What is procedure if my current employer do not give release from IQAMA

As a foreign worker in Saudi Arabia, your employment is managed under the sponsorship (kafala) system, and therefore, you require an iqama (residence permit) to reside in the country.

Your situation falls under Saudi Arabian Labor Law, specifically Article 40 which states that a worker’s service may not be transferred from one employer to another without his consent, to be given in writing, and after the Department of Labor has been notified of the service transfer.

Your situations can be interpreted as follows:

1. If your current employer is unwilling to transfer your iqama, and instead wants to provide a final exit, it’s within his rights to do so. Unless there is a specific agreement in the employment contract that states otherwise, your employer is not required to consent to a transfer of sponsorship.

2. The prospective new employer, however, prefers a transfer instead of issuing a fresh iqama. This is likely due to the cost and regulations imposed by the labor law - your prospective employer will not want to risk completing the tedious process of getting a visa and repeating the process of obtaining a work permit.

The law does provide some protections to workers, but it is crucial to note that in sponsor-worker relationships, an iqama transfer often requires agreement from both the current and prospective employer.

In this case, negotiation is the key. You can try to negotiate with your current employer to agree on the iqama transfer. You may offer to cover the expenses related to the transfer from your side, it may persuade your employer to agree on the transfer. If the negotiation is not successful, consult with the ministry of labor office to help mediate the situation.

Remember when dealing with such matters it is always beneficial to try and resolve issues amicably, with a focus on taking the legal route only when all other options have been exhausted.