Maha plz work permit

We would like to inform you that it is permissible to grant a new work permit to the worker after the end of his work relationship, if one of the following cases is present:

 First: In fixed-term contracts:

 1- If the term of the contract agreed upon between the two parties has expired and was not renewed.

 2- If the two parties (the worker and the employer) have agreed to terminate this contract during its validity, provided that the worker has spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 3- If the employer terminates the contract without a reason attributable to the worker, and in this case it is required that the worker has spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 4- In the event that one of the parties (the employer or the worker) alone terminates the contract during the period of its renewal, even if the renewal was before the implementation of this decision, and in all cases the commitment of the termination to the following legal procedures is required:

 (A) Notifying the other party in writing of his intention to terminate the contract before the specified termination date by a period agreed upon by the two parties so that it is not less than a month and not exceeding three months, and if the renewal was actually done before the implementation of this decision, and the two parties did not agree on a notice period, this period is  Three months.

 (B) Continuing the business relationship throughout the notice period.

 (C) Payment of a fee for termination as agreed upon by the two parties, so that it does not exceed the total wage for three months, and if the renewal was actually made before the implementation of this decision, and the two parties did not agree on this consideration, this consideration is equal to the total wage for three months.

 Second: In unlimited-term contracts:

 1- If the two parties (the employer and the worker) have agreed to terminate this contract during its validity, provided that the worker has spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 2- If one of the parties (the employer or the worker) decides to terminate the contract and notifies the other party of that, while continuing to implement the contract during the agreed warning period that is not less than a month and does not exceed three months, and on the condition that the worker has spent a period of no time with the employer  Less than six months, and workers with first, second and third skill levels are excluded from this condition.

 3- If the employer terminates the contract without a reason for the worker, and in this case it is required that the worker has spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 Third: In all types of contracts (fixed or unlimited period):

 As an exception to the cases stipulated in paragraphs first and second of this article, a new work permit may be granted to a worker if one of the following cases is present:

 1- If the employer is proven to have violated his obligations legally or by agreement (for example, but not limited to: the case of non-payment of wages for a period of more than sixty days).

 2- The case of the complaint filed by the worker against the facility in which he works due to not being attached to work to close that establishment, and in this case a report from the inspection sector in the ministry is required proving that the facility has not been practicing its activity for a period of more than two months, provided that the worker has visited the ministry within two months of  Crash date.

 3- The case of the labor complaint referred by the Ministry to the court, and in this case a final judgment in favor of the worker is required including his entitlement to a wage of at least two months, or compensation for unfair dismissal or termination of the contract specified before its end, or any other rights that the employer did not give to the worker on his own accord  Without a reason approved by law, or depriving him of the end of service gratuity.

 In all the cases stipulated in this Article, the worker must fulfill the remaining conditions required - in accordance with the applicable legal systems - to grant him a new work permit.

 This is according to the Minister of Labor's Decree No. 766 of 2015, which reads: -

 Article 1

 A new work permit may be granted to a worker after the end of his work relationship, if one of the following cases is present:

 First: In fixed-term contracts:

 1- If the term of the contract agreed upon between the two parties has expired and was not renewed.

 2- If the two parties (the worker and the employer) have agreed to terminate this contract during its validity, provided that the worker has spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 3- If the employer terminates the contract without a reason attributable to the worker, and in this case the worker must have spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 4- In the event that one of the parties (the employer or the worker) alone terminates the contract during the period of its renewal, even if the renewal was before the implementation of this decision, and in all cases the commitment of the person who terminated the following legal procedures:

 (A) Notifying the other party in writing of his intention to terminate the contract before the specified termination date by a period agreed upon by the two parties, so that it is not less than a month and not exceeding three months, and if the renewal was actually done before the implementation of this decision, and the two parties did not agree on a notice period, this period is  Three months.

 (B) Continuing the business relationship throughout the notice period.

 (C) Payment of a fee for termination as agreed upon by the two parties, so that it does not exceed the total wage for three months, and if the renewal has already taken place before the implementation of this decision, and the two parties have not agreed on this consideration, this consideration shall be equal to the total wage for three months.

 Second: In unlimited-term contracts:

 1- If the two parties (the employer and the worker) have agreed to terminate this contract during its validity, provided that the worker has spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 2- If one of the parties (the employer or the worker) decides to terminate the contract and notifies the other party of that, while continuing to implement the contract during the agreed upon warning period that is not less than a month and does not exceed three months, and provided that the worker has spent a period of no time with the employer  Less than six months, and workers with first, second and third skill levels are excluded from this condition.

 3- If the employer terminates the contract without a reason for the worker, and in this case it is required that the worker has spent a period of not less than six months with the employer, and workers with the first, second and third skill levels are excluded from this condition.

 Third: In all types of contracts (fixed or unlimited period):

 As an exception to the cases stipulated in paragraphs first and second of this article, a new work permit may be granted to a worker if one of the following cases is present:

 1- If the employer is proven to have violated his obligations legally or by agreement (for example, but not limited to: the case of non-payment of wages for a period of more than sixty days).

 2- The case of the complaint filed by the worker against the facility in which he works due to his failure to be attached to work to close that establishment, and in this case a report from the inspection sector at the ministry proving that the facility has not been practicing its activity for a period of more than two months, provided that the worker has visited the ministry within two months from  Crash date.

 3- The case of the labor complaint referred by the Ministry to the court, in which case a final judgment in favor of the worker is required including his entitlement to a wage of at least two months, or compensation for unfair dismissal or termination of the contract specified before its end, or any other rights that the employer did not give to the worker on his own accord  Without a reason approved by law, or depriving him of the end of service gratuity.

 In all the cases stipulated in this article, the worker must fulfill the remaining conditions required - in accordance with the applicable legal systems - to grant him a new work permit.