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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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My question is I have work for this family since...

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My question is I have work for this family since September 2019 when I came they did an employment visa but they didn't update my status which is showing am overstay but they never told me from the start that they had issues with immigration so they can't issue ID to any employee now my two years is over and they don't want to clear my fines I reported to labour but my employer didn't pick up Labour calls what can I do please

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly note that, according to the data mentioned in your inquiry, a complaint can be submitted to the Labor and Human Resources Office and explain the matter in detail. This body is responsible for communicating with the employer for legal treatment, but the matter is considered a justification for changing the employer according to the law and with the approval of the Labor Office With the abolition of the sponsorship system and its replacement with the system of improving the contractual relationship, and with regard to changing the employer, the employer can be changed without the need for no objection from the sponsor, provided that the worker has served the employer for a period of not less than one year. The system also specified cases of transfer of sponsorship or change of work in cases Others, here is the following explanation
The sponsored person is not entitled to transfer his sponsorship without the consent of the previous sponsor except in three cases, namely, the first case: that the employer falls into the “red” zone through a program called “Nitaqat”, and the second case: if the employer has not yet renewed the worker’s license and residence expiry of a month, and the third case:
If the employer does not pay or pay the salary to the worker within a period of three months, in this case the worker has the right to transfer his sponsorship, and in this case it is called the termination of a contract with the first sponsor, and the worker turns to the labor office to obtain his rights from the first sponsor,
As the Saudi Ministry of Labor has set the conditions for transferring sponsorship without the consent of the employer in the Kingdom of Saudi Arabia, and it takes place in three cases:
1. It is required that the employer be in the “red” zone in the “Nitaqat” program.
2. In the event that the employer does not renew the license and residence of the expatriate worker in the Kingdom of Saudi Arabia one month after its expiry.
3. In the event that the employer did not pay the salary to the worker for a period of at least three months.
Note that if any of the previous three cases is available to the worker, the worker has the right to transfer his sponsorship without the approval of the first sponsor to another sponsor directly through the labor office in which the complaint is submitted to another company or institution with another sponsor.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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