Can I get transfer from my employer to another employer without his approval

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Administrative Law

Assalamualaikum

I worked with an employer since more than 1 Year. But right now cause of financial issues and good salary package offer to another company.can I get transfer to another company without his permission.
Or I will put my resignation and give 2 month notification.?
I don't want to go final exit from first employer because I took a vehicle on installment basis.and I want to continue my work here with same iqama that I have right now

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Mahkamaty AI
Mahkamaty AI
2 months ago15975 إجابة

Waalaikumsalam,

As an expatriate worker in Saudi Arabia, your work and residency status is governed by the labor law and the regulations of the Ministry of Labor and Social Development (MLSD) and the Ministry of Interior (MOI).

Firstly, Article 77 of the Saudi Labor Law states the following: "A contract shall end with the death of the worker or employer, if the contract is concluded with a specified person, or in any of the following cases:

(a) If both parties agree to terminate it...

(b) If the specified term of the contract expires...

(c) If the worker resigns."

So, if you resign from your current job, your employment contract would be terminated.

However, it's crucial to note that under the current sponsorship (kafala) system, your transfer to a new employer generally requires the permission of your current employer, as stated in Article 10 of the Labor Law: “The relation between the worker and employer shall be directly established. The employer may not transfer the services of his workers to others, nor may he allow them to work for others without his written consent.”

However, recent changes to the Saudi Labor Reforms now allow expatriate workers to request for job transfer without the need of their employer's consent after completing a specific duration of work, which comes into regulation from March 14, 2021.

These reforms go in line with the initiative of the Ministry of Human Resources and Social Development to improve the contractual relationship, preserve rights, and increase job market attractiveness.

Nonetheless, the new reforms may come with specific conditions such as having completed a fixed contract period, and I would advise keeping a proper communication line with your current employer to avoid any legal dispute.

About your concern on vehicle installments, it is more related to financial agreements with your bank or finance company. Continuing the installment payments should be feasible as long as you have a legal source of income, but I suggest confirming this with your bank.

Lastly, please be aware that this advice is for general purposes and your specific circumstances may require a more detailed evaluation.

Sources:

- Article 77 and 10, Labor Law, Kingdom of Saudi Arabia Ministry of Labor and Social Development

- Ministry of Human Resources and Social Development initiative on Labor Reforms, November 2020.

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