Employee Transfer

cherrylee359 wrote:

Hi..                                                                                    My contract will end on June 13,2021 and I want to transfer to another company immidiately after the end of my contract , but I think my employer will not release me.. Can I transfer to another company without my  employer approval??

No.
You can not.

Why he cannot transfer, if his contract will expire on June 13,2021?

As per LRI, we are eligible to transfer once contract will expire. Thank you.

Al0611 wrote:

Why he cannot transfer, if his contract will expire on June 13,2021?

As per LRI, we are eligible to transfer once contract will expire. Thank you.

Yes, with permission.
No one can get transfer without the permission of the current employer.

Al0611 wrote:

Why he cannot transfer, if his contract will expire on June 13,2021?

As per LRI, we are eligible to transfer once contract will expire. Thank you.

If he was recruited directly from his home country on company sponsored visa, the employer will not release them locally. Depends on his wish and approval for release.

If he was locally transferred from another sponsor or company in such cases current employer releases them as per LRI rules.

Case by case it is different,  defining rules and implementing in real life will take time.

Everything is not decorated on a fruit platter there are pros and cons.

Owwww, now i understand.. Thank you so much guys...

One more thing, If he was recruited directly from his home country on company sponsored visa, but the sponsor did not renew his iqama or no salary for 3 months, we can transfer to another employer if this situation occurs?

Al0611 wrote:

Owwww, now i understand.. Thank you so much guys...

One more thing, If he was recruited directly from his home country on company sponsored visa, but the sponsor did not renew his iqama or no salary for 3 months, we can transfer to another employer if this situation occurs?

Yes possible but still talk to your employer and settle it for local transfer and ensure he is not reporting you guys as run away or else you will then end up in problems.

In case of salary payment issue for 3 months, it can be reported to authorities but you have to involve your embassy for proper procedure.

there's a mix misunderstanding on the new rules maybe, I had read before in one forum that he got an offer with another sponsor which he accepted it immediately and he accepted in qiwa then what happens was when we refresh the system his sponsor was the new company which even him was surprised how fast and useful the new system.

anyway, as per my personal understanding, as long as you finished the first year or as long as you finished your contract with your previous company just send them email to inform then officially and ask your new company to make the request in qiwa you must have also a registered qiwa to accept the contract offer one you're done check in the system again if the transfer application approved by qiwa it's done... you have your new company...

there's nothing to loose, try it

Allain Isidro wrote:

there's a mix misunderstanding on the new rules maybe, I had read before in one forum that he got an offer with another sponsor which he accepted it immediately and he accepted in qiwa then what happens was when we refresh the system his sponsor was the new company which even him was surprised how fast and useful the new system.

anyway, as per my personal understanding, as long as you finished the first year or as long as you finished your contract with your previous company just send them email to inform then officially and ask your new company to make the request in qiwa you must have also a registered qiwa to accept the contract offer one you're done check in the system again if the transfer application approved by qiwa it's done... you have your new company...

this is exactly what i understood also. some people are insisting that the new law is just for show. the old system is still in effect. I agree in the fact that the old system is still here and it will not go anytime soon, but the new law have been implemented already. telling people that their effort will be a waste is not helping at all. opinions are respected but it needs to be in a way that it will not trigger a negative impact on the person asking.

about transfer he can Transfer Iqama without telling Employer.
but if he will tell employer maybe he they will give him all dues
new QIWA system will send you directly Request. there is no link with old employer

This is what QIWA SAID:



When employee services can be transferred without current employer approval or waiting completion of notice period?

Employee will be transferred immediately if one of the below conditions are met:

    In case there is no valid contract between the employee and his current establishment
    Employee Work Permit is expired
    Employee Iqama is expired
    In case of not receiving salary for more than 60 days.
    In case of not issuing a work permit for more than90 days from first day entry.

Let me give you an example.
My company just renewed my friend's iqama last week.
It cost the company almost 7 to 10 thousand SAR.
Now, what if my friend gets a new job and wants to leave?
Isn't it a loss for the company?
Even if his contract expired how would they allow that?

So, these companies ask the government to give them an authority over their employee's transfers.
It means those kafeel guys can mess with anyone if they want to.

You want to get out of a company?
Fine, just tell them that you will leave. Finish your contract term, take your benefits and leave.

Totally agreed

https://qiwa.sa/en/employee-transfer

to help other person, please read the common question at the portal.

picking up selected lines to defend your point will not help ease the confusions.

cad draftsman wrote:

https://qiwa.sa/en/employee-transfer

to help other person, please read the common question at the portal.

picking up selected lines to defend your point will not help ease the confusions.

You are just annoying.
Why don't you share your story.
Was you successful in all the matters?
Tell me.
I share the same lines from QIWA for reference.
Those are the rules.
I would never say anything stupid to ruin someone's life in KSA. What you are trying to say it is practically not good for companies and that is why this new system is still under construction.
My iqama will be renewed in September, and they will pay nearly 11K for it. And what if i got an offer from another company?
Would they just allow me to flee over there? Huh?
What about those 11K SAR they just pay for my iqama?
What you are saying about these transfer problems, imagine if someone believes it and try to get a new job, and got a final exit from the current employer then who will be responsible?
I want all guys to be careful, but people like you are just saying "no no man, go easy-peasy and just do whatever you want to do".
This is not how things work. All the private companies are investing money and paying taxes, they will never bear any loss and let anyone enjoying on the bases of their sufferings.
You want to get a new job?
Fine.
Finish your contract and transfer to a new company.
Follow the rules and do not make anyone bear loss on the way of your own happiness.

IF ANYONE GOT THESE POINTS, HE WILL NOT SUFFER ANYTHING IN KSA.
And i hope this image will help you.
.

the person who made this trend does not need my story or any other persons story...
what the link shared is for him to take a look at what answer he seek might be there...

helping other people does not need to prove a point... just give the answer needed...

iqama fees is the responsibility of the employer.... if the employee agrees to renew it then end of story...

Is this applicable for government iqama to private company?thank you

Assalamu aalikum brother

My work permit is already expired and my Iqama will be expired on 01/05/2021 and insurance already expired 7 month before, I know my kafeel not renewd my Iqama and he is not giving transfer.i got another job in one company what can I do, please give some advise me

cad draftsman wrote:

the person who made this trend does not need my story or any other persons story...
what the link shared is for him to take a look at what answer he seek might be there...

helping other people does not need to prove a point... just give the answer needed...

iqama fees is the responsibility of the employer.... if the employee agrees to renew it then end of story...

I am unable to share the snap here.
I already put that snap in my last reply but link is under review.
I share those lines from qiwa information.
I just pray that nobody falls on the wrong side because of people like you are misguiding the others here.

Yemin Bowsul wrote:

Assalamu aalikum brother

My work permit is already expired and my Iqama will be expired on 01/05/2021 and insurance already expired 7 month before, I know my kafeel not renewd my Iqama and he is not giving transfer.i got another job in one company what can I do, please give some advise me

Did you come here on company visa?

Yes,brother

Yes,brother please advise me

Yemin Bowsul wrote:

Yes,brother please advise me

Check niqat status of your company, if it is in Red then you can leave immediately.
Otherwise, just wait.
Let that iqama expire and after one month you of expiry will be able to leave without his permission.
If you ask him anything he can reject that if he wants to.
Why i am saying this?
Because you are on a company visa and your contract is basically limitless.
So, that contract expiry is just nothing.
Your main contract is still there, you have only completed your basic time period for the eligibility of vacation.
Try to find a new job but do not say anything to your kafeel.
If he renew your iqama and ask you to sign a new contract then make it one year only.
Otherwise, after one month of iqama expiry you can leave him without his permission.

What will I do if my current employer will not allow me to transfer to another company even my contract finished already?

cad draftsman wrote:

the person who made this trend does not need my story or any other persons story...
what the link shared is for him to take a look at what answer he seek might be there...

helping other people does not need to prove a point... just give the answer needed...

iqama fees is the responsibility of the employer.... if the employee agrees to renew it then end of story...

And you have seen this post i am about to share here bellow?


.
Give him the answer now.
This is what happening with poor guys and guys like you are responsible.
I wish there should have a mentioning system on the forum.


Read the post i am pasting it here now:



.
ExsaphToday 12:54:49
1 post
Assalam alaikum, I just share my status, my 2 years contract with my current employer has been completed on last March 8, 2021, the exit or resignation already submitted through ERP system.

March 7, my new sponsor sending email to me cc to our hr department with job letter attached. And reply to our hr department to have release.

March 28, I'm sending following up email to our hr for release but I'm unlucky because even short reply I didn't receive from them.

April 5, I talked to our admin manager, hr supervisor & superentindent about my status which is my 1 month notice for to work with then and transfer but they said they will not release and they will send me back my origin country. Even I'm begging to them.

I received request from my new employer through QIWA Platform last 3 days ago and I accepted the request.

Today I'm shocked, because I received message from moi jawasat that my final exit visa was issued.

My question, I have any chance to transfer my new sponsor? My exit visa it is possible to cancel?

Please I need your helpful advise.. Thank you

cherrylee359 wrote:

What will I do if my current employer will not allow me to transfer to another company even my contract finished already?

Do not fight with him.
Just ask him to give you permission.
That is the only way as he is not allowing you.

ALL THOSE WHO WAS SUCCESSFULLY GET TRANSFER WITHOUT PROBLEM, THEY THINK THAT NEW SYSTEM IS GIVING THEM POWER.
NO, NOT AT ALL.
Those companies just letting their employees go in some cases.
They are not stopping them.
There are so many reasons for that.
May be they want to cut short their employees.
May be they just want to get rid of some workers.
Who knows.
So please, if you have get the transfer without asking the employer Don't say that it is the system now.

But what is the actual system?
If you are on a company visa.
Then you need tham permission from the employer for a transfer.

Arsal7 wrote:

cad draftsman wrote:

the person who made this trend does not need my story or any other persons story...
what the link shared is for him to take a look at what answer he seek might be there...

helping other people does not need to prove a point... just give the answer needed...

iqama fees is the responsibility of the employer.... if the employee agrees to renew it then end of story...

And you have seen this post i am about to share here bellow?


.
Give him the answer now.
This is what happening with poor guys and guys like you are responsible.
I wish there should have a mentioning system on the forum.


Read the post i am pasting it here now:



.
ExsaphToday 12:54:49
1 post
Assalam alaikum, I just share my status, my 2 years contract with my current employer has been completed on last March 8, 2021, the exit or resignation already submitted through ERP system.

March 7, my new sponsor sending email to me cc to our hr department with job letter attached. And reply to our hr department to have release.

March 28, I'm sending following up email to our hr for release but I'm unlucky because even short reply I didn't receive from them.

April 5, I talked to our admin manager, hr supervisor & superentindent about my status which is my 1 month notice for to work with then and transfer but they said they will not release and they will send me back my origin country. Even I'm begging to them.

I received request from my new employer through QIWA Platform last 3 days ago and I accepted the request.

Today I'm shocked, because I received message from moi jawasat that my final exit visa was issued.

My question, I have any chance to transfer my new sponsor? My exit visa it is possible to cancel?

Please I need your helpful advise.. Thank you

i feel bad for you Arsal7... we already moved on to this and still you are making your point?

dont blame other people on their unfortunate situation... they made those decision based on what they understand.... we are all all adults and professionals here... responding to all the topics in this forum does not make you know everything.... your opinion / advise are useless to people who are determined to make a change for themselves.... decision making is always part of being an expat... and risk will be and always will be included... you, me, and everyone in this forum are expats... we dont have the authority to tell someone that your decision is wrong or right... we can only give them the idea based on what we have experienced not based on what we just know....

i joined this forum to get answers to my inquiries... i dont get much answers  because people here are having the same questions... then some people here pretend to know the answers and telling you are making a mistake... but at the end he is not even interested doing the same thing we are doing...

they will not understand the feeling / struggle we are having if they are inside their comfort zone...

this may be my last post in this forum... thanks and goodluck to you all....

Kudos! As per the answer of Qiwa Yes you can.

Can I transfer to another employer if my contract is expired and my IQAMA is valid?
Yes you can transfer directly.

Until now you are the only 1 i always read negatively feedback here. You know what? Your so stupid. Its so easy, if they renew your iqama and you want to transfer,u need to pay your iqama that they renew. And if u dont want to pay,then you have to obliged to work directly to them until you finish your iqama stupid asshole bitch. Your so negative. And about the permission,its easy to ask a permission. If they will not approve your permission it doesnt matter,the important is you ask permission to them asshole

welcome sir

Regarding your inquiry about the notice period, please note that the notice period is 90 days from the date of the employee's acceptance of the transfer request, and the transfer takes place without a notice period in the following cases:
1- The employee's residence has expired
2- The employee's work permit has expired
3- The existence of a malicious communication at the Ministry of Human Resources and Social Development


Note that the current employer can reduce the notice period by following the following steps:
1- Login to the Qiwa platform after receiving the service transfer request notification
2-Choose a service transfer service
3-Choose the received orders
4- Choosing to modify the end date of the contractual period to a shorter period.

https://www.qiwa.sa/ar/employee-transfer

Yes, the worker is automatically transferred after the notice period expires

Thank you for contacting Power
We wish you a nice day

Theres no such thing as limitless contract unless stated. Were not a slaves or something to have a limitless contract. Limitless means you can't even have the option to exit if you wanted to since you have a limitless contract. Maybe in some points you are right. But you saying about limitless contract in any advised you posted is wrong. We all have the freedom to go home as long as we finish our contract and inform them ahead of time. Thats not limitless.

?????????? ?????55 wrote:

Theres no such thing as limitless contract unless stated. Were not a slaves or something to have a limitless contract. Limitless means you can't even have the option to exit if you wanted to since you have a limitless contract. Maybe in some points you are right. But you saying about limitless contract in any advised you posted is wrong. We all have the freedom to go home as long as we finish our contract and inform them ahead of time. Thats not limitless.

Already told that if it altered or changed by the employer, otherwise, it will never expire at all.
You want to go on exit?
Fine, your employer will terminate that contract.
That's it.
And yes we are not slave but this market or country is not Europe either.
Those companies are paying thousands of SAR for your iqama and other taxes and for that government has given them some authorities.
You will be totally free the day when government charged you all the taxes and fees rather than the companies.
And you will be responsible for your visa and all the related matter just like Europe or America etc.
Till then, you are half free and half bond to these companies.

Try to comprehend again. Its not about making alterations in any contract. What am i saying is yoy telling everyone that every company contract is limitless. No. Its not. After you FINISHED AND NOTIFIED your employer you can either extend nor exit. Thats your choice. Its not about the money they paid. Its about you being done with contract you signed up to. Even before the new kafala law i guess we all have that freedom either to continue or no. So its not limitless. I guess what you mean is as long as you still have a STANDING VALID CONTRACT. If thats the case then yes. You cant terminate the contract unless your employer said so.

?????????? ?????55 wrote:

Try to comprehend again. Its not about making alterations in any contract. What am i saying is yoy telling everyone that every company contract is limitless. No. Its not. After you FINISHED AND NOTIFIED your employer you can either extend nor exit. Thats your choice. Its not about the money they paid. Its about you being done with contract you signed up to. Even before the new kafala law i guess we all have that freedom either to continue or no. So its not limitless. I guess what you mean is as long as you still have a STANDING VALID CONTRACT. If thats the case then yes. You cant terminate the contract unless your employer said so.

I want to laugh now.
If you came here on a company visa before 2021 then that contract was and is limitless.
Ask any person who came here on company visa more than five years ago that has had he signed his contract more than once?
Ask some guy.
In those contracts the vacation time was mentioned but not the actual contract expiry date/time at all.
But yes, if you get transfer to a company then you can go after finishing the contract.
And if you are on company visa and you want to leave you have to pay the money that company had paid for your iqama.
My friend got transfer like that, he paid 4800 SAR for his remaining months of iqama.
Remember, there is 850 SAR per month tax for every employee.
.
I know this is not good for any person but this is what these kafeel persons have and they are still trying to get hold of these authorities.
And bad thing is that government is giving them that freedom.
It will take years to end kafala system.

Limitless means never ending. It means we need to work until we die unless the employer said so? And yes. Some of my colleague who came here 2019 signed another contract this years since it is specify in our contract that we have 2 years term contract. So they signed again another 2 years. It is specified. Unless your original contract is unlimitted which you permit your employer to renew it for unlimited time. Nevertheless there's bo limitless contract. And mind you, even the people who came 20 years ago is still signing a new contract and a new benefits every 2 years. So yeah  welcome.

?????????? ?????55 wrote:

Limitless means never ending. It means we need to work until we die unless the employer said so? And yes. Some of my colleague who came here 2019 signed another contract this years since it is specify in our contract that we have 2 years term contract. So they signed again another 2 years. It is specified. Unless your original contract is unlimitted which you permit your employer to renew it for unlimited time. Nevertheless there's bo limitless contract. And mind you, even the people who came 20 years ago is still signing a new contract and a new benefits every 2 years. So yeah  welcome.

Never ending means that contract never expires automatically.
And i said ask a person who came here 5 years ago.
I never signed a contract in my first company for 4 years.
And now, i am in a new company and my contract expires every year.
My two friends got final exit because of people like you who are saying magical things which doesn't exist yet.
Don't say that anyone can leave any company without the consent of the employer.
Government forced that proper agreement/contract thing in 2018.
And that's why they created GOSI.
Anyone who wants to get a transfer should ask his employer/HR about it in a clear way.
If they agree it will be fantastic, go ahead.
But do not try to get transfer without the consent of the company.

I think there is confusion between the words unlimited and limitless.

In the past, if you renewed your contract for 4 years or more, it was deemed as an unlimited contract under labor law and was not subject to periodic renewals.  This did not mean that you could not resign, only that, the calculation of indemnity and notice period was different.  As an example, if you want to back out of a limited contract, you are on the hook for the remaining period of the contract whereas this was not the case in an unlimited contract.

Companies used to follow different approaches for this.  I have signed both types of contracts i.e. signed one contract only (which continued to be renewed every year without any need for my signature) and renewals after every 1 or 2 years (and then stopping signatures when it was deemed as unlimited under labor law).   Practically speaking, in the past, you didn't even need to sign a contract as your Iqama contract was used and if you were in the job past expiry, it was deemed as automatic renewal.

So to keep it simple, the word is "unlimited" not "limitless".   Limitless implies that you can't get out of the contract, which is wrong.