The New Labor Reforms is being implemented by the Saudi Ministry of Human Resources and Social Development which was in effect from March 14, 2021, onwards. The features of the new system that every employee and the labor should have knowledge about are given below.
1. 10 days period will be available to the employer to inquire about the exit and re-entry visa application submitted by his worker. If the employer does not respond within the period, the worker can issue a single visa within 5 days for a period of 30 days since the expiry of this deadline.
2. Exit or Re-Entry visa cannot be issued to the worker upon the expiry of the work contract with the employer or issue a multiple exit and re-entry visa. The employer is not allowed to revoke the exit and re-entry visa issued by the expat worker.
3. The employer as per the new labor reforms can also issue an exit and re-entry visa for the expat workers in the same pattern of what had been previously in force and effect.
4. Both the employee and the employer will be available to use the service for executing the final exit visa.
5. According to the new labor regulations, a period of 10 days will be available to the employer to inquire about the worker’s request to issue a final exit visa, and if there is no response from the employer, the expat worker can issue a final exit visa, and the validity of the visa will be 15 days from date of issue.
6. If the expat worker leaves the Kingdom permanently during the contract’s validity, he will be permanently banned from returning to the Kingdom. This can be done in the case when he obtains an exit and re-entry visa and does not return to the country before the visa’s expiry to complete the remaining period of the work contract.
7. If the expat worker leaves the Kingdom on exit and re-entry visa and is not able to return to the Kingdom before the expiry of the visa, in such case the employer has full right to extend the visa.
8.Regarding the employment mobility service for the Saudi expat worker, the Ministry stipulates that the firms that intend to obtain services of the Saudi expat worker must comply with the provisions of the Wages Protection Program (WPS) at a rate of no less than 80 percent for the last three (3) months.
9. There should be 100 percent documentation of the employees’ contracts in the establishment, and at least 80 percent in the commitment of the self-evaluation program along with the mandatory application of an approved internal work regulation.
10. The expat workers will be allowed to transfer their services to another employer who are in the categories of professions subject to the Labor Law. And also the worker should have completed at least 12 months after his first entry with the current employer.
11. Another pending request related to the transfer of the service should not be there. The transfer of service shall be in compliance with the notice period upon the validity of the documented employment contract.
12. The new services will be available through the online platforms of Absher and Qiwa.
13. Except the following five categories all the expat workers in the private sector can avail the services:
Gardener or Farmer