Ministry of Labor of Saudi Arabia has updated rules of Nakal kafala or iqama transfer without need of “No objection certificate” or consent from existing kafeel. Mol has specified three conditions, Expatriates can go for Nakal kafala or transfer their iqama without consent of current kafeel these under three conditions.
1- Kafeel not paying Salary:
If kafeel is not paying salary to his employee from three months, the employee will be allowed to transfer his iqama into other company or kafeel. in this case, the employee does not need any permission or NOC from current employer provided that employee can prove he/she did not get salary for last three months. It is not hard prove because all employers/kafeel are obliged to pay salary into bank account of employee. So, if employee is not getting salary from last three months, he/she can get proof from bank which can be a bank statement or any other document from the bank. If the kafeel is not paying salary through bank account, it is actually a violation of labor law and kafeel will be considered guilty, the employee still can transfer iqama to other kafeel.
2- Iqama got expired:
If the iqama of an employee went expired and kafeel did not apply for renewal within 30 day after iqama expiry date, the employee will be allowed to transfer iqama without consent of current kafeel. it the second condition under an employee can do Nakal Kafal without kafeel’s permission. Click to check iqama expiry date.
When an employee gets huroob on iqama, he has right to challenge huroob under labor laws of Saudi Arabia. If the huroob is proven false, the employee is given right to transfer iqama into other company or kafeel. Many employers reports false huroob against their employee, so employees are always advised to challenge the huroob. Sometimes huroob is true but kafeel doesn’t respond to court when he is challenged. Resultantly, the employee is considered right and allowed to do Nakal Kafala. Click to check Iqama huroob.
That’s all, if you meet anyone of above three conditions, you can go for Nakal Kafala. Generally, if you want to transfer your iqama first time, there is a fee 2000 SAR. However, for doing Nakal kafala third and forth time, the fees will be 4000 SAR and 6000 SAR respectively.
Is it possible to work with other employer without Nakal Kafala?
Yes, it is possible in Saudi Arabia. You can work with other employer without Nakal Kafala. This is possible through newly launched Ajeer Program. This is the program for employers who doesn’t have enough work and have extra workers, they allow their workers to find jobs in other companies. Other company/kafeel can hire the extra workers through ajeer protal. An ajeer card is issued under this program additionally.