Current Employer not Releasing me

Last activity 19 August 2024 by expat_in_ksa7

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ashik4everNew member01 June 2022 12:20:53

Hi There,

I got a new job offer. I give my current employer 30 day notice period and informed to deduct rest 30 days salary from my ESB as I could not give them 60 days. I've been working there since 2012 and come with their visa. My iqama is valid and nitaqat is green. There's NO contract with them. I want to take transfer by any means. They informed me to stay otherwise they will give me exit with my family.

In this situation what can I do? Will it be wise to go labor court as transfer service is now open for everyone if there's any valid job offer? Appreciate your kind advice.

blue19casubuanActive member01 June 2022 12:43:14

it really depends on your current employer if they are going to approve your transfer despite having no contract with them. The best way possible is really ask for their approval and talk with them, you have to lower down your pride even if it shows that you are begging to be released. I know that despite your current employer is insisting you to stay, they still have a heart allow you to transfer.

syedrehamath94Member01 June 2022 12:54:41

As per my understanding one can take transfer without current employer's permission via Qiwa platform if the contract is expired.

Arsal7Saudi Arabia Expert01 June 2022 13:18:22

1357

Hi There,
I got a new job offer. I give my current employer 30 day notice period and informed to deduct rest 30 days salary from my ESB as I could not give them 60 days. I've been working there since 2012 and come with their visa. My iqama is valid and nitaqat is green. There's NO contract with them. I want to take transfer by any means. They informed me to stay otherwise they will give me exit with my family.

In this situation what can I do? Will it be wise to go labor court as transfer service is now open for everyone if there's any valid job offer? Appreciate your kind advice.
- @ashik4ever

Oh boy.

Who said that to you?

Who said that transfer is open for everyone?

No dude, it is not open for everyone.

You can transfer but you need approval from the current employer.

It doesn't matter if you have a valid contract or not.

You need permission.

There are only 3 conditions in which you can get the transfer without approval, which are:

1: The iqama is expired more than 3 days.

2: Your company Niqatat status is RED.

3: You didn't get your salary for 3 months straight.

In your case?

You can't go to labor court, if you do, your employer will put the final exit on your visa within 10 minutes.

Sorry, you need approval from the current employer, there is no other way.

Arsal7Saudi Arabia Expert01 June 2022 13:25:45

1357

As per my understanding one can take transfer without current employer's permission via Qiwa platform if the contract is expired.
- @syedrehamath94

Wrong.

Don't spread wrong information.

It can lead someone to the final exit.

blue19casubuanActive member01 June 2022 13:27:44

@Arsal7 How about if you still have a car loan in the bank under your name? does your employer can give you a final exit visa or it will prompt them that they cannot issue it.

Arsal7Saudi Arabia Expert01 June 2022 13:41:35

1357

@Arsal7 How about if you still have a car loan in the bank under your name? does your employer can give you a final exit visa or it will prompt them that they cannot issue it.
- @blue19casubuan

They can put huroob.

Much easy.

VeroTeam17 June 2022 17:45:09

9005

Hi all,

Just a quick reminder that this forum is a friendly place where we encourage cordial and sincere exchanges of information among members.

Thank you,

Vero
Expat.com team

AmeraliNew member20 June 2022 18:29:40

Dear, it's simple now all contracts have legal protection from Government. You can accept a new job by QIWA and your current employer cannot stop that otherwise the ministry will intervene and your current employer has to be questioned.

afanbabaNew member22 June 2022 06:43:51

#10

@ashik4ever ,,

I think, everyone is making you scared as if taking transfer is totally a begging & not possible at any cost if current employer won't allow you.

My friend, the best suggestion is to give resignation on QIWA for 60 days, because Notice period should be serve for maximum 60 days if Current employer is creating hurdles for you.

I don't know, why other friends/members make you scared as if you are a slave or a beggar to talk politely or if there is no expatriate laws etc etc. With the introduction of QIWA system across kingdom in Jan, 2022 - its easy & legal to take transfer even if your contract is valid. Only you have to serve a legal notice period of 60 days & afterwards if your current employer won't give you transfer then you can proceed to Ministry of Labour & they will instruct to your employer for transfer.

I hope, you will take advise.

regards

rubelynromano18Member02 August 2023 16:18:46

#11

Good day,i am a ofw here in saudi arabia for 10years,and i want to transfer.but my employer doesnt want me to transfer,he want to send me in philippines.but for me i dont want to go in philippines..thank you

snahActive member02 August 2023 17:43:44

#12

@Arsal7 you're right i've experienced my iqama expired 5 months + no salary 3 months i got an offer through qiwa from another company i grabbed the opportunity i transferred straight without any intervention of my previous employer. . . those who want to transfer without those conditions its lead them for final exit from the employer.

jithin vargheseMember03 August 2023 08:31:39

#13

@afanbaba brother..i also try to go final exit.3 months after my contract will finish...but employer already tell to he didn't make paper for final exit .can i apply through qiwa poratal..then please tell to how can make proper exit with or without qiwa.

Aqeel Haider61New member19 August 2023 21:59:30

#14

@rubelynromano18 i m available

vanjarivignasaiMember22 April 2024 06:00:27

#15

Good day gents,

I have a query. currently i am working for a X-company but my visa is provided by man power supply company and for visa sponsorship my actual employer will pay and I don’t have any current contract in qiwa and I am serving proper notice period to my actual employer but my visa belongs to man power supply so my salary will be credited through the man power supply only so will he stop my notice period salary and end service benefit if i am taking transfer with out informing the current employer as he already in red status in nitaqat as per saudi labour law.

Oduorb26Member15 August 2024 20:29:58

#16

@Amerali I have been in Saudi Arabia for 2years 7 months, my contract ended and I renewed and went for vacation.

I came back, and I have been really struggling with my company to find me another job.

So, I am really trying to apply jobs on LinkedIn and naukrigulf so that I can at least get a sponsor.

Becouse I would really like to change the company.

What do you think would be my obstacle and what can I do if any arise?

Thank you

Oduorb26Member15 August 2024 20:35:42

#17

Can someone tell the law that supports my current employer not to decline to give me a release letter if I want to change to another company?

expat_in_ksa7Active member19 August 2024 04:46:50

#18

@Oduorb26

Refer to the article "Ministerial Decision 51848"

https://www.hrsd.gov.sa/en/knowledge-ce … ons/772702

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