I want to transfer but my Kafeel prevents me, how to solve it?
Many employees would like to change their jobs for different reasons, it could be due to looking for a better working environment, getting a higher salary or simply changing industry. This is a right that is protected by the Saudi labor laws. However, some people might not be able to grasp the change in laws and understand their rights. We will try below to answer common questions in a very easy way to understand.
1. I want to transfer but my Kafeel prevents me, how to solve it?
After the new changes in Saudi laws, not all employees need their current sponsor approval. If you have any of the following requirements and have spent at least one year without your kafeel then you don’t need your sponsor's approval.
- Your iqama is expired.
- Your work permit is expired.
- You didn’t get a working permit 90 days after your arrival to Saudi Arabia.
- You received an absence of work notice.
- Your current sponsor is in the Red Zone.
If you have any of the above, what you need to do is find another employer, either online (like in www.kafeel.sa) or through your direct contact and let them send you an offer through Qiwa website. After you accept the offer, you will be automatically transferred to the new employment. You don’t need your current employer approval or to wait for a notice period.
2. What if I don’t meet the above requirements but I don’t have an authenticated contract?
If you don’t have aِn authenticated contract, then you can transfer without approval from Kafeel. However, your kafeel will be notified once you accept a transfer notice in Qiwa and you will have to wait till the end of the notice period (which can be 30, 60 or 90 days). Also, you have to account in Qiwa and Absher.
3. What if I don’t meet all the above requirements, can I still transfer without kafeel’s approval?
You will still be able to transfer, if you have spent more than a year in Saudi with your current kafeel. What you need to do is before the expiration of your contract, go online on Qiwa website and click on non renewal of contract before or at the beginning of your notice period. To read more about notice period please refer to our article (https://blog.kafeel.sa/what-is-the-notice-period-or-probation-period/). Once you do this, you will see a countdown of days until your contract expires. During this time, you should look for an employer and let them send you an offer through Qiwa. It will go directly to you and once you accept it you will be transferred directly at the end of your current contract.
4. During Notice period, should I stop working for my current employer?
No, you should continue your work with your current employer until the end of your contract.
5. What if my employer issued a Huroob notice for me?
Huroob has been removed at the moment. What will be issued instead is an absence notice. If you receive this notice in your mobile, you actually can transfer without the current sponsor approval in 60 days. However, if you don't find an employer in 60 days you will have to leave the country. Moreover, if you received an absence notice while you have spent less than a year in Saudi, you will not be able to transfer to a new employer and you will have to leave the country in 60 days.
6. What if my employer threatens me to issue a final exit?
This is still an unsolved issue for many people. Some sponsors will issue a final exit once an employee accepts an offer in Qiwa for a transfer. A solution to this might be funny but can work in your advantage to prevent final exit, which is you have to have a car registered under your name, even if it was a rental car. So if you can buy a car or rent one until your notice period ends, you should be protected from final exit.
7. What if my employer has already issued a final exit?
If you have spent a year working for them, then you can file a complaint in the labor office to cancel the final exit. But you must have a pending request from the new employer to transfer in Qiwa.
Bottom line:
You must have an Absher and Qiwa account, and try to work with your current employer to make your transfer as easy as possible.