Saudi Labor Law - No Objection Certificate, Transfer of Sponsorship or Release

Sunday, 12 December 2010 12:10 -

No Objection Certificate

Q78 Can the employer be obliged to issue a No-Objection Certificate (NOC) in favor of the worker?

A: 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 remaks that are prejudicial to the workers reputation or likely to limit his employment chances, the reasons shall be given. (Art. 64 par 1, SLL)

Q79 When is a No-Objection Certificate needed in case of workers returning to work in the Kingdom?

A: As a general rule, a worker would not need a No-Objection Certificate to return to the Kingdom for work. 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)

TRANSFER OF SPONSOR/ RELEASE

Q80 What is the so-called sponsorship rule?

A: The so-called sponsorship rule refer to the rule whereby foreign workers need to have

1/2

Saudi Labor Law - No Objection Certificate, Transfer of Sponsorship or Release

Sunday, 12 December 2010 12:10 -

sponsor for his visa to work in the Kingdom. The sponsor under the rule must be the employer of the foreign worker. Thus, working with a person not the workers sponsor or guarantor is considered illegal and a ground for deportation. The parties involved are also liable for fines of not less than five thousand riyals and not more than twenty thousand riyals, and the fine shall be multiplied by the number of persons subject of the violation. The worker shall be repatriated at the expense of the person who employs him. (Art. 233, SLL)

Q81 May a worker demand for a change or transfer of sponsor?

A: Transfer of sponsorship of worker is not a legal right. It is subject to the discretion of the sponsor and approval of the official authority.

Q82 What are the requirements and procedure for the change of sponsor?

A: The act of transferring sponsorship of workers has been in practice and is sanctioned by the Ministry of Labor. Under present decision, a worker can only transfer to other sponsor/employer after having worked with his current employer for at least two years.

The first thing that the worker should do is to secure his sponsors approval of his request to transfer to another sponsor/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.

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 other employer. Similarly, an employer may not employ worker 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)

2/2