MHRSD updates procedures for private sector employees’ absence from work
The Ministry of Human Resources and Social Development has updated the regulations governing the situation when foreign employees remain absent from work in private sector companies and establishments.
This is part of the ministry’s efforts to improve the contractual relationship between workers and employers, as well as to protect the contractual rights of all parties, and increase the attractiveness and flexibility of the employment market in the Kingdom.
As per the update of the procedures, the data of the expatriate worker ceases to be linked to his employer’s firm after the employer submits a request to terminate the contractual relationship due to the worker’s absence from duty. In such a case, the employee will be absent from work in the ministry’s systems, and the current employer does not bear any consequences for this.
In this case, the worker has the right, within 60 days, to transfer his service to another employer or obtain a final exit. In the event of passing 60 days without the foreign worker taking one of these options, the status of the worker becomes absent from work in the ministry’s systems and related regulations.
With regard to expatriate workers who were reported absent from work before the date of this update, the ministry clarified that employers would be allowed to transfer their services to their facilities if their status is absent from work. The late fees pertaining to these workers will be transferred to the new employer and this is with the worker’s consent when transferring the worker’s services to the new employer.
If the transfer of the service of the worker is not completed within 15 days from the date of the ministry’s approval of the transfer, the status of the expatriate will remain absent from work.
These updated measures come within the ministry’s efforts to protect the rights of workers and employers, and a continuation of efforts to raise the efficiency and attractiveness of the Saudi employment market, including the Wage Protection System, the initiative to improve the contractual relationship, and the friendly settlement program.
As per the update of the procedures, the data of the expatriate worker ceases to be linked to his employer’s firm after the employer submits a request to terminate the contractual relationship due to the worker’s absence from duty. In such a case, the employee will be absent from work in the ministry’s systems, and the current employer does not bear any consequences for this.
In this case, the worker has the right, within 60 days, to transfer his service to another employer or obtain a final exit. In the event of passing 60 days without the foreign worker taking one of these options, the status of the worker becomes absent from work in the ministry’s systems and related regulations.
With regard to expatriate workers who were reported absent from work before the date of this update, the ministry clarified that employers would be allowed to transfer their services to their facilities if their status is absent from work. The late fees pertaining to these workers will be transferred to the new employer and this is with the worker’s consent when transferring the worker’s services to the new employer.
If the transfer of the service of the worker is not completed within 15 days from the date of the ministry’s approval of the transfer, the status of the expatriate will remain absent from work.
These updated measures come within the ministry’s efforts to protect the rights of workers and employers, and a continuation of efforts to raise the efficiency and attractiveness of the Saudi employment market, including the Wage Protection System, the initiative to improve the contractual relationship, and the friendly settlement program.