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Showing posts with label Labor Laws. Show all posts
Showing posts with label Labor Laws. Show all posts

Saturday, November 28, 2015

How to check the sponsorship transfer status - Procedure to check Iqama transfer status Online

In  Saudi Arabia when ever you switch a job if you Iqama is transferable , your new company or Kafeel will always needs transfer from the current company or Kafeel. Expats are more concerned about the sponsorship status when they applied for transfer. Current trend of giving electronic access to the general population of Saudi Arabia has made it very easy to check the status of change of sponsorship in Saudi Arabia.

In below steps we will guide you how to check the sponsor transfer status.

How Check the Sponsorship Transfer Status

MOL website is in Arabic, so its recommended to use Chrome browser so you can translate arabic to english
 

Click on the drop down as mentioned below and click on the last option 




Enter the Iqama Number as per below instructions







If Iqama is successfully Transferred


If you got status like below, it means your Iqama is successfully transferred to new company or Kafeel



Your Iqama is not transferred to new Kafeel or Company


If you get below message , its means your Iqama is not transferred yet



followup with you previous and current employer , there might be issue on both side.

Thursday, November 26, 2015

Procedure of resign under labor law in Saudi Arabia - Notice period under Saudi Labor Law

While working in KSA , there are are two type of contract between employee and employer under the Saudi Labor Law

  • Fixed Term contract
  • Indefinite Contract

Fixed Term Contract

If employer want to terminate the contract, then employer must have to pay the remaining months salary to the employee . Same applies to the employee

Indefinite Contract

  • Any part either employer or employee can terminate the contract with one month minimum notice period , except any exception case if mentioned in the contract.
  • If employer terminate the employee without notice period , employer must pay the salary equal to notice period duration that is one month salary
  • If employee is receiving remuneration on piecemeal basis, his average pay received in last three months will be considered for the payment.
  • If employee is on probation ,employer can terminate the employee without any notice period except any exception case mentioned in the contract
  • If employee want to terminate the contract , he/she must give minimum one month notice period else have to leave one month salary 
  • Employee can terminate the contract with their employer without any notice period if
    • The employer commits a fraud at the time of contracting with the employee with reference to the work condition and circumstances. Let’s say he has signed a contract with you to pay SR 15,000/- per month for a managerial post. Later on, he denies either monthly package or managerial task; you have every right to terminate the contract without any notice period. However, it is very important to mention here that once you have started working under the changed circumstances, it will be treated as you have accepted the terms. You would not be able to challenge your employer in front of court in those cases.
    • If employer or any representative of the employer, blackmails the employee with reference to his family living in Saudi Arabia, employee has every right to terminate the contract without any notice period.
    • If there is some serious hazard in the workplace threatening to the safety or health of the employee, you have every right to terminate the contract without any notice period. However, there is one condition that employer must be aware of it and did not take any action to remove this hazard within reasonable time.
    • If the treatment by the employer is characterized by cruelty, injustice or insult

Monday, November 23, 2015

List of professions reserved for Saudi Nationals

While coming to KSA on work visa, always read your contract very carefully specially see the profession provided by your employer because your profession is very important. Many benefits are based on your profession like

  1. Travelling to Gulf countries
  2. Visit visa for family
  3. Family permanent visa
Other than these benefits very important point is , if your profession is in the list of reserved professions for Saudi Nationals, any time you can be terminated from the job once any Saudi National is available for that job


Following professions are reserved for only Saudis in Saudi Arabia;


  1. Cashier
  2. Chief administrator of human resources at government and private sector companies
  3. Complaint Clerk or Claims Clerk
  4. Custom Broker or Custom Clearance Employee
  5. Director of personnel relations
  6. Director of labor affairs
  7. Duty Clerk or Attendance Control Clerk
  8. Employment clerk
  9. Executive HR Manager
  10. Female Sales Specialist for Ladies Shop
  11. Head of Personnel Department
  12. HR Manager
  13. Key Specialist
  14. Labor Affairs Manager
  15. Receptionist (general)
  16. Receptionist (hospitals)
  17. Receptionist (hotel)
  18. Recruitment Clerk or Employment Clerk
  19. Representative or Broker
  20. Security Guard
  21. Staff Affairs Clerk or Personal Affairs Clerk
  22. Staff Relations Manager
  23. Staff Relations Specialist
  24. Individual Affairs Clerk
  25. Time-keeper
  26. Typist

Rights of employees accordingly to labor laws - Know your rights under labor law of Saudi Arabia

Most the employees don't know about their rights which govt has provided them. Most of employees specially expats employee even feel scared to talk about their rights. Every one must know the rights that MOL have provided to the employees.

Simply You can only claim your right if you know about it. We have mentioned below all employee rights that every one must know.








Employment or Recruitment Expenses

Accordingly to MOL , all recruitment expenses should be beard by your employee un till unless its mentioned on your contract that you will bear the cost and you accepted the contract.
  • Visa expense
  • Travel Expense 

Iqama Expense


Its your right that your employer provides you Iqama on your arrival to KSA withing 90 days starting from the arrival date. Employer will bear all the expenses related to this (According to Article 40.1 of Saudi Labor Law). If your sponsor does not provide you Iqama within three months of your arrival to Saudi Arabia, you can search another job and transfer your sponsorship without permission of employer.

 Passport Right

Accordingly to MOI Its your right to keep passport with you. MOL have announced a heavy plenty on employer if they hold your passport


End or Service Benefits

Accordingly to MOI your employer have to pay you EOS benefits on your final exit , if you completed service for two years except any exceptions mentioned in your contract

Contract Copy

Accordingly to MOI its your right to have a contract copy with you signed by your employer and you . Its MOL rule that contract will be in Arabic you can request for English copy too


Working Hours and over time


Accordingly to labor law you can work maximum 48 hours in a week, if you employer ask to work more than that hours , you are eligible to get over time benefits(1.5 times of normal time wages) Except any exception case if any thing mentioned in your contract.


Entitled leaves


You are entitled the leaves accordingly to the MOL, except the exception if its mentioned in your contract. Read our article to know the leaves policy by mol

Termination / Resignation 

An employee needs to give proper notice to his employer if he wants to leave the organization and same goes with the employer. 


Death or Disability at work site

If an employee dies or gets permanent partial or full disability on the work site, he is entitled to compensation for Work Injury under Saudi Labor Law  from sponsor 

Relocation Of employee by employer

As per the changes in Saudi Labor Law approved by Ministry of Labor, an employer cannot transfer an employee to another location without written permission of the employee.






Payment Schedule

An employer cannot change the payment schedule (monthly, weekly, daily, hourly) of the employee without having written consent of the employee.


Additional Work

As per Article 38 of the Saudi Labor Law, an employer cannot assign the work to an employee in addition to what has been agreed upon between them. In case of emergency, even if he has to assign it, it will not be more than 30 days in a year.

Thursday, November 19, 2015

New changes in vocations or leaves policy for saudi workers

Saudi Labor has announced Increased new labor laws and there is big change in leavs. Must read ro know yoir rights

In Short term leaves of Article (113) in New Saudi Labor Law 2015.


  1. Marriage Leave is increased from 3 days to 5 days.
  2. Paternity Leave is increased from 1 day to 3 days.
  3. Bereavement Leave is increased from 3 days to 5 days.
  4. Muslim women will get 4 month 10 days leave in case of husband dies or divorce. For Non Muslim women she is entitled for 15 days leave with full pay. As mentioned in Article (160).


Maternity Leave
10 week maternity leave for women with full pay starting 4 weeks before delivery, Additional one month leave with out pay. As mentioned in Article (151, 152). Similar article "Vacations & Leaves in Saudi Labor Law".

New amendments or updates in Saudi Labor law 2015


Saudi Labor Ministry and the Council of Ministers approved 38 amendments updates in new Saudi Arabia Labor Law on March 2015, Which will be  effected from October , 2015


1. Training for Saudi's
 Any company with 50 or more employees must train 12% Saudis and take them as original employees. Earlier it was 6% and It is stated in Article (43) of Saudi Labor Law

.
2. Probationary Period
90 days probation period can be extended by additional 90 days (But not more than 180 days, Earlier it was only 90 days), if both parties agreed for that period. An employee in one organization can go on probation period only once, Unless the job is separate from the earlier one or when worker left and returned back to organization. It is combined in Article (53) and (54). 


3. Fixed Contracts For Saudi Nationals
If the employment fixed contract is extended for 4 years (successfully renewed 3 times) then it will become unlimited contract. Earlier it was 3 years (renewed 2 times). It is as per Article (55) in Arabic contract of Saudi Labor Law.


4) Absent From Work
As per Article (80) in SLL, Employee absence from work without valid reason for more than 20 days or 10 consecutive days are increased to 30 days or 15 consecutive days are subject to termination without any salary.


5. Termination Notice
 Expanded notice periods for termination of unlimited contracts from 30 days to 60 days for monthly payable employees and 15 days to 30 days for hourly payable employees. Referring Article (75) in 38 new amendments of Saudi Labor Law.


6. Leaves
Increased in Short term leaves of Article (113) in New Saudi Labor Law 2015.
- Marriage Leave is increased from 3 days to 5 days.
- Paternity Leave is increased from 1 day to 3 days.
- Bereavement Leave is increased from 3 days to 5 days.
- Muslim women will get 4 month 10 days leave in case of husband dies or divorce. For Non Muslim women she is entitled for 15 days leave with full pay. As mentioned in Article (160).


7. Maternity Leave
10 week maternity leave for women with full pay starting 4 weeks before delivery, Additional one month leave with out pay. As mentioned in Article (151, 152). Similar article "Vacations & Leaves in Saudi Labor Law".

8. Transfer of Employee
The Employer must get written permission of employee before transferring from one place to other. In emergency situations employer can transfer employee to other place not more than 30 days in a year. Recommended article "Sponsorship Transfer in KSA".


9. Employment Certificate
 Article (64) of New Saudi Arabia Labor Law, The employer must provide a certificate of employment at the end of the contract. Certificate should not include anything that harm the reputation of the employee.


10. Working Hours
An employee should not stay at workplace more than 12 hours per day, No more than 5 consecutive hours work without a break, Break should be at least half hour every day for prayer and lunch. You can also read this article "Working hours as per Labor Law".


11. Work Injuries
As per Article (137), An employee who met with work injury is entitled to full pay of 2 months (Earlier it was 1 month) amount compensation and thereafter 75% pay till the treatment which can be up to 1 year, where upon he shall classified as disabled and eligible for compensation.
12. Wage Protection System
As in Article (90.2), Currently KSA is implementing Wage Protection System where companies are required to deposit salaries into a bank account for each employee. As of now, WPS is on eighth stage which is applicable to firms with 130 or more employees, It started with largest firms with 3000 or more employees.