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transfer of sponsorship in Saudi Arabia

Last activity 09 May 2015 by Maximilien

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cocoy

My company lost to a new contractor which i have worked for 10 years. The new company hired and transfered me under their sponsorship. Unfortunately, they finish my contract for just a year and gave me a release. Now,I am working in this new company for more than a year with a two years contract. I found a new company offering me a good salary which three times of what i am receiving now. Sadly, my present company doesn't want to release me because according to them that it is against the government rules to transfer sponsorship without completing the two years.I was wondering why I was transfered to them without completing the two years from my previous company. I have heard from other people that two years rule of tranfer sponsorship is applicable only if the employee is hired from his country. Is there anyone of you where I can get a specific rules or law regarding this kind of situation? Please I need your help. Thank you!

HRGuru

cocoy wrote:

My company lost to a new contractor which i have worked for 10 years. The new company hired and transfered me under their sponsorship. Unfortunately, they finish my contract for just a year and gave me a release. Now,I am working in this new company for more than a year with a two years contract. I found a new company offering me a good salary which three times of what i am receiving now. Sadly, my present company doesn't want to release me because according to them that it is against the government rules to transfer sponsorship without completing the two years.I was wondering why I was transfered to them without completing the two years from my previous company. I have heard from other people that two years rule of tranfer sponsorship is applicable only if the employee is hired from his country. Is there anyone of you where I can get a specific rules or law regarding this kind of situation? Please I need your help. Thank you!


2 yrs rule applies in each / any transfer from the first time / arrival onwards. This means you need to stay with each sponsor a period of two years till you leave the country for good.

Exceptions to this rule is if your sponsor is in red and you are moving to a green company or from a green to excellent category company.

But then again the odd transfer happens - of course after paying a lot.

cocoy

Thank you Sir for a good and clear explanation. that means i still have a chance. There is still an exception as you have mentioned. Godspeed!

shaikme

Its not true employee transfer is only available after two years of completion with a company (Kafeel). This rule only applicable for first time entrants to the Kingdom. The purpose of this rule is to protect the investment made by the sponsor in order to have a equal playing field (to avoid poaching).

There is an exception to this rule, if any sponsor falls into the red category under Nitakat programe, then locally transferred employee is free to move to a Nitakat-green (not ecological)employer. There is no exception has been granted for new employees within the first two years.

According to the Ministry of Labour and Interior an employee is free to transfer, when an employer fails to meet the Notakat criterion, fail to pay Zakat on time or unable to renew his permits to trade. At the same time, expat employee is free to transfer to a new employer processing through the board of grievances by requesting a transfer on the basis whereas his employer failing to meet key terms of the employment contract.

Don't let these guys to take you for a ride because the law is designed to have an upper-hand for them. Good luck.

HRGuru

shaikme wrote:

Its not true employee transfer is only available after two years of completion with a company (Kafeel). This rule only applicable for first time entrants to the Kingdom. The purpose of this rule is to protect the investment made by the sponsor in order to have a equal playing field (to avoid poaching).

There is an exception to this rule, if any sponsor falls into the red category under Nitakat programe, then locally transferred employee is free to move to a Nitakat-green (not ecological)employer. There is no exception has been granted for new employees within the first two years.

According to the Ministry of Labour and Interior an employee is free to transfer, when an employer fails to meet the Notakat criterion, fail to pay Zakat on time or unable to renew his permits to trade. At the same time, expat employee is free to transfer to a new employer processing through the board of grievances by requesting a transfer on the basis whereas his employer failing to meet key terms of the employment contract.

Don't let these guys to take you for a ride because the law is designed to have an upper-hand for them. Good luck.


Please verify and give authentic information in the forum , keeping in mind that people read your comments and some times act upon it.

Sponsorship transfer - first time or second time or nth time - requires two year gap as per rule now. A lot of other experts in this forum can endorse to that.

As for the categories and exceptions these have been discussed several times in the forum already.

faizkazi4u

Sir I am working as a programmer in my kafeels/sponsors company but i am on house driver iqama. Now as per new rules i need to transfer to my kafeels company and change my profession, but, labor department says , transfer to same kafeel is not possible. What shall i do? i have last date 3rd july?  kindly guide me

HRGuru

faizkazi4u wrote:

Sir I am working as a programmer in my kafeels/sponsors company but i am on house driver iqama. Now as per new rules i need to transfer to my kafeels company and change my profession, but, labor department says , transfer to same kafeel is not possible. What shall i do? i have last date 3rd july?  kindly guide me


You have all the information yourself, so how can we help you. You know that you have time till 3 July to change from house driver to company as graphic designer, so go for it and fast. Transfer to the same kafeel but in a different profession is possible. You need not transfer , hence but only change your profession.

totoybato

hello sir i'm working as a cook here in al khobar, i've been here for a year now and for the past months my company gave me like an installment salary... eventually, i supposed to get it every month for that is written in our contract but i'm receiving it like every 3 months. is it possible for me to transfer to another sponsor if they keep violating our agreement...

anoop t snny

I have deploma in electronics engineering but my equama profession is house driver. Is it possible to change my equama profession house driver to electronics technition under the same kafeel.

Maximilien

Hi all,

Please you should take the time to check the date before posting on topics :)

This thread here is dated 2013

We will kindly invite you to start a new topic with all your questions on the Saudi Arabia Forum for better interactions and visibility :)

Much thanks

Maximilien
Team

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