Saudi Arabia: Absconding foreign workers can rectify status without employer's consent

Dubai: Saudi Arabia’s Ministry of Human Resources and Social Development has issued a circular allowing the cancellation of absconding status against foreign workers without consent from the employer who filed the absconding case.

According to the circular, absconding foreign workers can rectify their status without their employer’s consent under certain conditions.

Abdul Majeed Al Rashoodi, Deputy Minister for Labour Affairs, pointed out that the cancellation of the absconding status can be carried out only after several conditions are met, first of which is if the status of the employer’s establishment is shown as “non-existent”.

The cancelation can also be made if the status of the establishment is “under process” and the employer has not opened another file within a period not exceeding 30 days from the date of opening the file.

If the establishment 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 per cent of its total workforce, absconding workers can rectify their status.

Also, absconders can rectify their status if the the establishment is located in the red zone and has not committed to protecting the wages of its workers at 80 per cent of its total workforce.

The circular also clarified the conditions that establishments wishing to transfer worker's services must meet. They include that 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.

Establishments must also provide the necessary terms and conditions in order to complete the procedures of transferring worker to a new establishment.