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Frequently
Asked
Questions
On
the
Latest
Amendments
to
the
Saudi
Labor
Law
Philippine
Embassy
in
Riyadh
April
2013
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Q2 A:
Q4 A:
are under the sponsorship of others. The Ministry of Labor shall inspect the firms and investigate the violations discovered by its inspectors, and then forward them to the Ministry of Interior to take penal actions against them. The employer is not allowed to let his worker engage in work for his own benefit. The worker would also not be permitted to work on his own account. The Ministry of Interior shall arrest, deport and take punitive measures against these violators who are working for their own benefit in the streets and public squares as well as against those who run away (from their sponsors).
Q6 A:
What are the remedies for these violators? The Saudi Government has implemented a three-month grace period until 4 July 2013 to allow illegal workers and erring employers to correct their residency and work status. Those working with an employer other than their sponsor should return to their original sponsor and work exclusively under that sponsor. They can also transfer to a new sponsor provided they follow existing rules for such a transfer. Freelancers should desist from working until they are able to contact their sponsors and rectify their iqama/sponsorship status. Workers with dependent visas should be conscious of their visa status, and desist from working even on part-time basis.
Q5 A:
Who are deemed to have violated these amendments? Those affected fall into these categories: (i) Those who are working with employers other than their own sponsor, with the knowledge of the original sponsor. This includes those who are in the process of transferring their sponsorship, but have not finalized it yet. (ii) Those so-called freelancers or those who have an iqama but do not or have never worked for the sponsor in the iqama. (iii) Those who are holders of a dependents visa, but are employed by an individual or company, whether licensed or not as an employer. (iv) Those who have absconded from their sponsor, have a valid iqama and are working for another sponsor. It should be pointed out, however, that those who have long absconded from their sponsor, do not have a valid iqama and are working for various employers are not directly covered by the amendments. They are nevertheless in violation of Saudi immigration law, and there are different procedures and regulations to be followed in these cases.
Q7 A:
What are the possible penalties for the violators? A violator can expect jail time, fines and deportation. It is possible, however, that a worker can be spared from arrest if the worker and the original sponsor will correct his work status during the three-month grace period. In the case of a worker with a dependents visa, the penalty will include deportation of the dependent and the head of the family, as well as a penalty for the employer.
Q8
A:
If the worker has long absconded from the employer and stayed in Saudi Arabia with an expired iqama, what can the worker do to be able to go home to the Philippines? The amendments to the Labor Law do not directly affect workers who have absconded from work and no longer have a valid iqama. Nonetheless, they are advised to do the following:
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Contact their sponsor and request a No-Objection Certificate to clear the way for their repatriation. Proceed to the Saudi General Directorate of Passports (Jawazat), along with the sponsor, for settlement of penalties and fines. Seek appropriate guidance and assistance from POLO with regard to contacting the sponsor and transacting with the Jawazat.
The first thing that the worker should do is to secure the consent and approval of his sponsor to transfer to another employer. The procedure then is for his prospective sponsor to write a letter expressing his interest in the workers service and requesting for his release. If the conditions are so acceptable to the present sponsor, he should formally consent thereto and sign the release papers. Thereafter, the prospective sponsor should present these documents with the application for transfer of sponsorship and iqama for official approval of the Ministry. Unless the legal rules and procedures are followed, an employer may not allow his worker to work for others and a worker may not work for another employer. Similarly, an employer may not employ workers of other employers. An employer may not allow a worker to work for his own account and a worker may not work for his own account. (Art. 39, SLL)
REPATRIATION
Q12 A: Is repatriation of the worker an obligation of the employer? Repatriation, which is the act of sending the worker back to the point of origin or place of hire, is a mandatory obligation of the employer in the following cases: (1) expiration of contract: (2) when the contract has been terminated for valid reasons or just cause as provided for in the contract or law; (3) resignation of the worker after complying with the advance notice requirement and satisfaction of the conditions set by the employer: (payment of indemnity, etc.) (4) death of the worker; and, (5) when repatriation has been decided or determined by the Saudi Labor Office and such other analogous cases.
Q11 A:
Under these circumstances, the worker can demand for his repatriation as a matter of right subject to clearance in cases there are other offenses or legal impediment, either civil or criminal, imputed against the worker. Q13 A: Who shall bear the cost of repatriation? The employer shall bear the cost of exit visa and return ticket to the workers home country at the end of the relation between the two parties. (Art. 40 par 1, SLL) Under what circumstances will the employer be exempted from shouldering the cost of repatriation? The employer shall be exempted from shouldering the cost of return ticket if the worker shall have absconded or worked for another employer (Art. 233, SLL), or shall have stopped or resigned from work prior to the end of contract. Likewise, a worker shall incur the cost of returning to his home country if he is unfit for work or if he wishes to return to his home country without legitimate reason. (Art. 40 par 2, SLL) Q15 A: Can a runaway worker demand for his repatriation? A runaway worker can demand for his immediate repatriation if his employer fails or refused to send him home for a reasonable length of time and his situations falls under any of the circumstances stated above. Should the employer refused to do so, the worker must file a complaint at the Saudi Labor Office. However, if the worker ran away or absconded from his employer for no valid reason or cause, repatriation may be demanded after indemnifying the employer, unless the latter waives the payment thereof. Absconding from the employer will also give the employer the right to report the matter to the police and immigration authorities. Once reported, a worker can only be repatriated through deportation.
It is noteworthy to remember that if a worker has valid ground or causes of terminating the contract, such as clear violation of contract by the employer, the proper course of action is to file a complaint at the Saudi Labor Office if conciliation is not successful, and not to abscond from the employer. Q16 A: Can a worker immediately be repatriated if he or she has the money to buy his or her own air ticket? No. A worker found to have violated Saudi labor and immigration laws has to undergo a legal process first before he can be deported by Saudi authorities. Certain penalties will imposed, particularly the penalty fees for an expired iqama.
Q14 A:
NO OBJECTION CERTIFICATE
Q17 A: Can the employer be obliged to issue a No-Objection Certificate (NOC) in favor of the worker? No. A worker cannot compel the employer to issue a no-objection certificate for the purpose of returning to the Kingdom. However, the employer is required to give the worker upon his request and free of charge, a Certificate of Work Experience, indicating the date of his employment, date of end of his work, his profession, and the last wage received. If the certificate contains any remarks that are prejudicial to the workers reputation or likely to limit his employment chances, the reasons shall be given. (Art. 64 par 1, SLL) Q18 When is a No-Objection Certificate needed in case of workers who want to return and work again in the Kingdom? As a general rule, a worker would not need a No-Objection Certificate to return to the Kingdom for work.
A:
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However, if he had been previously holding a sensitive or highly confidential position where he was privy to his employers business or trade secrets, he needs NOC if he returns for work within 2 years. This is necessary especially if the Work Contract of the worker contains provision prohibiting re-employment within two years. (Art. 83, SLL)
For further queries, please call or email: Embassy / POLO Hotlines Philippine Overseas Labor Office Riyadh 054 591 7834 polo_riyadh@riyadhpe.com Philippine Overseas Labor Office Eastern Region 050 126 9742 polo_eastern@riyadhpe.com Philippine Overseas Labor Office Central Region (Buraidah and Hofuf) 050 753 7997 polo_central@riyadhpe.com Philippine Overseas Labor Office Jeddah 056 195 6142 polo_jeddah@yahoo.com Assistance to Nationals (Police cases, detention, death and other emergencies) 056 989 3301 help-atn@riyadhpe.com
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