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HELP: Transfer of Sponsor ( 6mos from 2 years contract )

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yanching

Hello I just signed here just to ask this question since this is one of the most active forum around. My problem is this;


I am on my 6mos now. I have a 24 mos contract from my sponsor. The company that I am working now has offered me to be a part of them by hiring me directly and getting me out from my kafeel.
This is a no brainer for me to decide since that company offered me even 200% increase from what I am getting now plus benefits.

Now the problem is, I have told this to my kafeel & he flatly said to "No way!". "I will ban you for entering Saudi or GCC for 3 years and I will file a complaint to that company if this continues." He even threaten me to pull me out of that company if I continue talking this issue to  him.

What shall I do Expat.com? The new company offered me to pay my kafeel money just to cover all his money spent on me. They will change even my iqama to its proper job description from my modest electrician iqama. What will I tell to my sponsor? Since he is not willing to make negotiations at all. He just wants to make money out of me.

I hope you will help me on this.

Additional info:
He is in green category small establishment.
Most of his earnings are coming from manpower supply to big companies and small industrial supplies.


Thank you so much on your help!

yanching

somebody please help me

saimans

I guess you cannot do anything in this case. Either you have to take him in confidence and convince him for a transfer or take final exit from him for whatsoever reason and come back for the Different sponsor.... Just wait, there are experts here on EB to give you a complete insight...

TheLegendLeads

@saimans is right and I dont have anything special to add. He is in green category that means he is fulfiling all obligations towards govt. The only option you would have is to complete your contract and go final exit. There also, your sponsor reserves the right to protect his business by requesting a ban on his valueable resources re-entry into the country to work for his competitors.

shikra

Dear,

- Your Kafeel does not want you to be part of this Company
- Problem is that your current sponsor is in Green Zone, otherwise, the Immigration authority would help you

Now listen,

You can try to do few things, but they may or may not work for you.

1st, try to involve the Saudi HR representative of the Company where you want to work and let him talk to your Kafeel in a good way

2nd, check from the same Saudi representative that is it possible to get transfer without a release letter from original kafeel even if he is in green zone. I heard that in this grace period awarded by the King, the immigration authority is transferring sponsorship even without a release letter. So please seek advise of the Saudi guys in your Company!

3rd, If nothing works out, you may have to get a Visa from the Company (if they have one), and get exit and come back again on their Visa.

Good luck.

TheLegendLeads

The #2 u said. There are so many misunderstandings about the grace period. It simply is timespan for employees in white, yellow and red to move to green. Nothing more, nothing less. Jawazat is still visiting companies but is issuing warnings only. My company is one example where they visited last week and issued a warning letter for 7 employees. Anyways, Nitaqat imposes respect and security to companies in green and blue. Bypassing the release letter is out of question thus.

The #3: His employer can simply black-list him for 2 yrs or lifetime may be.

His only option is #1. Wishing him all the best.

shikra

TheLegendLeads wrote:

The #2 u said. There are so many misunderstandings about the grace period. It simply is timespan for employees in white, yellow and red to move to green. Nothing more, nothing less. Jawazat is still visiting companies but is issuing warnings only. My company is one example where they visited last week and issued a warning letter for 7 employees. Anyways, Nitaqat imposes respect and security to companies in green and blue. Bypassing the release letter is out of question thus.

The #3: His employer can simply black-list him for 2 yrs or lifetime may be.

His only option is #1. Wishing him all the best.


#3, if he can get a support of any Saudi, he can get exit without getting blacklisted due to the fact that he is not doing anything wrong but only demanding an exit.

For #2, Yes, It is not confirmed, and that is why I suggested to check this relaxation with the HR Representative of the Company where one is seeking the sponsorship

yanching

Thank you guys for your help really. I talk to my kafeel, he said that I just need to finish my contract from him and then he will let me go. I cannot do anything as of now because of the contract I have with him. This is one of the case that I cannot do anything really. I thank you all guys for your kindness & help

HRGuru

yanching wrote:

Hello I just signed here just to ask this question since this is one of the most active forum around. My problem is this;


I am on my 6mos now. I have a 24 mos contract from my sponsor. The company that I am working now has offered me to be a part of them by hiring me directly and getting me out from my kafeel.
This is a no brainer for me to decide since that company offered me even 200% increase from what I am getting now plus benefits.

Now the problem is, I have told this to my kafeel & he flatly said to "No way!". "I will ban you for entering Saudi or GCC for 3 years and I will file a complaint to that company if this continues." He even threaten me to pull me out of that company if I continue talking this issue to  him.

What shall I do Expat.com? The new company offered me to pay my kafeel money just to cover all his money spent on me. They will change even my iqama to its proper job description from my modest electrician iqama. What will I tell to my sponsor? Since he is not willing to make negotiations at all. He just wants to make money out of me.

I hope you will help me on this.

Additional info:
He is in green category small establishment.
Most of his earnings are coming from manpower supply to big companies and small industrial supplies.


Thank you so much on your help!


When an employer "sub contracts" you out , usually its under contractual agreement and they will have "no poaching" agreements signed with all companies - thus preventing these companies in hiring qualified manpower they see with the contractors.

Your choice is limited since your sponsor (I am assuming that he is also the one who gave your visa) has rejected your transfer request. Your choice is either to continue with the sponsor or to leave in final exit and then come under the new company visa. But if your old sponsor comes to know that you have arrived under the new company he can lodge a complaint with the labor office - all comes down to the contractual agreement he has with companies.

yanching

my last question, my kafeel is in different address from where I am working now. His company is in green status. He supplied me here with an agreement. Does this count legal? Or should I stay only to his location / project? Problem is he doesn't have any projects now. And this is one of the reason why I want to transfer my visa.

HRGuru

yanching wrote:

my last question, my kafeel is in different address from where I am working now. His company is in green status. He supplied me here with an agreement. Does this count legal? Or should I stay only to his location / project? Problem is he doesn't have any projects now. And this is one of the reason why I want to transfer my visa.


The agreement he has given you will allow you to work other places other than your current sponsor and this is what is being practiced by contracting companies now. Is he paying your salary even without him having projects ??

yanching

Yes sir, I get my allowances & salary from him directly. The company that I am working now sends monthly payment to him. And from him, I will get all of my earnings. Is this legal if there will be checking going on? I will just show my iqama & the agreement I think.

HRGuru

yanching wrote:

Yes sir, I get my allowances & salary from him directly. The company that I am working now sends monthly payment to him. And from him, I will get all of my earnings. Is this legal if there will be checking going on? I will just show my iqama & the agreement I think.


Its legal since you have an agreement with your company.

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