2nd Time Sponsorship Transfer Problem

Hi Guys,

I have a problem with my current employer in granting me a release of sponsorship. I came from Saudi Binladen (my first employer) and was transferred here in my current employer 11 months ago.  And now I just got a good salary offer from a big company here in Jeddah and after my application they sent me a demand letter.

After receiving the demand letter, I ask now my current employer for a release and told him that I got a demand letter from a new employer. Unfortunately, he refused to give me a release, and told that his company does not have a policy in releasing employees and that he has the rights to not allow my sponsorship to be transferred.

I believe, my Iqama is now transferrable since I was released by my first employer (Saudi Binladen) and has a right to be released and transferred to any employer in the Kingdom.

I will appreciate of any advise you could give me on how should I deal with this. I really want to work with a new employer.

Thanks a lot,

Since you transferred locally, yes you can get a release but only on one condition - your contract should be nearing expiry - if it is you can give the 2 months notice and ask for release. But if your contract is still valid then you need to wait until it reaches expiry to get release and if your employer refuses at the time you can approach the labor office and they will process your request.

Thank you for your reply, sir.

Is the job offer letter in english can be considered as a valid contract? Its is the only one I have with them.

And also, i want to know,having a transferrable iqama, Does he have the right to send me back to my country (giving exit visa) if he wants to even without my approval?

Thanks

Bulakenyo wrote:

Thank you for your reply, sir.

Is the job offer letter in english can be considered as a valid contract? Its is the only one I have with them.

And also, i want to know,having a transferrable iqama, Does he have the right to send me back to my country (giving exit visa) if he wants to even without my approval?

Thanks


Sponsors have the right to give or refuse release and also to give exit as per their wish without the need for the consent of employees - hence the kafala system. However, there are laws and regulations that can support you as an employee as well and if you have a limited term contract which is expiring now you can ask for a release and even if the contract is in English, this will be translated to Arabic and used as reference if needed.

Thanks again for your advices.

I just found out that any employers who fail to comply with the saudi wage protection system law is a ground to let their employees transferred to a new sponsor even without their consent. We actually receive our monthly salaries by cash and we dont have payroll accounts which is obviously a violation to this law.

I need to confirm whether employers with only 40-70 employees are also compulsary to observe this wage protection system law.

Please confirm dear friend.

Every employer is bound by this law and I dont think there is limitation on this based on number of employees, perhaps limitation can be exercised due to type of business.

Hi bro, Thanks a lot for your replies.

I called the Saudi Labor customer service, and they told me that this WPS violation of an employer is not a ground to transfer sponsorship without the current employer's consent.

The only way I just did is to call my new employer and asked them for visa if they do have for me so that I can resign and exit. They are still checking and will inform me soon.

Good Luck, as I told you before , release is given only under specific circumstances like if you are nearing your limited term contract.

Assalam Alikum

i have been working with an employer since february 2016
now my employer is in yellow category and when i visited Moi website
it was written that
(Go to a green or Platinum facility by visiting RedYellow.com.sa or by calling 920011884)
the website is not opening and the number is not working.
i read on the website that the transfer from yellow to green is only possible when the peoson has spent 6 or more than 6 years in saudi arabia.
Is it right or can we transfer without the concent of sponser?
i have already transfered to this company from one kafeel which was my first transfer.