In Saudi Arabia, the process for transferring an employee to a new employer depends on the employee’s current status and compliance with labor regulations. Based on the Qiwa.sa platform and recent labor reforms (2021), there are three primary paths for transferring an employee to your establishment:
1. Direct Transfer (Without Employer Consent)
Conditions:
- The employee’s Iqama (residence permit) or work permit has expired and was not renewed by their current employer.
- The employee arrived in Saudi Arabia over 90 days ago but never received a work permit from their current employer.
Process:
- The new employer can initiate the transfer without the current employer’s approval or waiting for a notice period.
- Submit the transfer request via the Qiwa platform or the Ministry of Interior’s Establishment Account.
- The system automatically approves the transfer if the above conditions are met.
Key Notes:
- The employee must resolve any overstay fines (SAR 500/month) for an expired Iqama before the transfer.
- The new employer assumes responsibility for renewing the Iqama and work permit.
2. Transfer with Employer Consent (Mutual Agreement)
Conditions:
- The employee has a valid Iqama and work permit.
- The current employer agrees to the transfer (no forced retention).
Process:
- The new employer submits a transfer request via Qiwa, and the current employer approves it electronically.
- No notice period is required if both parties agree.
- The employee’s sponsorship is transferred once the process is finalized.
Key Notes:
- This is the smoothest method if the current employer cooperates.
- The employee must ensure their contract is terminated properly (no unresolved disputes).
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3. Transfer After Notice Period
Conditions:
- The employee has a valid contract and wants to leave their current employer without mutual consent.
- The employee has completed at least 1 year with their current employer (per 2021 labor reforms).
Process:
- The employee must serve their contractual notice period (e.g., 30–90 days) unless the employer waives it.
- The new employer submits a transfer request via Qiwa after the notice period ends.
- The employee’s file is automatically transferred if the current employer raises no objections.
Key Notes:
- The employee can use the Mudad portal to notify the employer of their intent to transfer.
- If the employer objects unjustly, the employee can escalate to the Labor Disputes Committee.
General Requirements for All Transfers:
1. The employee must have no outstanding legal or financial violations.
2. The new employer must have a valid commercial registration and sufficient Saudization (Nitaqat) quota.
3. All steps are processed through Qiwa.sa or the Absher.sa platform.
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Critical Reminders:
- Expired Iqama: Resolve fines and renew immediately to avoid deportation risks.
- Employer Retaliation: If the current employer withholds documents or refuses cooperation, file a complaint via **MHRSD** (📞 19911) or the Labor Office.
- Probation Period: Transfers during probation require mutual agreement.
For step-by-step guidance, visit the [Qiwa Platform](https://qiwa.sa/) or consult the Ministry of Human Resources and Social Development (MHRSD). Always verify the employee’s status via Absher before initiating a transfer.
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