Ministries announce amnesty for workers
Last updated: Saturday, May 11, 2013 1:16 AM
Saudi Gazette report
RIYADH – The ministries of interior and labor announced on Friday a waiver of fines and exemption from penalties for all expatriates who violated the residency and labor regulations before April 6, 2013.
All expatriates who violated residency and labor laws before April 6, 2013 will be allowed to correct their status and stay in the Kingdom for work without facing any penalties and paying and fines, said the ministries in a statement carried by the Saudi Press Agency (SPA).
Those violators who wish to leave the Kingdom for good during the grace period will be exempted from paying the fees of residency permit, employment license, and the penalties and fines imposed on them. Fingerprints will be taken of those who have not been fingerprinted. But doing so will not prevent them from entering the Kingdom again on a new visa, assured the ministries.
Expatriates facing huroob (runaway) cases or with expired residency permits may correct their status by either going back to work with the same sponsors or transferring sponsorship to another employer without the need to obtain their current sponsor’s permission. But they are not allowed to transfer sponsorship to any employer who has 10 or more employees, because in that case the green-zone business will fall into the yellow category.
Each green-zone small business can accept expatriates till the transfer does not raise the number of non-Saudi workers to more than nine.
Any financial disputes between the sponsor and the worker will be settled through pertinent legal authorities.
Domestic workers with three huroob reports or having expired residency permits can also correct their status by either going back to work for the same employers or transferring sponsorship to another employer provided that they do the same domestic chores. The Passport Department will finalize the sponsorship transfer procedures. But a family can not have more than four domestic servants after the sponsorship transfer procedures have been completed.
Domestic and non-domestic workers will be allowed to change their professions without paying any fees during the grace period.
Legal domestic workers may transfer sponsorship to private sector businesses if the current employer agrees. Labor offices will be responsible for finalizing sponsorship transfer procedures according to Article (5) of the regulations of the grace period.
Surprisingly, the ministries allowed even those who came to perform Haj or Umrah before July 3, 2008 and overstayed their visas to correct their status and do domestic work or take employment with the private sector.
The grace period and exemptions do not apply to those who entered the Kingdom illegally.
Regardless of the Nitaqat zone, all businesses will be allowed to correct the residency status of their expatriate employees during the grace period according to the regulations of professions restricted to Saudi employees. The profession restricted to Saudis only are human resources senior manager, personnel affairs manager, workers’ affairs manager, employees’ relations manager, employees’ affairs specialist, employees’ affairs clerk, clerk, receptionist, hotel receptionist, patient desk receptions, cashier, security guard, expeditor, key maker, customs clearance clerk, female workers in women’s accessory shops.
During the grace period, businesses will be allowed to hire several employees from the same nationality beyond the required percentage if such action will help them correct the status of their employees.
Expatriate workers’ status (sponsorship transfer, change of profession, etc) can be corrected easily through on-line services if the establishment has reactivates its online account. The password of a business can be obtained from the nearest labor office.
An expatriate worker who works in a business owned by a foreign investment may transfer sponsorship or leave the Kingdom for good without the investor’s approval. This provision only applies if the investor has left the Kingdom and did not authorize a legal representative or someone else to run the business.
The ministries called upon all establishments, individuals, and expatriates to correct their status and comply with residency laws during the grace period which will end on July 3, 2013.
Violators caught after the grace period will face imprisonment and fines. Employers or those who shelter illegal workers will be liable to up to two years in prison and fines up to SR100,000 for each violation.
The employer who accepted the sponsorship transfer of a new employee during the grace period without the former employer’s approval should pledge that he will not grant the employee a final exit visa or a reentry visa for the first three months following the transfer. If the employer allows the employee to travel before three months, he will be responsible for all financial obligations the employee made to others.
The employer is responsible for keeping his business license and employees’ residency permits up-to-date. If he fails to do so, the employee may terminate the employment contract and transfer sponsorship to another employer without the current employer’s consent. This provision will continue to be in force even after the grace period ends.
An employee can still transfer sponsorship even if the current employer withholds his official documents.
A business established after the announcement of the grace period i.e. after April 6 will not be allowed to transfer sponsorship of workers who meet the conditions of the grace period.
The ministries of interior and labor to visit their websites (http://www.moi.gov.sa, www.moi.gov.sa and (http://www.mol.gov.sa, www.mol.gov.sa) to get a copy of these procedures or call customer service at 920001173.
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