6 Key Points to Consider Before Making Kafala or Sponsorship Transfer
When planning to change your kafeel (sponsor), transfer sponsorship or kafala, or begin a new job, there are six crucial points to pay attention to in your new contract. Before signing any contract, especially one received through Qiwa, ensure you review these points thoroughly to ensure they align with your agreements with the employer:
1. Probation Period:
- The probation period typically commences from your first day of work. According to labor laws, this period should not exceed 90 days. If the contract stipulates a probation period of 180 days, it is not acceptable. Note that the 90-day limit excludes holidays like Eid vacations. Extensions to the probation period are permissible if both parties agree but must be documented separately from the initial contract.
2. Contract Type:
- Contracts can be either fixed or non-fixed. A fixed contract specifies a definite end date, while a non-fixed contract does not. In case your contract is non-fixed, then the expiry date is the same as the work permit expiration date. Verify whether the contract includes provisions for auto-renewal upon expiry.
3. Notice Period:
- The notice period refers to the duration within which you must inform your employer of your intention to change sponsorship or not renew your contract. This period cannot exceed 90 days and may range from 90, 60, to 30 days.
4. Working Hours:
- Working hours can be calculated on a daily or weekly basis. Daily calculations should not exceed 8 hours per day over 6 days, while weekly calculations should not exceed 48 hours per week. In either case, you are entitled to at least 24 hours of rest per week.
5. Annual Leave:
- Ensure that the contract guarantees a minimum of 21 days of paid annual leave. After completing 5 years with the same employer, you are entitled to at least 30 days of paid leave per year. Additionally, note any requirements regarding informing the employer of planned leave dates.
6. Compensation on Contract Termination:
- Discuss and document the terms of compensation in case either party terminates the contract prematurely. This clause should be clearly outlined in the signed contract to avoid disputes later.
By paying attention to these key points and ensuring they are accurately reflected in your contract, you can safeguard your rights and expectations as an employee undergoing a kafala or sponsorship transfer.