Can You Transfer Kafala Without Agreement From Your Current Employer?
The simple answer is Yes, you can. However, there all certain factors that have to be met before this applies to you:
You can have direct transfer from Qiwa without requiring first kafeel agreement or notification if you have any of the following
- Expired Iqama
- Expired work permit (license)
Transfer can be through Qiwa if both the employee and the new employer have Qiwa accounts, otherwise, it has to be done manually through labor office.
If you have a valid iqama and unexpired work permit, you can still have a direct transfer of Kafala without the current Kafeel's agreement only through labor office if you meet any of the following (but you need to proof it):
- No documented employment contract within 3 months of the worker’s entry into the Kingdom
- Expired employment contract
- Wages are not paid for three consecutive months
- If the employer is absent, either due to travel, imprisonment, death, or any other reason, and this results in the facility being unable to fulfill its obligations towards its employees
- In the event that the worker reports a commercial cover-up case against the employer, provided that he is not a participant
- In the event of a labor dispute between the worker and his current employer and the employer or his representative does not commit to attending two of the litigation sessions
- In the event that there is a recommendation from the competent judicial authority during the consideration of the case to avoid any potential damages that could occur to the worker
- If an employee was not issued a work permit after more than 90 days have passed since his entry into the kingdom.
If you don’t meet any of the conditions mentioned above, you still can transfer kafala. The new employer must create a job offer through Qiwa and the employee must accept it within 10 days. If the new employee is compliant with the requirement for the work improvement initiative AND you have spent one year working with the old kafeel, then you have to wait 90 days which is called the “Notice Period”, unless your current employer doesn’t mind you transferring. However, if the new job offer comes from a facility that doesn’t comply with the work initiative, then the old Kafeel must approve the transfer.
