What to do if my qiwa contract is terminated but company not giving transfer/release to other employer

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Administrative Law
Please help in telling what to do when qiwa contract is terminated but company not giving transfer/release to other employer. I didn’t come on current employer visa. Now I have job offer and I can successfully complete notice period but current employer not giving transfer. I want to transfer to new employer, not go on exit.
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Mahkamaty AI
Mahkamaty AI
last month15915 إجابة

Based on the Saudi Labor Law:

1. **Article 40** - Without prejudice to the worker’s right to receive all his rights and entitlements emanating from the work relation, the worker may transfer his services to another employer in the following cases: first, if the employer consents to the transfer of his services. Secondly, if the worker is not under probation. Thirdly, If the employer fails to fulfill the contractual or statutory obligations towards the worker.

2. **Article 77** - If the contract is made for a specified period comes to an end and the employer has implicitly allowed the worker to continue work thereafter, the contract shall be considered renewed for an indefinite period.

Given the provisions stated in Article 40 and 77 of KSA Labour Laws, In case the current employer is not issuing a termination certificate even after completion of the notice period and termination of contract, the employee can file a complaint against the employer with the Ministry of Human Resources and Social Development in Saudi Arabia.

It is important to prepare all the necessary documents including your Qiwa contract termination, proof of the new job offer, and proof of completed notice period. The Ministry will then investigate the case and if found your claims to be true, they will compel your current employer to release or transfer your services to your new employer.

However, bear in mind that, in all these processes, mutual respect and adherence to the rule of law are key to resolving such issues. Thus, it's good to engage in a healthy dialogue with your employer explaining your stand based on the above laws.

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