’s written request and Minister’s consent." In this case, you may need to appeal to the Ministry of Labor for help.

3. **Exit Visa**: If you are asked to leave the country and you disagree, you can file a dispute through the Ministry of Labor. Article 77 of Labor Law allows you to submit a labor dispute if there's a disagreement between you and your employer about the termination of your employment.

Make sure you maintain a written record of all communications with your employer. If you are unable to resolve the issue with your employer, consider getting help from the Ministry of Human Resources and Social Development (formerly the Ministry of Labor).

This is not comprehensive legal advice but is a broad guideline as per the Saudi Labor Laws. Always consult the law or a legal professional to understand all your rights and obligations in full.

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