‘Runaway’ status can be rectified without employer’s consent: MHRSD
The Saudi Ministry of Human Resources and Social Development (MHRSD) has issued a circular allowing the cancellation of runaway notification against foreign workers without the consent the employer who had reported it.
Deputy Minister for Labor Affairs Abdul Majeed Al-Rashoodi pointed out that the cancellation process could be carried out only after several conditions were met.
The runaway notification can be canceled if:
1 - The status of the employer’s facility is shown as “non-existent”.
2 - In the event that the status of the facility is “under process” and the employer has not opened another file for the facility within a period not exceeding 30 days from the date of placing the file.
3 - In the event that the facility is located in the red zone and has not committed to documenting the contracts of the workers who work for it at a rate of no less than 75% of its total workforce.
4 - In the event that the facility is located in the red zone and has not committed to protecting the wages of its workers at 80% of its total workforce.
The circular also clarified the conditions that the establishments that are wishing to transfer worker's services must meet, including:
1- The establishments must issue an e-certified letter in which the employer who wants to transfer the worker’s services to him is obligated to bear all the fees incurred.
2 – The establishments must provide the necessary terms and conditions in order to complete the procedures of transferring worker to the new facility as mentioned in the second rule of Article 15 of the executive regulations of the labor law, which was issued on 4/11/1440 AH.
The runaway notification can be canceled if:
1 - The status of the employer’s facility is shown as “non-existent”.
2 - In the event that the status of the facility is “under process” and the employer has not opened another file for the facility within a period not exceeding 30 days from the date of placing the file.
3 - In the event that the facility is located in the red zone and has not committed to documenting the contracts of the workers who work for it at a rate of no less than 75% of its total workforce.
4 - In the event that the facility is located in the red zone and has not committed to protecting the wages of its workers at 80% of its total workforce.
The circular also clarified the conditions that the establishments that are wishing to transfer worker's services must meet, including:
1- The establishments must issue an e-certified letter in which the employer who wants to transfer the worker’s services to him is obligated to bear all the fees incurred.
2 – The establishments must provide the necessary terms and conditions in order to complete the procedures of transferring worker to the new facility as mentioned in the second rule of Article 15 of the executive regulations of the labor law, which was issued on 4/11/1440 AH.