What to do when 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
2 months ago15974 إجابة

According to the Saudi Labor Law, and as described in the Ministry of Labor and Social Development guidelines:

Article 40 of the Saudi Labor Law, stipulates the following:

"1. A non-Saudi worker shall have the right to transfer his services to another employer for a legitimate reason, and the employer may not prevent him from such transfer. The Minister shall issue a decision as to the terms and conditions to be met prior to such transfer.

2. The worker may not be transferred from his original place of work to another place that necessitates a change of his place of residence, except for a legitimate reason and after consultation with the worker. The worker shall have the right to object to his transfer before the competent Commission.

3. In all cases, the transfer of a worker’s services from one employer to another shall not result in reducing his wage or changing the type of his work in a way that is harmful to him."

Your employer should follow the rules as mentioned in Article 40. If your employer doesn't abide by these rules, you can file a complaint with the Ministry of Labor and Social Development.

Please note the following points:

1. Under Article 13 of Saudi Labor Law, you can not be forced to work for an employer against your will. You can end your work relationship at any time given that the notice period requirements have been met.

2. Before filing a complaint, make sure you have all necessary documents like your contract, termination letter, and communication proof with your employer for not granting the transfer.

3. It can take some time to resolve the issues. Hence, it is important that you inform your future employer about this issue and the process you are handling.

Also, after successfully filing a complaint, it is important to continuously follow up with the Ministry about your case.

These steps should guide you towards resolving your issue following the Saudi Labor Law and guidelines.

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