Complete English text of Labor Ministry’s announcement of concessions for Expats

 

Below is the translation of text of joint announcement released on 10th May, 2013 by Ministry of Labor and Ministry of Interior found on the website of Labor Ministry:

 

 

Announcement by Ministry of Interior and the Ministry of Labor for facilities and exceptions for correction

The Ministry of Interior and Ministry of Labor have ask all companies, individuals and expatriate workers to expedite the rectification of the violations of residence and work permits and take advantage of exemptions and facilities approved by the Royal decree before expiry of the grace period for rectification which is up to 24.8.1434H corresponding to 3.7.2013G. Meanwhile both the Ministries reiterated that the competent authorities will begin inspecting campaigns and implementation of the rules on the defaulting employers and expatriate workers immediately after the expiry of the period. These exemptions and facilities include the following:

1. All expatriates violating the rules of residence and work who desire to correct their statuses and remain in the Kingdom of Saudi Arabia for work are exempted from the punishments and fines pertaining to their violations except the fee. This is for those whose violations took place before 25.5.1434H corresponding to 6.4.2013G.
2. In case of final departure before expiry of the grace period of rectification, the fee of residence permit, work permit card (iqama) as well as the punishment and fines relevant to the violations for the previously periods will be waived and their fingerprints will be taken in case of those whose fingerprints have not been recorded previously in order to update the information. It is to be noted that this procedure will not prevent the expatriate from entering into the Kingdom of Saudi Arabia again if he gets new entry visa (this procedure will be completed through the Passport Department).
3. The grace period of rectification shall not cover the infiltrators who got into Saudi Arabia illegally.
4. The expatriate workers who are absconding from their work (against whom Huroob has been registered) or their work and residence permits (iqama) have expired can correct their statuses either by returning to work with the present employer or by transferring their services to other employer without any requirement of approval of present employer. Any disputes of rights between them and present employers will be settled through the competitive judicial authorities taking into consideration the following:-           The transfer of service of the worker to the private company whose total workers are (10 workers) or more should not lead it  to fall lower than Green Category.-           More than (4 expatriate workers) at most will not be transferred to the very small green category establishments (whose number of workers reach up to 9 or less and they have employed at least one Saudi citizen whether he is employer himself or other Saudi against a salary not less than 3,000 Riyals ) Provided that total number of workers in one establishment shall not exceed (9 workers) after the transfer. (This procedure will be completed through the Labor Offices).
5. The domestic servants absconding from their work (against whom Huroob has been registered) or their work and residence permits have expired can correct their statuses either by returning to work with the present employer if they reach to conciliation or by transferring their services to other employer as domestic servants (This procedure will be completed through the Passport Department) or by transferring their services to private sector enterprises without any requirement of approval of the present employer. (This procedure will be completed through the Labour Office) and in order to complete the transfer of service, the following is required:-         The total number of domestic servants with one family should not be more than (4 domestic servants) after the transfer.-         The transfer of service of the domestic servant to the private sector enterprises whose total number of workers are (10 workers) or more should not fall under the less than Green Category.-          More than (4 expatriate workers) at most will not be transferred to the very small green category establishments (whose number of workers reach up to 9 or less and they have employed at least one Saudi citizen whether he is employer himself or other Saudi against a salary not less than 3,000 Riyals (Provided that total number of workers in one establishment shall not exceed (9 workers) after the transfer.
6. Those came for Haj and Umrah and overstayed (before 28.6.1429H corresponding to 3.7.2008-G) are allowed to correct their statuses  as domestic servants with individuals (this procedure will be completed through the Passport Department) or as workers with private sector enterprises (this procedure will be completed through the Passport Department initially to register the details of the expatriate then proceed to Labour Offices for approval of eligibility of the enterprise) as per the following conditions:-         This procedure shall not lead to increase the total number of domestic servants with one family more than (4 domestic servants) after the correction.-         This procedure shall not lead to falling of enterprises whose total number of workers is (10 workers) or more under the less than Green Category.-          This procedure shall not lead to transfer of more than (4 expatriate workers) at maximum to the very small green category establishments (whose number of workers reach up to 9 or less and they have employed at least one Saudi citizen whether he is employer himself or other Saudi against a salary not less than 3,000 Riyals) Provided that total number of workers in one establishment shall not exceed (9 workers) after the transfer.
7. The enterprises are permitted to correct the professions of the expatriate workers regardless of the category of the enterprise or its activity during the specified period of rectification of the statuses as per the conditions of the exclusive professions for Saudi nationals through the electronic services of the Ministry of Labour.   The professions exclusively limited to the Saudi nationals are: (Chief Administrative of Human Resources, Manager Personnel Department, Manager Business and Workers’ Affairs, Individual Relations Manager, Personal Affairs Specialist, Individual Affairs Clerk, Employment Clerk, Personal Affairs Clerk, Duty Clerk, General Reception Clerk, Hotel Reception Clerk, Patients Reception Clerk, Complaint Clerk, Cashier, Private Security Guard, Representative, Copier or Key Maker,  Custom Clearance Employee, Female workers in the Ladies Accessories Shops).
8. The change of profession is permitted for expatriate workers (domestic and non-domestic) without fee during the period of rectification.
9. Opening the opportunity to benefit from the period of rectification of statuses of expatriate workers of all nationalities without any exception during the grace period of rectification.
10. During the grace period of rectification, it is allowed to the enterprises to bypass specific percentages of nationalities in the composition of each facility in order to facilitate the rectifying process and accommodate the numbers wishing to correct their statuses. This does not include fresh recruitment applications.

General Provisions

1. The employment, transportation  and harboring of the violating expatriate is a violation that will expose the perpetrator to the imprisonment for a period of up to two years, and the financial penalties of up to one hundred thousand riyals for each violation. The punishment will be multiplied by multiplicity of violating persons.
2. Delay in the departure by the violating expatriate will expose him to both sentences of imprisonment and a fine.

3. In order to confirm that there are no claims for rights, the new employer, to whom the services of the worker have been transferred without the consent of the previous employer during the grace period of rectification, undertakes not to grant the worker final visa or re-entry visa (within the first three months) w.e.f. the date of transfer of service. In case the new employer allows the worker to depart during this period, he will bear all claims pertaining to rights due on the worker.

4. The legal domestic servants are permitted to transfer their services to private sector enterprises with the consent of the present employer (this procedure will be completed through the Labor Offices) as per the rules mentioned in the clause (No. 5) of the rules of grace period of rectification.

5. It is the responsibility of the employer to keep the work permit card as well as the residence permit card (Iqamah) of the expatriate working with him, valid during the stay period of the worker on the soil of the Kingdom of Saudi Arabia. And any violation will permit the worker to revoke the contractual relationship between him and his employer and enable him to transfer his services to another employer without approval of the actual employer. This rule will continue even after the expiry of grace period of rectification.

6. The expatriate will not be prevented from transferring his services in case the employer doesn’t handover the documents of the expatriate to him.

7. The services of the workers covered by the grace period of rectification will not be transferred to a new enterprise established after the date of beginning of the rectification period of 25.5.1434H corresponding to 6.4.2013G.

8.The status (transfer of service, change of profession … etc) of expatriate workers can be easily corrected through electronic services of the Ministry of Labour as long as the company has activated the second level of electronic services. (To activate the second level of electronic services, nearest Labour Office can be approached to obtain password of the enterprise).

9. The expatriate employee working with an enterprise owned by a foreign investor can transfer his services or get final departure without approval of the employer, in case the foreign investor leave the Kingdom of Saudi Arabia and there is no legal attorney or authorized person to run the enterprise.

The Ministry of Interior and the Ministry of Labour have directed all those who wish to take advantage of the exemptions and facilities of the grace period of rectification, to follow the executive procedures of the rectification period by visiting the website of the Ministry of Interior or the website of the Ministry of Labour and get a copy of these procedures or by contacting the customers’ service center 920001173.

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End of Ministry Statement.

To view the Arabic text click here.

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