Saudi Arabia has proposed a number of labor changes in recent years that aim to increase migrant workers’ freedom of movement and relax Kafala regulations. The revisions appeared promising for the estimated 8.5 million migrant workers covered by labor laws, despite the fact that they mainly omit the most vulnerable workers in the nation, such as domestic and agricultural laborers.
Kafala incremental changes
Under the Labor Reform Initiative (LRI), the first round of reforms was implemented in March 2021. On paper, migrant workers protected by labor laws (apart from domestic workers) were permitted by the LRI in:
- Work for another company without permission if they have been in Saudi Arabia for a year or more.
- Travel abroad without their employers’ consent.
Only migratory workers protected by the Labor Law were the focus of the second phase. With a modification of the absconding restrictions, these revisions took effect in October 2022, giving workers accused of absconding a 60-day grace period to change jobs or apply for a final exit visa and depart the country.
Workers will be penalized, deported, blacklisted, and unable to return to the nation on a work visa if they do not comply with these measures. In the past, workers who absconded faced swift administrative imprisonment and deportation.
Recent changes in Saudi Arabia’s labor laws are designed to protect expats and immigrants seeking employment. These reforms ensure better conditions and fairness for workers, making the job market more secure. If you find a caregiver job, or consider positions as a taxi driver or general laborer, staying attentive to contract details and choosing reputable employers can lead to finding jobs on genuinely favorable terms. By being cautious and informed, expats can take advantage of these legal improvements to secure stable and well-paying employment opportunities in Saudi Arabia.
| Prior to the Qiwa and reforms | With Qiwa and reforms | |
| Job transfer (remaining in Saudi Arabia for less than a year as a migrant worker) | Employer consent is necessary. | Employer consent is necessary (no change). |
| Job transfer (working as a migrant worker in Saudi Arabia for one or more years). | The consent of the employers is necessary. | Approval from the employer is not necessary. The process is done through Qiwa, although the present employer may respond by issuing a departure visa. |
| If a work or residency permit is obtained, switch to a different job. | Permitted by law without employers’ consent. A personal visit to the Labour Office may be necessary as part of the transfer process. | Since using Qiwa instead of having to visit the Employment Office, the process has become easier. |
Change jobs in the event that:
|
legally allowed without the employers’ approval. The Employment Office must be visited in person to complete the transfer process. | Nothing has changed. |
Exit visas
| Prior to Qiwa and reforms | After Qiwa and reforms | |
| Visa for departure and return | Workers are unable to request it. Employers are the only ones who can do this. | Employees can request it. Ten days prior to the visa’s issuance, employers will receive notification. Employers have the right to step in and protest the visa’s granting. |
| Final visa for departure | Workers are unable to request it. Employers are the only ones who can do this. | Workers are able to request it. Ten days prior to the visa’s issuance, employers will receive notification. Employers are entitled to intervene and protest the visa’s granting.
Workers will be blacklisted and prohibited from returning to Saudi Arabia if they issue a final exit visa during the term of their employment. |
Exit visas have historically been used to coerce, control, and mistreat migrant labor. Employees needed authorization from their employers to get an exit and re-entry visa in order to travel outside of Saudi Arabia for work-related vacations or to visit family.
The system let employers weaponize mobility, even while other businesses permitted their workers to come and go as they pleased. Because of alleged neglect or just as a show of force, workers were refused admission. Nowadays, everything is much better; each immigrant has a lot of rights and is free to choose how they want to live. Use a job search website like Layboard if you’re looking for work.
The right to not renew the contract or stop the work connection
| Prior to Qiwa and reforms | After reforms and Qiwa | |
| Contract non-renewal | Employers may not uphold the provisions of the contract, but employees may start non-renewal. Employees must apply to the MHRSD or Labour Court for assistance in non-renewal of a contract, either online or in person at the Labour Office, in order to assert their rights. | With Qiwa, this is now simpler and may be completed online without requiring a case to be filed at the Labor Office. In retaliation, employers may still provide an exit visa. |
| Contract termination during the probationary period | Although employers may not uphold the provisions of the contract, Workers have the authority to request termination. Employees must submit a claim online or in person at the Employment Office, visit MHRSD, or seek help from an employment tribunal to terminate their contract in order to exercise their rights. | This can be completed online without submitting a case to the Labor Office and is made simpler with Qiwa. Most likely, the worker will have to depart the nation. |
| Employment termination within the term of a contract. | Although employers may not uphold the provisions of the contract, workers have the authority to request termination. Workers can exercise their rights by contacting MHRSD or a labor court for help in ending the contract, or by submitting a claim online or in person to the Labor Office.
Employees will be required to pay back their contract, which is frequently the remaining amount of money owed to them. |
Qiwa facilitates this process, which can be completed online without submitting a case to the Employment Office. Most likely, the employee will have to depart the nation.
Employees still struggle to get unused paid time and end-of-service incentives despite their legal rights. |
According to the conditions of the employment contract, either the employer or the employee must notify the other party if they do not want to continue the agreement. During the probationary period, employees are free to end their employment agreement at any time without giving notice.
Additionally, workers have the right to cancel their contract early as long as they pay the employer the agreed-upon sum indicated in the contract to make up for the early termination. Although two months’ income is often the amount in practice, either party may mutually opt to end the contract at any time.
Revising the absconder (absentee) rules
| Prior to Qiwa and reforms | With Qiwa and reforms | |
| Refusing to work (running away). | Absconding accusations may be brought by employers at any moment. Employees are put in an irregular status by default. Although the charge can be contested by employees, it is nearly impossible to have it removed. Workers who are accused of absconding risk fines, deportation, and being banned from Saudi Arabia and future employment. | Only employees without an electronic contract with Qiwa may be subject to escape charges from their employers. Employees who suffer escape fines have sixty days to either find a new job or apply for an exit visa in order to depart the country. |
Serious human rights breaches are still permitted under the current system, despite the fugitive regime’s extensive improvements. By publishing a fugitive claim, an employer effectively ends the employee’s employment connection and denies them any compensation, including bonuses, severance pay, personal injury claims, and other benefits. If an employee feels that the accusations of absconding are malicious or untrue, they have the right to use the MHRSD labor dispute system to file a complaint against their employer during the grace period.
