Is it a right of an employee to transfer sponsorship?

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Is it the right of an employee to transfer sponsorship?

  • Is it the right of an employee to transfer sponsorship?
  • Do you have a transferable Iqama?
  • What if an employer refuses to transfer sponsorship?

One of the hottest topics of discussion in all expatriate communities of Saudi Arabia is right to take transfer of sponsorship. We have published different articles regarding different topics of transfer of sponsorship.

In this article, we will be guiding our fellow expatriates about the ways they can secure a legal right to get the transfer of sponsorship at the end of their contract with the employer.

Generally, employers exploit employees working under their sponsorship by threatening them to process the final exit whenever they ask about Transfer of Sponsorship.

Do you have a transferable Iqama?

Unfortunately, Saudi Labor Law is silent for the local transfer of sponsorship. Generally, people who have transferable Iqama, you can transfer your sponsorship at the end of employment. But how to know if you have a transferable Iqama?

At the time of transferring the sponsorship from the employer, if you just take a note from the new employer that after completion of the contract, the new employer will release you from his sponsorship, you will be legally entitled to claim it at the end of the contract. 

However, you are unlikely to ask your employer to sign this kind of letter if your employer is hiring you from your own country due to lower negotiation power.

What if an employer refuses to transfer sponsorship?

If at the end of the employment term or at the end of the contract, your employer does not allow you to take transfer of sponsorship; you can contact the labor court on the basis of the letter taken from the employer at the beginning of the employment term.

Normally companies avoid cases of labor court if they feel that they are on the wrong side. In this way, you will be able to exercise your legal right to take transfer of sponsorship.

Warning

Keep in mind, it is highly unlikely for employers to agree on the term that they will transfer the sponsorship of the employee at the end of the contract.

An employee can also take the transfer of sponsorship without the consent of Kafeel if some criteria are fulfilled.