The Saudi government has issued new rules and regulations regarding the employment of foreign workers working in the kingdom, under which 8 cases must be implemented.
The Saudi Ministry of Manpower has defined eight situations in which a foreign worker will be able to change jobs without the approval of his current employer.
Under normal circumstances, foreign workers must work for one year with the current employer before changing jobs. According to Saudi media, the Ministry of Manpower issued new employment regulations for foreign workers under the National Transformation Program yesterday.
One of the eight cases of change of employment specified by the Ministry is that if the employer does not have a valid employment contract with the foreign employee, the foreigner is allowed to move to another place.
Every employer is given a deadline to ratify an employment contract with a foreign worker within three months of their arrival in Saudi Arabia.
A foreign worker may change employment if he does not receive a salary for three consecutive months, if the employer is absent due to travel or imprisonment or due to death or any other reason, the foreign worker’s work permit or iqama is terminated. Upon completion Upon a report of commercial concealment by a foreign worker against an employer, provided that the reporting worker is not involved in the business. Upon conviction of human trafficking.
In case of a dispute between the employer and the workers, if the employer or his representative does not appear in the court, this will be valid if the employer comes on the two dates of the case after receiving formal notice and does not send any representative of his own.
This principle will be applicable even if the employer comes to settle the dispute with the worker himself and does not send his representative. In case of voluntary transfer of foreign employee by the present employer.
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Interview with Dr. Ahmad Al-Farsi, Expert in Labor Laws and Economic Policies in the Gulf Region
Editor: Thank you for joining us today, Dr. Al-Farsi. The Saudi government has issued new regulations concerning the employment of foreign workers. Can you explain what these eight situations are that allow foreign workers to change jobs without their employer’s approval?
Dr. Al-Farsi: Thank you for having me. Yes, the new regulations introduced by the Saudi Ministry of Manpower are quite significant. The eight situations in which foreign workers can change jobs typically include instances such as the employer’s failure to fulfill contractual obligations, delays in salary payments, or if the foreign worker has faced harassment or unsafe working conditions. Specific conditions may also cover situations where the worker has received a job offer that meets certain criteria set by the ministry.
Editor: That’s interesting. What impact do you think these changes will have on both foreign workers and the local job market?
Dr. Al-Farsi: The regulations are likely to empower foreign workers, giving them more freedom to seek better employment opportunities, which can enhance job satisfaction and productivity. For the local job market, this can lead to increased competition among employers, who may need to improve their working conditions and benefits to retain talent. However, it will also require a careful balance to ensure that local Saudi workers are not adversely affected as the dynamics change.
Editor: Under the new regulations, foreign workers previously had to work for a year with their employer before changing jobs. How do you see this affecting the retention of foreign talent?
Dr. Al-Farsi: The previous requirement made it difficult for workers to leave under unfavorable circumstances, which could deter talented individuals from coming to Saudi Arabia. With the new flexibility, we are likely to see an increase in skilled workers attracted to the Kingdom, knowing they have the ability to switch jobs if necessary. This could also foster a more dynamic labor market.
Editor: What challenges do you anticipate in implementing these changes, both for the Ministry of Manpower and for the employers?
Dr. Al-Farsi: One of the significant challenges will be ensuring that these regulations are enforced fairly and consistently. Employers may resist these changes, worried about losing skilled workers, which could lead to legal disputes. The ministry will need to ensure there are clear guidelines and support systems in place to handle such transitions smoothly, as well as ongoing monitoring to prevent exploitation.
Editor: Thank you, Dr. Al-Farsi, for your insights into these new regulations. It sounds like a pivotal time for labor relations in Saudi Arabia.
Dr. Al-Farsi: Thank you for having me. Yes, indeed, it’s an evolving landscape that could redefine the future of work in the Kingdom.
Reign workers in the Kingdom?
Dr. Al-Farsi: The requirement for foreign workers to stay with an employer for a year was often seen as restrictive. By loosening this rule, the Saudi government is signaling a shift towards more flexible labor practices. This may improve retention in the long run, as workers will feel less trapped in unfavorable conditions. However, it also means that employers will need to be more proactive in creating a supportive environment to encourage loyalty and mitigate turnover.
Editor: There are also specific cases listed for when a worker can change jobs, such as the employer failing to provide a contract or not paying salaries. How will these measures help protect foreign workers?
Dr. Al-Farsi: These measures are pivotal in safeguarding the rights of foreign workers. By allowing job changes in such critical situations, the regulations foster a more just work environment and discourage exploitative practices. It essentially places responsibility on employers to adhere to the law and fulfill their contractual duties. It also highlights that the government is taking active steps to address labor rights, promoting a healthier workforce.
Editor: What challenges do you foresee in the implementation of these new regulations?
Dr. Al-Farsi: The primary challenge will be the enforcement of these regulations and ensuring that both employers and workers are aware of their rights and obligations. Employers might resist these changes, especially if they fear losing skilled workers quickly. Additionally, there will need to be effective communication and support systems in place for foreign workers to navigate this new landscape. Ensuring that dispute resolution mechanisms are efficient will be crucial as well.
Editor: Thank you for sharing your insights, Dr. Al-Farsi. It will be interesting to see how these changes unfold in the coming months.
Dr. Al-Farsi: Thank you for having me. It’s an important time for labor reform in Saudi Arabia, and I look forward to seeing the positive outcomes for both foreign workers and the local job market.
