Saudi Arabia: Occupational ‘agent’ in residence, ‘technician’ in agreement, would be considered a violation?
In Saudi Arabia, the Ministry of Manpower, formerly known as the Ministry of Labor, is drafting new rules for foreign workers that will take effect on March 15, 2021.
Under the new rules, only the work agreement will be important, which will provide employment based on professional qualifications and educational ability. No further details have been released about the new rules.
The answers to the questions received from the readers of Urdu News are in accordance with the existing laws. Some of the questions received and their answers are present service.
Ahmad Qureshi: My stay has expired for many months. The company is not even renewing, so what can I do? Can I change my sponsorship elsewhere without the permission of the sponsor, I have also received a good offer from a company?
Answer: The Ministry of Manpower is responsible for the timely renewal of the stay of a foreign worker under the law of the former Ministry of Labor. If the residence is not renewed, the worker has the right to transfer the sponsorship elsewhere.
In this regard, the Ministry of Manpower has said that in case of expiration of residence, the sponsorship ‘sponsorship’ can be changed by the company even without NOC.
By law, you will not need to obtain an NOC from the company to change sponsorship. Submit a request for a change of sponsorship through the new sponsor on the Ministry’s website, including the expiration period of stay for a change of sponsorship. The NOC will be issued immediately by the Ministry of Manpower. If the Ministry issues a change of sponsorship order, your case will be legally stable and there will be no impediment.
Also, make sure that you get a copy of the contract before you start working for a new company, because under the new rules, the contract of employment will be very important.
Rajab Ali Khan: Kafil once applied ‘Haroob’, which he canceled within two weeks. Now he is saying again that I should resign but I don’t have any demand letter at the moment. It remains to be seen whether Kafeel can apply ‘Haroob’ a second time.
Answer: According to the law of the Ministry of Manpower, it is easy to cancel a foreign employee within 15 days of filing the ‘Hurob’, after which it becomes difficult to cancel it.
As far as filing Hrob for the second time is concerned, according to the law, Hrob of the same foreign worker cannot be applied more than twice.
You must persuade the sponsor to cooperate until March, after which a new law will come into force that will not require a compromise.
Under the new law, the employment contract will be important. Wherever there is an opportunity for employment according to your profession, obtaining a demand letter from the work agreement will be the alternative to the contract.
Mudassar Akbar: The profession of ‘agent’ is listed in my residence but the employment contract in the company in which I am working is ‘technical’. To find out if my agreement is correct, I will not have any problem later?
Answer: Remember that it is mandatory for foreign employees in Saudi Arabia to pursue the same profession as the one listed in the residency. If there is a ‘worker’ in the residence and the work is being done by a ‘technician’, then it is a violation of Article 38 of the law. Under which violation of work agreement will be registered. That is, there may be a challan for doing irrelevant work, so it is better that you correct the profession in the residence and work permit according to your educational and professional credentials and also make an agreement accordingly so as not to face any legal difficulty. Big.
Remember that the new labor laws in Saudi Arabia will come into force on March 15 next year, in which the work agreement will be very important. Under the new law, the work agreement will be based on experience and academic credentials, which will include all the details.