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Transferable iqama and employment termination

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acegenious

Hi,

I have a transferable iqama. My employment was terminated 17/08/24. I have a case against the company which has already gone through HRSD and the intermediary 1st session has been completed. My contract end date is 20/10/23 (according to them it should be 20/10/24)

Nevertheless my iqama is due to expire 17/01/24. The company has given me a date of 05/11/24 fifteen days from the termination of the contract (20/10/24) to find another sponsor.

1) where has this fifteen days from the date of termination come from the contract end date to the 05/11/23 for the deadline to transfer my iqama?

2) what is the law on the grace period given to transfer the iqama?

3) if a final exit is given (I have heard from people) that recently the law has been changed you can still transfer the iqama to another employer when the company has issued final exit is this true or false?

Thanks

Mike2523

@acegenious should be minimum 1 month and maximum 2 month notice period and also notice period salary and all your remaining payments if they didn't follow bring them court.

Stay well and don't worry.

Rinkuhassan

False ...If your company will issue final exit then company have only authority to cancel final exit....if your visa then do it Case against him otherwise need to leave the kingdom within 60 days

acegenious

@Mike2523


Hi Mike what about the period for transferable iqama? If they gave me notice on 17/08/23 and my contract end date on Gosi should be 20/10/24 but they terminated me then what is the rule for the grace period (if there is any)?


what is the length of time I have from the dates I have given to transfer ? Is it from the termination date or the contract end date ?

acegenious

@Rinkuhassan


the iqama was transferred from another company to this company. This company isn’t the one who called me into the kingdom. What is the ruling on this as I know they cannot give a final exit since they didn’t call me to the kingdom in the first place ?

johnsheart

@acegenious

wrong info my bro. your recent company is the one who decide whether to transfer you or give you the final exit. forget about the 1st company hosted you from your own country.

XTang

Just to add one simple fact.  There is NO such thing as a transferable Iqama.  Every Iqama is transferable IF the sponsor agrees.   If the sponsor doesn't agree (and you haven't gone through QIWA transfer process). then tough luck.  And as other posters have  said, the company can issue final exit.  Forget about your first company.  It matters for nothing.


Lastly, GOSI contract is irrelevant in labor disputes.  The only contract that matters nowadays is the one on QIWA.  In these contracts, the company can terminate by giving appropriate notice e.g. 2 months.  You get paid during those two months and it is at the discretion of the company whether they want you to work or take garden leave.   


The grace period is determined by either the expiry date of the Iqama or the issuance of a final exit visa (60 days to leave).  Don't confuse yourself by linking immigration formalities to labor contracts.  To make it even clearer, immigration is your right to stay in the country i.e. Iqama...........labor is your right to work i.e. work permit and that is where contracts come in.  Either of these rights can be taken away without impacting the other e.g. work permit can be cancelled but Iqama can be maintained...............or the other way round.   They haven't cancelled your work permit............they have given you a final exit which means your right of stay will end in 60 days.

acegenious

@XTang


hi xtang i dont have a qiwa contract. I have a lawyer working on the case and its gone to the judge.


Qiwa said if i didn’t have a contract with them as the company did not put everyone on a qiwa contract then the Gosi one applies. I also do not have a company contract.


They have also sent me a letter of termination which i did not sign stating they will transfer and i have until 5th nov.

XTang

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Irrespective of that, keep in mind that the contract will only determine your exit package re: financials.  Right to stay is a completely different animal.

acegenious

Hi xtang


see below about new rules


New Rules For Foreign Workers


The year 2021 bears good news for all the foreign employees working in the KSA. From March 2021 onwards, you are not obliged to seek permission from your employer to leave the country, transfer sponsorships, or change jobs.

With the advent of these laws, you will no longer have to be dependent on your employer. These modified labor laws are brought into effect to attract talented workers from all over the world. Before 2021, if you tried to leave the KSA without the consent of your employer, you would be deemed a fugitive. However, these new laws offer foreign workers much-needed freedom.

acegenious

@XTang


The lawyer said they must issue the transfer and also i have s termination document from them stating I must transfer by 5th nov.


Now they have admitted liabilty and below are new conditions you can transfer without employer consent


New Rules For Foreign Workers


The year 2021 bears good news for all the foreign employees working in the KSA. From March 2021 onwards, you are not obliged to seek permission from your employer to leave the country, transfer sponsorships, or change jobs.

With the advent of these laws, you will no longer have to be dependent on your employer. These modified labor laws are brought into effect to attract talented workers from all over the world. Before 2021, if you tried to leave the KSA without the consent of your employer, you would be deemed a fugitive. However, these new laws offer foreign workers much-needed freedom.

acegenious

@XTang


The dispute is illegal contract termination. They have admitted liability.


So final settlement has not been paid yet.

XTang

First, the news articles that you keep reproducing, are just that i.e. announcements and NOT fully in effect.  For example, you STILL need to get exit re-entry from employer to leave the country (and if you leave on ERE and don't come back, you still get banned)...........the thing is that they announced these new rules with much fanfare back in 2021......I know, I was here........but ask anyone here if they have been implemented or not and they will tell you no.


So google is NOT your friend on this one.


Now if they have admitted to illegal contract termination then it means that they HAVE to pay you.  That is the good news.  Transfer is not the issue.....if they haven't issued a final exit then there is a chance to get it through the court.

Zaby9083

@XTang


You given good information, i just want know more that in my case , i terminate the contract and ready to pay penelty that will one month according to written in contract. So if paid all penelty then can i put case on court for transfer to another company with 2 or 3 days after termination of contract, can i took the transfer in new company ??


In my case , i have own car, i took transfer in current company last year, 11 month contract period is remianing, iqama is valid for 1 year, in contract it is written to pay one month after terminating the contract in between , i m ready to pay amount as per company estimate.


what is the point against me and how to deal the issue will come during transfer 90days notice period ??

reply is appreciable.

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