News 24 | Include penalty clauses on both parties … The most important questions and their answers on the initiative to improve the contractual relationship

The Department of Human Resources and Social Development answered the most common questions about the contractual relations initiative that includes all workers in the private sector, which it unveiled today (Wednesday).

The questions were as follows:

What do we mean by career mobility service?

The professional mobility service allows a migrant worker to move from one employer to another at the end of his employment contract without needing the employer’s approval. The transfer mechanisms are determined during the term of the contract, provided that the notice period and the specified controls are respected.

Does the worker have the right to a career transfer before the end of the contractual period after the first year of his first entry into the Kingdom?

Yes, he has the right to move, while adhering to the penalty clause provided for in the contract, provided he does not violate the work system and respect the 90-day notice period.

What if the worker wants to move after the end of the contract period?

He can move and the penalty clause does not apply to him in this case.

In the event of a second contract and subsequent contracts, does the worker have the right to move during the first year of the contract?

Yes, he has the right to move with the application of the eligibility conditions of the worker and of the new employer, and in this case the penalty clause applies to him as stipulated in the contract as well as the specified notice period of 90 days.

What are the procedures for implementing a professional mobility service request?

The new facility submits the service request through the ministry’s Qiwa platform. A message is sent to the expatriate worker to acknowledge their desire to relocate, submit the request to the platform, and then send an approval notification to all parties.

What are the exit, return and final exit services?

The final exit service for a migrant worker. Final exit request during the validity of the employment contract or after the end of the contract automatically. The exit and return service allows the expatriate worker to automatically raise the exit and return request during the validity of the employment contract in the Absher system.

Does the penalty clause apply to the worker or to the employer?

As stipulated in the contract documented between them, and it is the responsibility of the party who terminates the contract.