In a significant move to enhance labor mobility and protect expatriate workers’ rights, Saudi Arabia has introduced a 60-day grace period for foreign workers whose employment contracts have ended or are not renewed. This initiative, implemented through the Qiwa platform by the Ministry of Human Resources and Social Development (MHRSD), aims to provide workers with an opportunity to regularize their status before being classified as “absent from work,” commonly referred to as “Huroob.”
Understanding the 60-Day Grace Period
The new regulation stipulates that expatriate workers who find themselves without an active employment contract are granted a 60-day window to take specific actions to avoid being marked as absconders. During this period, workers have three primary options:
- Transfer to a New Employer: Workers can initiate a sponsorship transfer to a new employer through the Qiwa platform. Notably, this transfer can be completed without the current employer’s consent, provided it occurs within the 60-day timeframe.
- Sign a New Contract with the Current Employer: If both parties agree, workers can renew their employment contract with the existing employer.
- Exit the Kingdom: Workers who choose not to continue employment can apply for a final exit visa to leave Saudi Arabia.
Failure to take any of these actions within the stipulated 60 days will result in the worker’s status being automatically updated to “absent from work” in the Qiwa system. This change will be reflected across all relevant government platforms, including the Ministry of Human Resources and Social Development and the Ministry of Interior.
Implications of Being Classified as “Absent from Work”
Being designated as “absent from work” carries significant consequences for expatriate workers:
- Removal from Employer Records: The worker will be removed from the employer’s records in the Qiwa system, severing the official employment relationship.
- Loss of Transfer Eligibility: Once marked as absent, the worker loses the eligibility to transfer to another employer, even if they wish to do so.
- Termination of Social Insurance: The worker’s registration with the General Organization for Social Insurance (GOSI) will be terminated, affecting their access to social security benefits.
- Potential Deportation: In some cases, workers may be subject to deportation and may face challenges in re-entering Saudi Arabia in the future.
Role of the Qiwa Platform
The Qiwa platform plays a central role in this process by automating the status change and ensuring that all relevant government entities are updated promptly. This digital approach aims to streamline labor relations and reduce administrative burdens for both employers and workers.
Objectives Behind the New Regulation
The introduction of the 60-day grace period aligns with Saudi Arabia’s broader labor market reforms under Vision 2030. The key objectives of this initiative include:
- Enhancing Labor Mobility: By allowing workers more time to adjust their employment status, the regulation facilitates smoother transitions between jobs and reduces instances of illegal residency.
- Protecting Workers’ Rights: The grace period provides workers with a fair opportunity to rectify their status without facing immediate penalties.
- Modernizing Labor Relations: The digitalization of labor processes through platforms like Qiwa reflects Saudi Arabia’s commitment to modernizing its labor market and improving efficiency.
How Workers Can Navigate the Process
Expatriate workers are encouraged to take proactive steps during the 60-day grace period:
- Monitor Contract Expiration Dates: Keep track of employment contract end dates to anticipate potential status changes.
- Utilize the Qiwa Platform: Access the Qiwa platform to initiate sponsorship transfers, renew contracts, or apply for exit visas.
- Seek Employer Cooperation: Engage in open communication with current employers to explore options for contract renewal or transfer.
- Consult Legal Advisors: In cases of disputes or uncertainties, seek advice from legal professionals specializing in labor law.
Conclusion
Saudi Arabia’s decision to grant expatriate workers a 60-day grace period to regularize their employment status represents a significant step toward protecting workers’ rights and enhancing labor market flexibility. By providing clear guidelines and utilizing digital platforms like Qiwa, the Kingdom aims to create a more transparent and efficient labor environment for both employers and workers.
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